Guevara v. Francis

On June 14, 2025, police officers arrested prominent Georgia journalist Mario Guevara as he was reporting on a protest against the Trump administration in the Atlanta area. He was charged with misdemeanor violations that were dropped within days. Nevertheless, U.S. Immigration and Customs Enforcement (“ICE”) took him into custody, where he remains despite an Immigration Judge’s determination that he is neither dangerous nor a flight risk and should be released back to his community.

ICE argues that Mr. Guevara should remain in detention specifically because he livestreams and reports on law enforcement activities. The government characterizes his journalism as a danger to society. But documenting law enforcement activity in public is fully protected by the First Amendment, and Mr. Guevara’s ongoing detention is a retaliatory and unlawful effort to prevent him from continuing his journalism.

We have filed a habeas petition and an emergency motion for preliminary relief challenging Mr. Guevara’s unconstitutional detention by ICE as a violation of his free speech and due process rights. We request his immediate release from custody so he can return to his family and continue his reporting.

His legal team includes the ACLU; ACLU of Georgia; the University of Georgia School of Law’s First Amendment Clinic; Garland, Samuel & Loeb, P.C.; and Diaz & Gaeta Law, LLC.