Mario Guevara’s attorneys argue his detention violates his First and Fifth Amendment rights and amounts to retaliation against his journalism
BRUNSWICK, Ga. — From protest arrest to federal detention, the case of journalist Mario Guevara, who continues to be held in ICE detention over two months after his arrest while covering a protest near Atlanta, was presented in federal court on Wednesday.
Guevara, the founder and senior reporter for MGNews, is reportedly the only journalist currently incarcerated in the United States as a direct response to his reporting, according to his legal representatives from the ACLU.
On June 14, Guevara was wearing a press vest when he was taken into custody while livestreaming a “No Kings” protest in DeKalb County. The criminal charges levied that day were swiftly dropped, and an immigration judge granted him bond on July 1.
However, instead of his release, ICE moved Guevara to Gwinnett County, where he faced additional traffic charges, which were subsequently dismissed. Despite this, Guevara remains in federal custody, moving among several detention centers.
Guevara’s legal team submitted a habeas petition last week, contending that his detention infringes upon his First and Fifth Amendment rights and constitutes retaliation for his journalistic work.
The hearing on Wednesday at the Frank M. Scarlett Federal Building in Brunswick lasted approximately one hour. Reporters were barred from bringing recording devices or other electronic equipment inside.
Guevara was not present in court.
Attorneys with the ACLU argued for Guevara’s immediate release, while federal prosecutors defended ICE’s discretion to continue holding him.
Prosecutors pointed to the fact that Guevara does not currently hold a U.S. visa. His attorneys countered that he has a pending visa petition and is also eligible for a green card.
The judge did not issue a ruling. Instead, he gave both sides seven days to submit additional information before considering the next steps.
Outside the courthouse, Guevara’s son, Oscar, wore a polo from his father’s news network and spoke emotionally about the toll of waiting.
“That’s not good news nor bad news—it just means more waiting,” Oscar said. “Ultimately, it’s more time that my dad is going to spend in jail.”
Advocates also voiced alarm at what Guevara’s case means for journalism in the U.S.
Jose Zamora, of the Committee to Protect Journalists, called the detention “a terrible precedent.”
“Mario’s detention is unjust, a direct retaliation for his journalism and livestreaming—something that should worry us all,” Zamora said. “There needs to be due process. Everybody deserves due process.”
“I’ve been praying every night that the judge and prosecutor have some mercy,” he continued.
The judge’s seven-day deadline sets the stage for another court date in the coming weeks. Until then, Guevara remains in ICE custody, more than 75 days after his initial arrest.
