As of Monday night, June 16, Hispanic journalist Mario Guevara remains detained in the DeKalb County Jail after being arrested on Saturday, June 14 while conducting live coverage of a protest against ICE. Although a bond was approved Monday morning under his own signature, his immediate release has not been possible due to an immigration hold, which means he is now dependent on what the immigration system decides in the next few hours.
As explained by Diaz & Gaeta Law, Guevara’s representative, during a live broadcast through the Facebook page of MG News, owned by Guevara himself, the case is still developing, but there are encouraging elements.
Bail obtained for Mario Guevara
“We were able to get a bond for Mario today, under his own signature, which means he didn’t have to pay a fine,” explained Zacharías Gaeta, one of the attorneys on the Diaz & Gaeta legal team.
“But unfortunately he is still in detention because he came down with an Immigration detain, and now we have to wait until 48 hours have passed to find out if Immigration is coming for him.”
Has a migration hold
In this type of situation, if within that time Immigration decides to exercise detention, Guevara could be transferred to an immigration detention center.
According to the attorney, the offices are already prepared to request a new bond motion before the Immigration Judge, in case the removal is finalized.
The legal team argued that there is a good chance that Mario Guevara will be released on bail in the immigration system as well, given that he has no criminal record, is a well-known journalist in the community, and has received strong public support since his arrest.
Mario Guevara has minor accusations
Attorney Zacharias Gaeta also gave his opinion on the three minor charges he faces at the criminal level, stemming from the moment the police ordered the protesters to leave the site.
Mario Guevara, who was broadcasting live and visibly identified as a journalist, did not leave immediately, which led to his arrest.
“In my opinion, the charges are not very serious. He was not violent, he was doing his job as a member of the press,” the lawyer said.
“I have good faith that we will be able to drop the charges because he did not commit any crime,” the lawyer added.
The defense insists that this is a strong case in defense of press freedom, and that the context of the protest does not justify detention or the use of the criminal or immigration system to repress the right to inform.
Press rights and legal warning
Buzzy
During the MG News live, it was also reminded that both citizens and journalists have the right to record the police, according to the First Amendment of the U.S. Constitution.
However, attorney Zacharias Gaeta warned that, when authorities give the order to vacate a scene, it is important to obey immediately to avoid legal misunderstandings.
Reporter Alondra Madrigal, also of MG News, confirmed that so far Mario Guevara remains in jail and that the team hopes he can be released before the 48 hours that Immigration decides to pick him up.
Mario Guevara’s case highlights the risks faced by journalists who cover sensitive issues such as immigration, even when they do so in the course of their work.
I have good faith that we will be able to dismiss the charges because he did not commit any crime
