Salvadoran journalist ordered released from ICE custody
Atlanta-based Mario Guevara
By The Committee to Protect Journalists
HAVANA TIMES – The Committee to Protect Journalists welcomes Tuesday’s order to release journalist Mario Guevara, who was arrested while livestreaming a protest in an Atlanta suburb on June 14, from Immigration and Customs Enforcement (ICE) custody, on bond.
Despite the court order for Guevara’s release, CPJ is concerned by the government lawyer’s argument that livestreaming presented a danger to the public by compromising the integrity and safety of law enforcement activities.
Guevara, an Emmy-winning, Spanish-language journalist, born in El Salvador, who has lawfully resided in the U.S. for nearly 20 years, was placed in ICE custody on June 18, according to public records and Guevara’s lawyer.
On Tuesday, the journalist was ordered released on $7,500 bond.
“We are heartened to see that Mario Guevara was ordered to be released from Immigration and Customs Enforcement custody at his bond hearing, though we remain concerned about the arguments the prosecution made that Guevara’s work as a reporter presented a danger to the community,” said CPJ U.S., Canada, and Caribbean Program Coordinator Katherine Jacobsen. “The fact that Guevara was arrested while exercising his First Amendment rights as a journalist and was subsequently held for over two weeks by various law enforcement bodies sends an alarming message to the media and has effectively silenced Guevara’s coverage of his community. We urge law enforcement to thoroughly investigate why Guevara was arrested in the first place.”
The judge said that there was a gray area between constitutionally protected speech and obstructive behavior. He noted that it was not for an immigration court to rule on that matter, but that if Guevara were to face additional charges or be convicted the court could reconsider his release.
Guevara, who has authorization to work in the United States was wearing a vest marked “Press” at the time of his arrest. He covers immigration on his “MGNews” Facebook page, which has 112,000 followers, and other digital platforms.
Guevara was arrested on three misdemeanor charges related to his First Amendment rights, guaranteeing freedom of the press. Those charges were dropped on June 25 due to insufficient evidence.
During the hearing, prosecutors relied on a 2015 Facebook post in which Guevara posed with a firearm to argue that he was a danger to the public and should remain in detention. Guevara’s lawyer objected to the claimed post, as it was not presented as evidence.
Guevara appeared virtually at the hearing from the Folkston ICE Processing Center in southeast Georgia.
CPJ wrote to Gwinnett County Solicitor-General Lisamarie N. Bristol to express concerns about the misdemeanor charges levied against Guevara approximately one month after the alleged incidents occurred, and after ICE had issued a detainer.
“At this time, this matter does not fall under the jurisdiction of the Solicitor-General’s Office,” the solicitor-general told CPJ in an emailed response.
Although the journalist was live streaming, it is helpful to remember that video of the murder of George Floyd by Chicago police was instrumental in securing a murder conviction. Any video of law enforcement activities should never be prohibited. It is in the public interest to record such interactions. Accountability is paramount.