Connect with us

Politics

NEW: Federal Judge Releases Illegal Alien From ICE Detention Despite Outstanding Felony Charge

Published

on

A federal magistrate judge in Chicago ordered the release of a Venezuelan illegal alien who was arrested in a Chicago area immigration raid over the weekend. The suspect, who was previously arrested on felony charges by Chicago police, was later re-apprehended after the case sparked national uproar.

Edward Martinez-Cermeno, 24, first entered the United States after illegally crossing the southern border near Eagle Pass, Texas in 2023. He soon made his way to the Chicago area, where he was staying with his girlfriend’s parents.

Martinez-Cermeno, who was a police officer in Venezuela before illegally entering the United States, was arrested by U.S. Immigration and Customs Enforcement (ICE) agents on Sunday for making the illegal entry. In addition to the charge for illegally entering the United States, Martinez-Cermeno was arrested on felony theft charges by Chicago police in January of last year. He ultimately failed to appear for his court appearance, leading to an additional arrest warrant.

During his initial court appearance before federal Magistrate Judge Gabriel Fuentes of the Illinois Northern District Court, the illegal alien’s public defender argued that his client was not a flight risk due to the fact that he has an asylum hearing scheduled for April 2026. Judge Fuentes ultimately ordered Martinez-Cermeno’s release after agreeing that his scheduled asylum hearing, as well as his “ties to the community,” meant that he is not a flight risk.

The judge ultimately ruled that immigration officials did not have the “legal paperwork necessary for detaining and deporting him” and ordered his immediate release. Martinez-Cermeno was then freed from the MCC federal prison in downtown Chicago on Tuesday after spending roughly 48 hours in custody.

“This kind of case is what we call a mandatory release case, meaning that this man has to be released unless the prosecutor can actually prove that there is a, quote, ‘serious risk’ that he will flee the jurisdiction if he’s released and they would need to prove that by what we call a preponderance of the evidence,”Alison Siegler, Professor of Law for the University of Chicago’s Law School, told ABC 7 Chicago. Siegler added that Judge Fuentes “absolutely did the right thing here.”

0:00 / 0:00

15 seconds

15 seconds

Martinez-Cermeno’s freedom did not last long, however, as he was re-arrested by ICE agents on Wednesday. According to the agency’s online detainee database, the Venezuelan national is currently “in custody” at the Clay County, Indiana detention center.

The re-arrest came just hours after President Donald Trump signed the Laken Riley Act, which will require federal authorities to detain illegal aliens who are accused of crimes, even if they have not been convicted. The bill was named after University of Georgia student Laken Riley, who was killed by an illegal alien from Venezuela while out on a jog. Riley’s killer, an illegal who has since been sentenced to life in prison, had a lengthy criminal record across multiple states before committing the murder.

With the Laken Riley Act now signed into law, illegal aliens charged with non-violent crimes, such as Martinez-Cermeno, will be arrested and scheduled for deportation.

“Under the law I’m signing today, the Department of Homeland Security will be required to detain all illegal aliens who have been arrested for theft, burglary, larceny, shoplifting,” President Trump said during a press conference on Wednesday. “Today’s signing brings us one step closer to eradicating the scourge of migrant crime in our communities once and for all.”

Siegler told ABC 7 Chicago that Martinez-Cermeno’s re-arrest was legal and warranted. “If the [U.S.] Marshals did what they were supposed to do, the guy got released, and then ICE came and got him,” she said. “They are allowed to then come and get him on their detainer. That’s my understanding.”

RELATED: ICE Issues Major Progress Report On Mass Deportations