A young Honduran man who a federal judge determined was wrongfully deported earlier this year was released from a detention center in Texas on Friday. He plans to return to Raleigh next week to reunite with family members.
Earlier this year, federal immigration officials detained and swiftly deported Raleigh resident José Eliezer Martinez-Andino, 20, after encountering him while he was on a cross-country trip in search of work as an auto mechanic.
He has Special Immigrant Juvenile Status, a type of legal status that is granted to young people who have been neglected and/or abused by a parent.
"I think he is just really excited to be no longer detained because we all know how difficult the situation has been under this administration, with how difficult it is to get people released," said Allison Chan, Martinez-Andino's attorney.
U.S. District Court Judge Beryl Howell in June ordered the Department of Homeland Security to return Martinez-Andino to the U.S. DHS flew him to McAllen, Texas on Aug. 5, where he was initially held for a few days by Customs and Border Patrol (CBP). Then, Immigration and Customs Enforcement (ICE) detained him for more than a month at the Port Isabel Detention Center.
Martinez-Andino's legal team tried for weeks to get him released on bond as soon as possible. His attorneys eventually reached a settlement with DHS, in which his release was granted in exchange for having the litigation dismissed.
Initially, the lawyers pursued a bond and release for Martinez-Andino. However, they noted that Texas sits under the jurisdiction of the U.S. Court of Appeals Fifth Circuit, and that jurisdiction has made it mandatory to detain individuals like Martinez-Andino – someone who originally entered the U.S. without inspection and has not yet obtained permanent residency, said Hillsborough-based attorney Derrick Hensley.
"We disagree with the government that it can go around picking up kids with Special Immigrant Juvenile Status and deferred action," Hensley said. "They generally think they have that power and that is why they continued to detain him, even though they had the authority to parole him out of detention, to release him under their own authority if they wanted. They could have acknowledged that he had deferred action and respected that and not kept him in detention. … But they chose to ignore those things."
The U.S. Court of Appeals Fourth Circuit, where North Carolina sits, ruled last week that someone in Martinez-Andino's position would not have to face mandatory detention.
Individuals with Special Immigrant Juvenile Status also have a pathway to obtaining a green card, or permanent residency in the U.S. Martinez-Andino's lawyers said that depending on the visa bulletin, a monthly report from the Department of State that determine when visa holders and individuals of other legal status can apply for green cards, he could be eligible to apply for one very soon.
Martinez-Andino is currently staying with a relative in Texas and expects to return to Raleigh by next week, according to Chan. In a previous interview with WUNC News, he said he was very eager to see his young daughter, who was born in the U.S.
"I want to hug my family"
Martinez-Andino previously spoke with WUNC News While preparing to leave Honduras and return to the U.S. following the judge's order for his return, Martinez-Andino spoke with WUNC News and said he’s excited to return home.
The process all happened very quickly. It's been about four months since I was jailed," Martinez-Andino said in Spanish.
During his time in Honduras, Martinez-Andino found temporary work as a mechanic at an auto shop. Since high school, his passion has been working with cars.
"I'd be afraid if (the government) had made it more difficult for me to return," he said. "I'd fear having to stay here longer."
His hometown of Tela is in a region plagued by crime and economic insecurity for working people, he said.
"I want to hug my family, see my daughter again, and get back to work," Martinez-Andino said.
