Federal judge orders bond hearing for DACA recipient detained by ICE

Photo courtesy: ACLU of Nebraska

LINCOLN, Neb. — A federal judge has ordered U.S. Immigration and Customs Enforcement to provide a bond hearing for a Nebraska resident enrolled in the Deferred Action for Childhood Arrivals program or release him from custody.

Joel Angel-Becerril, 27, has been in custody at the Sarpy County Jail since December after ICE placed a hold on him. Immigration officials argue he was not “admitted or paroled” into the United States and does not have a valid entry document.

Angel-Becerril was born in Mexico and came to the United States at age 5. He has lived most of his life in Omaha and maintains active DACA status, which provides temporary protection from deportation and work authorization.

His attorney, Grant Friedman of the American Civil Liberties Union of Nebraska said, “Our client, Joel, is a member of this community, like all of us. He is an immigrant who came to this country as a child and received Deferred Action for Childhood Arrivals.”

Despite that status, Angel-Becerril had not been granted a bond hearing. Friedman argued ICE was misapplying federal law.

“Because the government has decided to erroneously reinterpret the law, violating not only the plain text of the statute, but my client’s right to a hearing regarding his eligibility for bond to be able to be in the community as he has for the past 20 years” Friedman said.

Federal law allows some noncitizens to seek release on bond while their cases proceed, but requires mandatory detention without bond for certain categories of individuals. The dispute in Angel-Becerril’s case centers on which provision applies.

On Tuesday, U.S. District Judge Susan Bazis ruled that Angel-Becerril must receive a bond hearing within seven days. If immigration officials fail to provide one, the order states he must be released.

The judge wrote that Angel-Becerril “is entitled to a bond hearing” and that detention without one is unlawful. The order also notes disagreement with the government’s interpretation of mandatory detention policy.

The case is part of a broader legal dispute over ICE’s detention practices. Friedman previously described it as “part of a broader initiative to unlawfully detain people,” adding that the ACLU is committed to ensuring detainees receive due process.

Angel-Becerril’s brother said the family has struggled during his detention.

“Besides him being there, because it’s all unfair, because the whole system is.” Ángel Ángel Becerril said. “They cannot keep him there without reason, especially when we need him right now.”

Court records indicate Angel-Becerril previously pleaded not guilty to a charge in Douglas County, and that felony case concluded in August.

ICE has not publicly responded to the judge’s ruling, and it is unclear whether the agency plans to appeal.

In a written statement released through his attorneys, Angel-Becerril said he is “grateful for everyone’s support and everyone helping me through these hard times.”