A SAN JOSE TATTOO ARTIST facing U.S. Immigration and Customs Enforcement detention cannot be taken into custody until a federal immigration judge issues a written decision, according to a hearing this week.
Guillermo Medina Reyes, 31, was met with cheers and applause by a group of supporters in front of the Phillip Burton Federal Building and U.S. Courthouse after a judge said she needed two more days to decide whether ICE agents had the legal ability to detain him.
This comes after a drawn-out fight between the federal government on behalf of ICE and the nonprofit Pangea Legal Services on behalf of Medina Reyes. At the center of the case is a court-ordered temporary restraining order that had previously prevented ICE from holding Medina Reyes. The Tuesday hearing was to determine whether ICE had the authority to detain him without a bond hearing taking place beforehand.
The government’s argument is based on the guidelines placed by President Donald Trump’s administration and the Department of Homeland Security. The federal government argued that it was their job to detain and deport migrants who did not have documented status and proved a “threat” to the public.
According to Medina Reyes, he arrived in the U.S. at the age of 6 and has grown up without a clear path for documented status. He said he was previously in ICE custody from 2021 until 2023 and during that time, he became an immigration rights activist by performing hunger strikes and being outspoken about the living conditions in facilities.
ICE officials have stated that Medina Reyes is a public safety risk because of his criminal record. At the age of 16, he was convicted as an adult of attempted murder and eventually went on to complete his sentence and parole.
This year, the Santa Clara County District Attorney’s Office filed charges against Medina Reyes for allegedly committing vandalism by damaging a door frame.
The Pangea Legal Services team disputed ICE’s claims that the federal agency can detain people unilaterally without due process. Pangea immigration attorney Victoria Sun said the government’s attempt to detain Medina Reyes because he has a charge against him was unjust and did not align with the justice system’s principle of innocent until proven guilty.
“We believe an arrest alone is not proof of commission of a crime, and we don’t believe ICE can unilaterally make that decision to revoke someone’s release on bond after they’ve been released by an immigration judge,” said Sun.
His legal team said the immigration court in 2023 determined he was not a risk to the public and would be eligible to remain in the country until further notice. Sun said that ICE could not detain Medina Reyes because his ability to stay in the country was determined by an immigration court and if that circumstances should change, then the courts have the authority to make decisions, not ICE.
Additionally, Sun said the charges from Santa Clara County prosecutors are part of a system that over-criminalizes Black and brown communities, leading to situations where Medina Reyes was arrested while he was allegedly having a mental health crisis.
“We believe that if someone is released by immigration judge that they should be entitled to a hearing before an immigration judge before they can be detained,” said Sun. “The over-criminalization of Black and brown people and immigrants [funnels] people into ICE’s dragnet.”
Dozens of supporters formed a rally outside the federal building with signs, a band playing music, and a series of chants calling for Medina Reyes to remain in the U.S. Before the rally began, a small prayer by Drew Paton of the First Presbyterian Church of Berkeley helped to bring folks together. He emphasized that the gesture was not for a particular religion, but rather a way for people to find connection and strength as they support Medina Reyes.
The Rev. Deborah Lee is the executive co-director of the Interfaith Movement Network for Human Integrity, a theologically diverse coalition of over 300 congregations across the state for that reportedly rally for immigrant justice. She said the group was there to support Medina Reyes because he has been involved with the community and morally it was their duty to help all immigrants under threat.
“It’s immoral to rip people away from their community. Immoral to take people away from a place that they call home, a place where they have safety,” said Lee. “Basically, we’re here to walk with the immigrant community and other targeted communities in their time of need.”
A friend of Medina Reyes who wishes to remain anonymous because he was also previously detained by ICE and fears retaliation said he was out supporting his friend because he wants people to not feel alone.
It’s immoral to rip people away from their community. Immoral to take people away from a place that they call home, a place where they have safety.
Rev. Deborah Lee, executive co-director of the Interfaith Movement Network for Human Integrity
“I share everything he’s been through and now what he’s facing is something that touches my heart. I know how it is to be under the threat of being deported or detained by ICE,” said his friend. “For me, just knowing who Guillermo is as a person, getting to know him out here since his release, I would say that I have learned so much from him. I would say a role model to not only myself, but to like other people who have been impacted by these immigration detentions.”
The friend says immigration detention centers are traumatic for those who enter. He said during his time with Medina Reyes at an ICE facility, they felt extremely isolated and disoriented. According to him, it was extremely difficult to get in touch with people outside and it was harder for people who could not speak English because the immigration system was confusing even for someone like himself who could speak the language.
After the judge said two more days were needed before a final decision would be made, many supporters were pleased but knew that the fight to keep Medina Reyes away from ICE detention was ongoing.
They packed up their guitars and signs, but mentioned to one another that they may need it for the next rally, whether it was for Medina Reyes or another immigrant facing ICE custody.