The Department of Homeland Security (DHS) has expressed strong criticism toward a federal judge in Washington for releasing transgender immigrants from detention, claiming it reflects the influence of activist pressures on the judiciary.
DHS Deputy Chief Tricia McLaughlin specifically targeted U.S. District Judge Amy Baguio, an appointee of President Joe Biden. She accused Baguio of endorsing what she termed “gender ideological fanaticism” by sidestepping legal protocols in the release of illegal immigrants, particularly transgender women seeking asylum in the U.S.
One case highlighted was that of a man from Mexico, identified by the DHS as “Odalis Jhonatan Martinez-Velasquez,” who entered the United States in 2023 and was released under the current administration.
Martinez-Velasquez was detained on June 2 and placed in a men’s detention facility to ensure the safety of women, aligning with an executive order signed by former President Donald Trump. This was part of a broader initiative intended to protect women in detention.
Despite being processed for expedited removal, Judge Baguio ruled this week that Martinez-Velasquez was released without adequate legal safeguards for asylum seekers. McLaughlin argued that “activist judges” are disregarding biological realities and undermining the ICE’s commitment to safety and order in detention settings.
She emphasized that it should be the immigration judge, not the district judge, who decides on the release or continued detention of cases like Martinez-Velasquez’s.
On his first day in office, President Trump issued an executive order meant to counteract what he saw as extreme gender ideology within federal policies regarding immigration.
Martinez-Velasquez claims he fled to the U.S. after facing rape accusations from a member of a Mexican cartel. His arrest occurred during a court appearance in Portland last month, leading to his transfer to the Northwest ICE Processing Center in Tacoma, Washington, where he remained for over 40 days after a judge approved the dismissal of his asylum request.
A nonprofit organization, Innovation Law Lab, which represents him, criticized the decision to house Martinez-Velasquez in a men’s facility. They filed a habeas corpus petition challenging the legality of his detention, indicating that immigrants often lack access to their legal status and whereabouts after being detained.
The judge found that ICE’s failure to provide timely information about detainees violated basic fairness principles and questioned the necessity of his immediate detention.
Stephen Manning, an immigration lawyer for Martinez-Velasquez, pointed out that despite the legal complexities, his client had not committed any crimes in the U.S. and had been compliant with check-ins at the ICE office.
Oregon’s Sanctuary Law restricts long-term immigration detention facilities, leaving the Tacoma facility as the nearest option outside of the temporary holding cells in Portland.
