A Venezuelan migrant whose detention by Immigration and Customs Enforcement (ICE) sparked a near-2,000-person protest in Spokane, Washington, has been released after seven months in custody following a federal judge's finding that his detention violated due process.
Who: Joswar Torres, 29, a Venezuelan national with humanitarian parole and a pending asylum application.
What happened: Torres was detained in June 2025 after a routine check-in at a Department of Homeland Security (DHS) office in Spokane. His arrest prompted a large protest — many demonstrators linked arms to block an ICE transport taking Torres and another migrant to Tacoma. The demonstration at times turned heated: a government vehicle sustained a smashed windshield and a slashed tire, and about 30 people were arrested.
Judge Finds Abuse Of Discretion, Orders Release
U.S. District Judge James Robart ruled that DHS officials failed to consider Torres's individualized circumstances before detaining him, calling the arrest an "abuse of DHS discretion" and a violation of statutory limits on agency action. The judge emphasized that "all persons, regardless of their immigration status, are entitled to due process under the Fifth Amendment."
Legal And Political Fallout
About a month after the protest, federal prosecutors charged nine demonstrators with conspiracy — an unusual step that prompted controversy. Richard Barker, the acting U.S. attorney for eastern Washington and a career Justice Department prosecutor, resigned rather than sign the indictments, saying, "No one was hurt... [they] were executing their rights to free speech."
Among those charged is Bajun Mavalwalla, an Afghanistan war veteran who faces up to six years in prison if convicted; he has pleaded not guilty and intends to take the case to trial. Ben Stuckart, the former Spokane city council president who publicly called for the protest, pleaded guilty in December to felony conspiracy to impede or injure a federal officer and received 18 months' probation under a deal that includes potential incarceration if he violates the terms.
Community Response And Conditions In Detention
Supporters say publicity from the protest and a community legal fund helped secure Torres's release. Stuckart posted a photo of Torres with a birthday cake after his release and thanked the thousands who protested and the more than 500 contributors to the legal defense fund. Torres said he thanked "God for allowing me to be free" and urged continued support for immigrants.
Stuckart described Torres's time at ICE's Tacoma facility as difficult, reporting long delays for medical care and poor-quality meals; DHS assistant secretary Tricia McLaughlin responded that detainees are provided three meals a day, clean water, clothing, bedding, showers, toiletries, phone access and medical care, including emergency services.
Broader Context: Habeas Petitions And Detention Policy
The case comes amid a nationwide surge in habeas corpus petitions challenging detentions. A national database shows more than 17,000 habeas petitions filed in federal court during the second Trump administration, and more than 300 federal judges have ruled against efforts to detain people with pending deportation proceedings in many cases, ordering release or bond hearings in over 1,600 matters, according to reporting.
Justice Department attorneys had argued federal courts lacked authority to review Torres's habeas petition; immigration lawyers say that argument is frequently raised and usually rejected. Attorneys representing Torres and other detainees have increasingly relied on habeas petitions to secure court review and release.
What’s Next
Torres is now free, his asylum case remains pending, and his supporters continue to advocate for others they say are wrongfully detained. Meanwhile, the Justice Department continues to pursue criminal charges against demonstrators, and Mavalwalla's conspiracy trial remains scheduled in Spokane.
Note: This article preserves reported statements from DHS officials, local advocates and court documents. Dates and legal actions are reported as described in source accounts.
