Federal Judge Orders Release of Transgender Migrant from ICE Detention Amid DHS Criticism

The Department of Homeland Security (DHS) has strongly criticized U.S. District Judge Amy Baggio, a Biden appointee, for ordering the release of Odalis Jhonatan Martinez-Velasquez, a transgender Mexican migrant detained in a male ICE facility, citing that the judge ignored legal protocols and promoted "gender ideology fanaticism." Martinez-Velasquez, who entered the U.S. in 2023 and claims asylum after suffering persecution and assault in Mexico, was detained in accordance with President Donald J. Trump's executive order aimed at protecting women in ICE custody by prohibiting males from being held in women's detention centers. Judge Baggio ruled that Martinez-Velasquez was deprived of liberty without proper procedural safeguards and criticized ICE and Homeland Security for misleading and abrupt detention and deportation efforts, calling their actions an abuse of power. DHS contends that an immigration judge, not a district judge, has the authority to decide detention or release and accuses Baggio of yielding to activist pressure, undermining ICE's efforts to maintain safe environments for women detainees. The case highlights ongoing tensions between administration policies, judicial decisions, and debates over the treatment of transgender detainees under U.S. immigration law.