Federal Judge Orders Release of Venezuelan Immigrant Held by ICE

Judge threatens to sanction U.S. Attorney over "ill-informed" arguments in immigration detentions

Jan. 28, 2026 at 5:23pm

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A federal judge in Florida has ordered the release of a Venezuelan woman from ICE custody, the second such case in a week, as he threatened to sanction the U.S. Attorney's office over "ill-informed" arguments made in court regarding the unlawful detention of immigrants who were not charged with crimes or facing valid removal orders.

Why it matters

This case highlights growing concerns over the Trump administration's aggressive immigration enforcement tactics, with the judge accusing federal prosecutors of knowingly making flimsy legal arguments to justify the detention of immigrants. The rulings could set a precedent for challenging similar detentions across the state and country.

The details

The judge, appointed by President Obama, released Daniela Guaiquire, a 30-year-old Venezuelan asylum seeker, after she was arrested earlier this month on seemingly dubious circumstances despite having a social security number, Florida driver's license, and employment authorization. The judge had previously ordered the release of another Venezuelan immigrant, Javier Gimenez-Rivero, a 20-year-old who had been in the country for four years without a removal order or local criminal charges. In that case, the judge accused federal prosecutors of using the wrong statute to justify the detention and threatened to sanction them for making "ill-informed" arguments.

  • On January 20, Daniela Guaiquire was arrested by U.S. Customs and Border Protection.
  • On January 25, the judge ordered Guaiquire's release from ICE custody.
  • On January 7, Javier Gimenez-Rivero was arrested by federal authorities.
  • On January 20, the judge ordered Gimenez-Rivero's release from ICE custody.
  • The judge has ordered the U.S. Attorney's office to respond by February 9 on why they should not be sanctioned.

The players

U.S. District Judge Roy "Skip" Dalton

A federal judge appointed by President Barack Obama who has ordered the release of two Venezuelan immigrants from ICE custody and threatened to sanction the U.S. Attorney's office over "ill-informed" legal arguments.

Daniela Guaiquire

A 30-year-old Venezuelan woman who was released from ICE custody after being arrested on seemingly dubious circumstances despite having valid documentation to be in the country.

Javier Gimenez-Rivero

A 20-year-old Venezuelan immigrant who had been in the country for four years without a removal order or local criminal charges, but was detained by federal authorities until the judge ordered his release.

Josephine Arroyo

An attorney with the Arroyo Law Firm, which represented both Guaiquire and Gimenez-Rivero and has filed petitions seeking to free several more clients from federal detention.

Gregory Kehoe

The U.S. Attorney for the Middle District of Florida, whose office was accused by the judge of making "ill-informed" legal arguments to justify the detention of immigrants.

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What they’re saying

“In this country, we don't enforce the law by breaking the law.”

— U.S. District Judge Roy "Skip" Dalton (Bellingham Herald)

“When the government cuts corners, we don't stay quiet - we go to federal court and force accountability. ... To our client and family: you were heard. To anyone being unlawfully detained: there is hope.”

— Josephine Arroyo, Attorney, Arroyo Law Firm (Instagram)

What’s next

The judge has ordered the U.S. Attorney's office to respond by February 9 on why they should not be sanctioned for their "ill-informed" legal arguments in the immigration detention cases.

The takeaway

This case highlights the growing tension between aggressive federal immigration enforcement tactics and the rights of immigrants, with a federal judge pushing back against what he sees as unlawful detentions. The rulings could embolden challenges to similar practices across the country and force the government to more carefully justify its actions in court.