Judge Orders Release of Austin Student from Immigration Custody
AUSTIN, Texas — A federal judge has mandated the release of Luis Fernando Cabrera, an 18-year-old student from Austin High School, who had been detained by immigration authorities since early May.
Background on Cabrera’s Immigration Status
Cabrera has resided in the United States since he was 11 years old and is currently awaiting a decision on his asylum application. His situation escalated after he was pulled over by a Texas state trooper while driving home from a late-night shift at Popeyes, just after 2 a.m. on May 1. The stop occurred due to an expired vehicle registration.
Details of the Traffic Stop
During the traffic stop, the trooper was unable to confirm Cabrera’s identity via the Department of Public Safety (DPS) database. Subsequent inquiries revealed that Cabrera was “not lawfully present” in the United States. This prompted the DPS to notify Immigration and Customs Enforcement (ICE), leading to his transfer to federal custody.
Detention at Karnes County Immigration Processing Center
Cabrera was taken to the Karnes County Immigration Processing Center, located southeast of San Antonio. The legal battle surrounding Cabrera’s detention intensified, culminating in a ruling by U.S. District Judge Jason Pulliam, who granted Cabrera’s habeas corpus appeal. The judge ordered his release by May 22.
Community Support for Cabrera
Rep. Greg Casar (D-Austin), a vocal advocate for Cabrera’s release, expressed relief following the ruling. In a statement, he highlighted the importance of community advocacy, noting that Cabrera would soon be able to participate in his graduation instead of remaining in a detention facility.
Department of Homeland Security’s Position
A spokesperson for the Department of Homeland Security (DHS) indicated that Cabrera entered the United States illegally near Eagle Pass on July 28, 2019. According to Cabrera’s lawyer, James Harrington, he undertook a perilous journey from Honduras, motivated by severe persecution and the dire circumstances faced by his family at the time.
Legal Arguments for Release
Following Cabrera’s detention, his legal team argued for his release, stating that continued detention was unnecessary as his asylum case progressed. Harrington emphasized Cabrera’s commitment to supporting his family and pursuing his education, asserting that he posed no flight risk.
