Judge Orders Release of Venezuelan Detained During Skowhegan Operation

A federal judge has ordered the release of a Venezuelan national who was detained during a U.S. Border Patrol operation targeting agricultural workers in Skowhegan, Maine. U.S. District Judge Stacey D. Neumann ruled late Wednesday that the individual, identified only by the initials B.A.R., must be freed from a U.S. Customs and Border Protection (CBP) facility in Fort Fairfield by 9:30 p.m. on Wednesday, extending the deadline to 12:30 a.m. Thursday.

Neumann’s decision comes after a petition for a writ of habeas corpus was filed by B.A.R.’s attorney, Jenny Beverly of Haven Immigration Law in Portland. The petition challenged the legality of B.A.R.’s detention, highlighting a broader trend of similar cases amid increased immigration enforcement in the region. The judge has mandated a bond hearing for B.A.R. within 30 days, during which he cannot be detained by the federal government.

The U.S. attorney’s office in Maine responded to the petition, acknowledging that several judges in the state had ruled favorably in similar cases against Department of Homeland Security officials. Assistant U.S. Attorney Andrew Lizotte noted that the federal position is that B.A.R. must remain detained while awaiting removal proceedings but did not provide substantial arguments against the release.

Neumann pointed out that the government had not presented any new facts or legal arguments to differentiate B.A.R.’s situation from past rulings in favor of other petitioners. This ruling reflects growing concerns over the treatment of individuals in immigration detention, particularly following the recent surge in enforcement operations dubbed “Operation Catch of the Day.”

This operation reportedly led to the arrests of more than 200 individuals in Maine. Legal representatives across the country have raised alarms about the lack of bond hearings being granted to those detained under similar circumstances.

B.A.R. entered the United States in September 2023, and shortly thereafter, he was detained by Homeland Security. Initially classified as an “unaccompanied alien child,” B.A.R. was transferred to the Office of Refugee Resettlement and released in December 2023. The government challenges his status, indicating he is currently over 18 years old, although Beverly has refrained from disclosing his exact age.

The events leading to B.A.R.’s detention unfolded on Tuesday when CBP agents halted a bus transporting workers from a former motel in Skowhegan to Backyard Farms greenhouses in Madison. The operation, which took approximately 40 minutes, led to the detention of all 17 workers on the bus.

Donn Poland, the owner of the bus company involved, confirmed that the workers were being transported on behalf of a Michigan-based contractor, Martinez and Sons. He noted that these workers, who possess H-2A visas for temporary agricultural work, were not Backyard Farms employees. A spokesperson for Backyard Farms’ parent company, Mastronardi Produce Ltd., clarified that those who did not report for work were not affiliated with the company.

In a statement regarding the operation, U.S. Senator Susan Collins emphasized that the recent detentions should not be interpreted as a renewed wave of enforcement in Maine. Collins indicated that the operation was part of ongoing targeted efforts rather than a return to enhanced enforcement measures previously conducted by Immigration and Customs Enforcement (ICE).

As the legal proceedings unfold, the public and advocacy groups will be closely monitoring the implications of this case, which highlights the complexities and challenges surrounding immigration enforcement in the United States. The U.S. attorney’s office is expected to provide a status update on B.A.R.’s case within 45 days, further shaping the legal landscape for immigration detention policies in Maine.