The ruling comes after the Minnesota father and son were taken into custody Jan. 20 during a broad federal immigration operation, sparking national attention.
DILLEY, Texas — A federal judge has ordered the release of a 5-year-old Minnesota boy and his father from federal immigration custody in South Texas, according to court documents obtained by KENS 5, ending days of legal wrangling and widespread public outcry over their detention.
The order issued by U.S. District Court Judge Fred Biery grants an emergency habeas petition on behalf of Adrian Conejo Arias and his son Liam, whose photo showing him with federal authorities while wearing a bunny hat went viral this month. The judge directed federal officials to release the pair from custody no later than Tuesday, Feb. 3, the document states.
The decision also prohibits any removal or transfer of Liam and his father until the court’s order takes effect and requires the government to notify the family’s attorney of the location and timing of their release at least two hours in advance.
The ruling comes after the pair were taken into custody Jan. 20 in Columbia Heights, Minnesota during a broad federal immigration operation, sparking national attention and protests. Federal officials transferred the father and son to the South Texas Family Residential Center in Dilley, Texas, where they have been held despite their active asylum claim.
The case drew intense criticism from lawmakers and immigrant rights activists, including U.S. Rep. Joaquin Castro, who visited Liam and his father at the Dilley facility and called for their immediate release amid concerns about the child’s health and welfare. Protests erupted outside the detention center and in cities nationwide.
In his written opinion, Biery said the government’s handling of the case raised serious constitutional concerns. The order also states that if the father and son are re-detained under federal immigration law, they must be afforded proper procedures, including a bond hearing.
The Department of Homeland Security and Immigration and Customs Enforcement have previously defended the detention, with DHS saying the father was apprehended during an immigration enforcement action and that officials did not target the child.
The case remains technically open until the government files a status report confirming the release of the petitioners, as required by the court order.