Saturday

06-21-2025 Vol 1998

Kary Diaz Martinez Released from ICE Custody Amid Ongoing Fears of Re-arrest

Kary Diaz Martinez walked out of the Immigration and Customs Enforcement (ICE) field office in Burlington shortly after 8 p.m. on Tuesday, greeted by her husband, Wiliz de Leon, who held a bouquet of flowers and balloons.

The emotional reunion marked the end of a challenging ordeal for the 29-year-old mother of two, who had spent over two weeks in detention following her arrest by federal agents at a Boston Immigration Court.

Video footage recorded by de Leon’s daughter and shared with WBUR captured the deeply emotional moment as he kissed his wife and embraced her, both of them visibly overwhelmed with emotion.

They turned away from the building where Kary had faced numerous difficulties, including conditions described by lawyers as “abysmal” and “unsanitary.”

Kary’s release comes amid a surge in immigration enforcement across the nation, with nearly 1,500 arrests reported by ICE in Massachusetts alone in May.

Many of those arrested, like Kary, were detained immediately after scheduled immigration hearings concerning their legal status in the U.S.

While the federal judge ruled that Kary’s detainment was unlawful, concerns remain about her future and the possibility of renewed ICE arrests.

“She is incredibly relieved to be home with her family where she belongs, but she’s also terrified,” stated Sarah Sherman-Stokes, Kary’s lawyer.

Sherman-Stokes communicated with Kary late Tuesday night and with Wiliz the following morning, revealing that Kary was frightened to leave their home.

“Her husband says that she’s scared to leave the house,” she explained.

Kary’s journey to the U.S. had begun after she escaped an abusive relationship in the Dominican Republic. In April 2024, she crossed the southern border with the hopes of starting a new life with Wiliz in Rhode Island.

In a sworn affidavit, Wiliz recounted how they fell in love years ago while he was visiting family in the Dominican Republic, managing to maintain a long-distance relationship that eventually led to their life together in the U.S.

Upon her entry, Customs and Border Protection initially detained Kary overnight but allowed her to go the next day, deeming her not a danger to the community or a flight risk.

Sherman-Stokes revealed that Kary was released on her own recognizance, with only the obligation to attend her immigration court hearing scheduled for June 3, 2025.

On that date, during her Boston hearing, the federal government filed a motion to dismiss her case.

Immigration lawyers have noted this trend, observing that dismissing cases makes it easier for the federal government to swiftly deport individuals like Kary.

Despite the government’s offer to dismiss her case, Kary chose to pursue her options for applying for asylum or a green card, and the judge continued her case to a later date.

However, as Kary exited the courtroom, she was taken into custody by several plain-clothed ICE agents. Sherman-Stokes reported that Kary entered a state of distress in the hallway, shaking and sobbing uncontrollably.

Medics were called, and she was escorted to Massachusetts General Hospital while still in ICE custody.

After a few hours, Kary was transported to the ICE field office in Burlington, which has increasingly become a temporary holding facility for arrested immigrants despite not being designed for long-term detention.

Lawyers describe the conditions at this facility as harsh, with holding rooms that lack basic necessities, such as beds and privacy. The constant lighting, temperature extremes, and limited food contribute to a dehumanizing experience, as evidenced by the accounts of other detainees like 18-year-old Milton high schooler Marcelo Gomes Da Silva.

ICE contends that the Burlington facility is equipped to handle short stays and ensures detainees have access to food, medical care, and legal representation. Yet Sherman-Stokes recounted that during Kary’s nine-day stay in Burlington, she did not receive a shower and frequently suffered from hunger.

Kary was later moved to a federal detention center in Vermont, one of the few facilities in New England that can accommodate women, where she reported improved conditions, including access to a bed, showers, and clean clothes.

On Tuesday afternoon, federal judge Brian E. Murphy ordered Kary’s release, citing the lack of a lawful basis for her detention.

After being transported back from Vermont, Kary was finally released to her family around 8 p.m.

Sherman-Stokes conveyed Kary’s mixed feelings: “She’s home, she’s with her family, she’s with her loved ones. She’s so relieved. But even her husband is asking, ‘What if there’s a raid? What if they come to our house? What if they stop her on the street? Isn’t there something to protect her from this happening again?'”

Unfortunately, there is no surefire way to guarantee Kary’s protection from ICE re-arrest. As Sherman-Stokes explained, Kary could carry the judge’s federal court order that deemed her detention unlawful, but it may not safeguard her from further enforcement actions by ICE.

“This is a completely unprecedented time,” she remarked, underscoring the unpredictability and fear facing Kary and many other immigrants amidst heightened enforcement activities.

image source from:wbur

Abigail Harper