A Venezuelan man residing in The Bronx has initiated a hunger strike to oppose his prolonged incarceration, which has now surpassed seven months, despite multiple court mandates for his release. The man, who will remain unnamed due to concerns about possible retaliation, expressed frustration over how immigration authorities have treated him.
“I’ve had no criminal record, yet they’re treating me like I am the worst criminal in the United States,” he recounted in a phone interview from the Orange County Jail in Goshen, N.Y.
He has already secured two bails, but these have been dismissed by authorities, citing unproven claims linking him to the Tren de Aragua gang.
Jose H., the detainee, highlighted his plight during the call. “They are denying me my rights,” he said, underscoring the psychological and emotional toll of his unjust detention.
On January 30, Immigration and Customs Enforcement (ICE) detained Jose H., along with eight other Venezuelan men, during a raid on their rooming house in The Bronx.
The operation, led by eleven agents from Homeland Security Investigations, was initially aimed at capturing an alleged Tren de Aragua member wanted on state charges, but that individual was not found at the location.
Thus began the detention of Jose H., who had no prior criminal history. ICE classified him as a danger to the community based on unfounded claims about his supposed gang affiliation.
In a pivotal ruling on March 18, immigration judge Dara Reid dismissed the government’s assertions as “entirely premised upon an unsubstantiated assertion” and ordered his release with a bond set at $5,000.
However, despite the judge’s ruling, Jose H. remains incarcerated due to an established but controversial federal regulation that allows the Department of Homeland Security (DHS) to administratively block a detainee’s release by merely filing specific paperwork with the court, which does not require them to present justifications.
This practice, labeled “automatic stay,” has been increasingly employed during the second term of President Donald Trump, which has led to a series of habeas corpus lawsuits across federal courts nationwide, as victims of this procedure challenge their detention without due process.
In recent months, federal judges have ruled against ICE in numerous cases, affirming that the agency’s method of employing the automatic stay infringed upon the detainees’ Fifth Amendment rights.
Among the cases was a finding involving six workers detained in a June ICE raid at a Nebraska meat processing facility.
Another case concerned a Minnesota woman who was able to reunite with her young children after a federal judge intervened, highlighting the dire circumstances faced by those in similar situations.
Jose H. eloquently articulated his suffering and the toll it has taken on his mental well-being, beginning his hunger strike on a Monday as a last resort to advocate for his freedom.
He mentioned during a phone call that he had already turned down five meals delivered to his cell, resulting in physical distress that included a headache and stomach pain.
“During my time here, I’ve even contemplated ending my life,” he revealed through a translator, illustrating the severe state of his mental health.
As Jose H. continues to endure his unjust detention, his struggle reflects a broader issue regarding the lengths to which the Trump administration has gone to justify the confinement of individuals who, under previous policies, would likely have been released.
Court documents reveal the anguish caused by the arbitrary power exercised by ICE, perpetuating feelings of despair and fear among those wrongfully detained.
Recognizing the significant trauma faced by many in immigration detention, the American Psychological Association has noted the heightened risk of mental health crises, including PTSD and suicidal thoughts, among detainees.
The tragic consequences of these policies were highlighted by a recent report detailing the death of a detainee from China, who took his own life while held in Pennsylvania.
Jose H.’s harrowing experience has also involved a tumultuous journey to a facility in Texas, where he feared being sent back to El Salvador, before being returned to the Goshen jail.
Concerned about his inability to financially support his 10-year-old daughter back in Venezuela, he expressed doubts about his future and noted that he had received inadequate mental health support during his time in detention.
Despite ICE acknowledging that he possesses no criminal record, he remains incarcerated due to the unsupported claims linking him to the Tren de Aragua gang.
In a prior ruling, Judge Reid found Jose H.’s testimony compelling, countering the flimsy evidence presented by the government.
She pointed out that ICE’s reliance on an I-213 form — presumed reliable by the agency — was inappropriate in light of their unsubstantiated assertions.
ICE, however, subsequently invoked the automatic stay following his release order, seeking to appeal Judge Reid’s decision to the Board of Immigration Appeals.
On May 30, the judge set a new bond amount of $9,500; however, this was also met with immediate action from ICE, who invoked the automatic stay yet again.
This appeal followed a claim from ICE regarding new evidence they failed to submit earlier, including tattoos and social media posts that they contended were indicative of gang affiliation.
Jose H. dismissed these allegations as absurd, insisting that the tattoos and emojis in question have no relation to any gang ties.
Concluding his interview, he noted, “It’s ridiculous to accuse me based on some emojis on TikTok and a few tattoos.”
Judge Reid again rejected ICE’s attempts to bolster its unproven claims and voiced her exasperation with what she described as “shenanigans” on the agency’s part.
She expressed her belief that Jose H.’s due process rights were being violated, and the case was then put on hold while Jose H.’s attorney pursued additional legal options in federal court.
As both cases progress, the Board of Immigration Appeals continues to allow delays in Jose H.’s release.
Despite the judge questioning the duration of his detention under the automatic stay, the situation remains grim for Jose H.
“I don’t know how much longer I can endure this,” he conveyed.
Increasingly fretting about his treatment, he experienced escalated surveillance in his cell, where correctional officers routinely checked for hidden food as part of their policies regarding hunger strikes.
After forgoing meals for 72 hours, ICE protocol mandates that he undergo a medical evaluation, to which he reluctantly complied following intense pressure from authorities.
Jose H. also endured physical mistreatment at the hands of correctional officers, adding to the trauma of an already distressing situation.
Moreover, he faced threats from ICE officers, who warned of potential transfers to distant facilities if he persisted with the hunger strike, only adding to his turmoil and desperation.
His attorney from Brooklyn Defenders, Ilana Herr, emphasized that he had originally been paroled into the United States and had reached out for asylum due to political opposition to the regime in Venezuela.
Jose H. had been contributing to his livelihood through a work permit contracted with a food delivery service prior to his wrongful detention.
As developments surrounding his case continue to unfold, the outlook remains uncertain for Jose H.
His hunger strike represents not just a personal protest but a broader fight for justice within an immigration system that has increasingly advanced policies that are detrimental to individuals like him.
Legal proceedings are ongoing, with a critical video hearing scheduled for Monday regarding his asylum claim, leaving him apprehensive yet hopeful for a resolution.
“As I await my hearing, I don’t know how I will feel by then,” he confessed, underscoring the mental and emotional toll of his days in confinement.
image source from：thecity
