On a humid Wednesday morning in Brunswick, Georgia, a federal courthouse became the unlikely stage for a high-stakes battle over press freedom, immigration law, and the rights of a journalist whose work has made him both a community fixture and, now, a detainee. Mario Guevara, a 47-year-old Spanish-language journalist and founder of the digital news outlet MG News, sits in an immigration detention center in Folkston, Georgia, while a judge weighs whether he should be released after all criminal charges against him were dropped.
Guevara’s story is a complicated web of legal proceedings, constitutional questions, and personal sacrifice. According to The Associated Press, Guevara was arrested on June 14, 2025, by DeKalb County police while covering a protest near Atlanta. He was livestreaming the event, wearing a protective vest emblazoned with “PRESS.” In the video, he can be heard telling a police officer, “I’m a member of the media, officer.” Within days, DeKalb County prosecutors dismissed all charges related to the protest—including unlawful assembly and obstruction of police.
But the ordeal did not end there. Gwinnett County, which neighbors DeKalb, issued new warrants charging Guevara with reckless driving and other counts. Yet, the county’s solicitor’s office soon declined to prosecute those as well. Despite the collapse of both sets of charges, Guevara was taken into custody by U.S. Immigration and Customs Enforcement (ICE) a few days after his initial arrest and has remained detained ever since.
At the heart of the current legal wrangling is whether Guevara’s continued detention is justified under immigration law—or whether it amounts to punishment for his work as a journalist. His attorneys, led by American Civil Liberties Union lawyer Scarlet Kim, argue the latter. “He is not a danger or a flight risk,” Kim told the court, as reported by The Associated Press. “The real reason for detaining Mr. Guevara is to silence and punish his speech.”
The petition filed by Guevara’s legal team last week asserts that the government is violating his constitutional rights to free speech and due process. It contends that he is being punished for filming police—a lawful act—and is being subjected to unlawful prior restraint because he cannot report while in custody. They are seeking his immediate release from the Folkston detention center, a request that has drawn support from press freedom groups and public officials across Georgia.
On the other side, federal attorneys maintain that Guevara’s detention has nothing to do with his journalism. Assistant U.S. Attorney Woelke Leithart told U.S. Magistrate Judge Benjamin Cheesbro that “Mr. Guevara is not detained for any reason other than his removability” from the United States. Homeland Security officials have said that Guevara was placed in deportation proceedings because he is in the country illegally. However, his lawyers counter that Guevara is authorized to work and remain in the U.S., pointing out that a previous immigration case against him was administratively closed more than a decade ago. They also note that he has a pending visa petition and is eligible for a green card.
Judge Cheesbro, presiding over the hearing about 50 miles from the detention center, pressed both sides on whether there remains a statutory basis for Guevara’s detention, especially now that “any criminal charges Guevara faced have fallen away at this point,” as Leithart conceded in court. The judge also questioned whether he has the authority to intervene while an immigration appeals board considers whether to uphold a $7,500 bond granted last month by an immigration judge—a bond that remains on hold pending the government’s appeal.
Guevara’s journey to this legal crossroads began two decades ago when he fled violence and harassment in his native El Salvador, where he had also worked as a journalist. After arriving in the Atlanta area, he built a significant following as a reporter for the Spanish-language newspaper Mundo Hispanico before launching MG News just a year ago. His reporting often takes him to scenes of ICE operations or other law enforcement activities, typically based on community tips. He is known for his frequent livestreams on social media, providing real-time coverage for Spanish-speaking communities across Georgia and beyond.
The fact that Guevara was arrested while covering a protest—reportedly against the administration of former President Donald Trump—has intensified the outcry from advocates of press freedom. His arrest and continued detention have been decried by journalism organizations and civil liberties groups, who argue that his case sets a dangerous precedent for journalists, especially those from immigrant backgrounds or covering contentious issues.
His family, too, has been vocal in their appeals for his release. Standing outside the courthouse after the hearing, Guevara’s son Oscar told reporters, “That’s not good news or bad news. It’s just more waiting.” He added, “I just want my dad out.” The sentiment echoes the frustration and anxiety felt by many in the local community who see Guevara’s detention as both a personal tragedy and a professional affront.
For now, the legal limbo continues. Judge Cheesbro did not issue a ruling at Wednesday’s hearing, instead giving attorneys on both sides a week to file additional legal briefs. This means that, at least for the immediate future, Guevara remains behind bars—unable to report, unable to see his family, and unable to serve the community that has come to rely on his work.
The case has become something of a litmus test for how the U.S. handles the intersection of immigration enforcement and press freedom. It raises uncomfortable questions: Should a journalist, cleared of criminal wrongdoing, remain in detention simply because of an unresolved immigration status? Does the government’s broad discretion in immigration cases trump concerns about free speech and due process? And what message does this send to other journalists—especially those who are immigrants or cover sensitive topics—about the risks they face for doing their jobs?
As the clock ticks down on the judge’s deadline for additional briefs, supporters of Guevara are left in suspense. The outcome could set important precedents not just for one journalist, but for the broader relationship between the press and the state in a country that often touts its commitment to freedom of expression. For Mario Guevara, the wait continues, but the spotlight on his case has already made it a rallying point for those who believe that the right to report—and to do so without fear of reprisal—is worth defending at all costs.
