A federal judge in Oregon is ordering a Guatemala-born farmworker arrested earlier this month to remain at a detention center in Tacoma, Washington.

But U.S. District Court Judge Karin Immergut acknowledged that the farmworker is seeking asylum from gang violence in Guatemala and ordered a speedy interview for his case.

The man — “L-J-P-L” in court filings — had already been deported twice, in 2009 and 2014. He returned in 2024 and was interviewed by immigration authorities who let him stay at least until a November 2026 hearing.

In her ruling Friday, Immergut disagreed with arguments from L-J-P-L’s attorneys that said he should be free because his new immigration case is already on track, and he’s never missed his required check-ins with U.S. Immigration and Customs Enforcement.

The Trump-appointed judge said she was “bound” by immigration laws that need “long-overdue changes” as she ordered he remain in custody.

“This court has no choice but to conclude that, under existing immigration laws, (L-J-P-L’s) detention is lawful,” Immergut wrote.

Nelly Garcia Orjuela, staff attorney at Innovation Law Lab representing L-J-P-L, expresses disappointment in the judge’s decision.

“We know the right to due process is a fundamental freedom and a cornerstone of our democracy,” she said in a written statement Friday. “Farmworkers make sure we have food on our tables and our economy depends on their labor.”

The U.S. Attorney’s Office in Oregon did not immediately respond to a request for comment.

L-J-P-L was among six farmworkers whose Aug. 7 traffic stop alarmed the agricultural community in the mid-Willamette Valley. The agents stopped the van at 5:30 a.m. as the workers headed to a blueberry farm.

The agents arrested a woman and three men, including L-J-P-L. When they ran his identification, ICE learned he had two alien identification numbers, which is not common. They ordered him to be deported immediately.

The fact he had two IDs was a persistent question during his recent court hearings. U.S. attorneys said it showed that immigration agents didn’t realize L-J-P-L had already been deported twice when they released him from custody with a 2026 court date.

According to court filings, DHS attorneys have asked the immigration court to dismiss his immigration case, as well.

L-J-P-L’s attorneys contended that his legal status can’t suddenly be rewritten, but Immergut ultimately disagreed.

“The Department of Homeland Security has the discretion to reinstate a prior order of removal, and if it does reinstate the order of removal, detention is mandatory,” she wrote.

L-J-P-L filed for asylum earlier this year. He wrote in his application that his brother had been killed by gang violence in Guatemala in 2003, and he worried for his and his family’s safety.

Immergut noted that L-J-P-L was still entitled to a “reasonable fear interview,” where immigration officials screen whether an applicant would in fact face persecution or torture if they return home. She ordered that interview to be conducted by the end of next week.

News Source : https://www.opb.org/article/2025/08/22/guatemala-farmworker-remain-ice-custody/