Free Press, CPJ Sound Alarm as Journalist Mario Guevara Faces Deportation for His Reporting

WASHINGTON — Free Press and the Committee to Protect Journalists express deep concern after a U.S. Appeals Court rejected a motion for stay of removal in the case of Mario Guevara, meaning that the journalist could now be deported back to his native El Salvador where he faces an uncertain future. 

In a decision published Wednesday, the court affirmed Guevara’s First Amendment rights, but cited his failure to file certain immigration documents as the reason for denying Guevara’s motion for stay of his removal. 

“Mario Guevara should not be deported back to El Salvador. Today’s appeals court decision reaffirmed his First Amendment rights to record law enforcement activity, a statement seemingly at odds with the Bureau of Immigration Appeals decision that facilitated Guevara’s prolonged detention,” said CPJ U.S., Canada, and Caribbean Program Coordinator Katherine Jacobsen. “Law enforcement initially detained Guevara in connection with his reporting and continued to hold him in custody based on the argument that his livestreaming activities pose a danger to law enforcement. This should send chills to all reporters and individuals who livestream. It is vital that Guevara not be removed from the United States.” 

“Free Press condemns the imminent removal of award-winning journalist Mario Guevara from the United States,” said Nora Benavidez, senior counsel at Free Press. “His case is emblematic of this administration’s repeated acts of retaliation against dissent — targeting immigrants, students, law firms, universities, media outlets and independent journalists. The fight for Mario doesn’t end with his deportation; it will go on until he is free to return to the United States and continue his important work.”

On September 19, the Board of Immigration Appeals reopened Guevara’s 13-year-old immigration case, declining to release him on bond. This move came after the American Civil Liberties Union on August 21 filed a habeas petition stating that Guevara is being detained primarily on the basis of his journalism, and this continued detention is a violation of his First and Fifth Amendment rights. A coalition of over three dozen press freedom and human rights organizations called for his release, and a group of more than 100 prominent writers, journalists and scholars have also called for Guevara to be freed.

An Emmy-winning, Spanish-language reporter who covers immigration, Guevara was arrested June 14 after livestreaming an Atlanta metro area #NoKings protest against the Trump administration’s policies, and the federal government argued to continue Guevara’s detention on grounds that his filming of law enforcement activities created a risk to public safety.

For a full chronology of events in Guevara’s case, see CPJ’s timeline.