An Ecuadorian man, Edgar Vicente Bermeo Sicha, who sought refuge in the United States, has been ordered released from immigration detention by a federal judge in Maine. Bermeo Sicha had been living in Massachusetts on conditional parole and working as a carpenter before his arrest by Border Patrol agents while traveling to a job site in Maine.
According to U.S. District Judge Stacey Neumann’s order issued on August 29, Bermeo Sicha was detained on July 28 and subsequently transferred through several facilities before ending up at an ICE center in southeast Texas. The court found that his detention violated his constitutional rights because he was arrested prior to having the opportunity for a hearing.
“Since the government suddenly arrested him, Mr. Bermeo Sicha has been detained in at least four different facilities over the course of a month,” Neumann wrote. “At one of those facilities, he slept ‘on a cot on the floor in a small cell with six other men.’”
The judge directed government officials, including U.S. Department of Homeland Security Secretary Kristi Noem and U.S. Customs and Border Protection Commissioner Rodney S. Scott, to release Bermeo Sicha within 48 hours from ICE’s Port Isabel Service Processing Center located in Los Fresnos, Texas.
A status report filed by the government on September 1 confirmed that Bermeo Sicha had been released from ICE custody.
Matthew Morgan, attorney for Bermeo Sicha, commented to the Portland Press Herald: “Judge Neumann’s Order stops the Government’s illegal detention and upholds the right to due process in the District of Maine.”
The Portland Press Herald reported that this is believed to be the first instance where a federal judge in Maine has ordered someone released from immigration detention.
A spokesperson for DHS stated via email to McClatchy News: “any allegations his due process rights were violated are FALSE.” The official added: “He has been released from ICE custody while his immigration proceedings continue. He is required to check-in with ICE regularly.”
Court documents indicate that Bermeo Sicha entered through the southern border in March 2024 and surrendered himself to authorities out of fear of political persecution related to his involvement with Ecuador’s Pachakutik Movement—a party focused on indigenous interests. His family reportedly faced threats; according to Neumann’s order, his father was shot in Ecuador.
After initially being allowed into the country pending an immigration court date set for August 27, Bermeo Sicha was later arrested during a traffic stop involving two co-workers en route to work in Maine. According to legal counsel for Bermeo Sicha, he believed he was arrested because their driver lacked documentation; however, government arguments referenced an alleged failure by Bermeo Sicha to update officials about residing in Massachusetts.
Neumann’s order highlighted discrepancies between reasons given for detention: “The fact that there is a significant factual discrepancy as to the basis for Mr. Bermeo Sicha’s detention highlights the risk of erroneous deprivation without a hearing before an (immigration judge).”
Neumann further wrote: “Although mired in complicated statutory and constitutional issues, ultimately this case presents a straightforward question: Whether due process required the government to give Mr. Bermeo Sicha notice and an opportunity to be heard before it revoked his original release determination and detained him.” She concluded: “For the following reasons, I conclude the Fifth Amendment required as much in Mr. Bermeo Sicha’s case.”
It remains unclear if Bermeo Sicha is still located in Texas as of September 3.
DHS also told McClatchy News that it encourages individuals who are unlawfully present “to self-deport” with incentives such as “$1,000 and a free flight,” warning that those who do not comply “will be arrested and deported without a chance to return.”
Recent polling data indicates shifting public sentiment regarding immigration enforcement practices under recent administrations (https://today.yougov.com/politics/articles/48639-immigration-polling-data-biden-trump). A YouGov survey conducted July 16-18 among over two thousand adults found most respondents believe enforcement efforts have become too harsh during Donald Trump’s presidency.
