Why DHS is still holding Brooklyn man in ICE’s custody despite federal judge’s order to free him

The federal Department of Homeland Security (DHS) is refusing to release a Brooklyn man and East Village church congregant detained by ICE last year over a missed court appointment despite a judge ordering him set free on Tuesday.

Allan Dabrio Marrero was granted bail on Jan. 27 during a Mississippi court hearing. Marrero was detained at 26 Federal Plaza in November, when he and his husband, Matthew Marrero , appeared for a Green Card application. He has since been transferred around the country, including the infamous “Alligator Alcatraz” facility in Florida, before winding up in Mississippi.

It was a long road to the married couple who believed the hard journey had come to an end this past Tuesday when the presiding judge said he would be allowed to return home to New York on $6,000 bail. Members of the East Village’s Middle Collegiate Church, who have supported the Marreros during their battle to stay together, wept with joy after gathering in prayer together to watch the Jan. 27 remote hearing.

However, DHS is reportedly defying the Judge’s orders and is blocking the bond with a formal stay. The agency responsible for the ongoing immigration crackdown in New York, Minnesota, California and other parts of the country has often filed stays when a judge releases a detainee on bond.

amNewYork reached out to DHS for an explanation about the Allan Marrero case, and is awaiting a response.

During Tuesday’s bond hearing, DHS attorneys argued that Allan Marrero should remain detained because he missed a previous court appointment, which was the agency’s original reason to detain him in November. The judge in the case, according to Allan Marrero’s attorney, noted that he has no criminal record and, because he is married to a U.S. citizen, does not consider him a flight risk.

Despite the setback, Matthew Marrero told amNewYork that he will continue fighting for his husband’s release.

“They can try to pause us, but they cannot stop us. My husband is super strong and I’m getting emotional, but he is very strong, and he’s aware of what’s going on,” Matthew Marrero said, who traveled to Mississippi for his husband’s hearing. “I just ask that everybody keep us in your thoughts and your prayers.”

Back in New York members of the couple’s church, Middle Collegiate Church, sat together and prayed for a positive outcome. Photo by Dean Moses

Middle Collegiate Church members learned the news of Allan Marrero’s continued detention on Thursday night, and expressed shock.

“I was absolutely heartbroken. I was shocked when I got the text from Alex, the lawyer, you know, it was eight o’clock at night, and we were still checking in with Matthew, assuming that at any moment we would see a picture, a selfie, of him and Allan reunited. He was set to leave this morning and begin his road trip back home,” Rev. Amanda Hambrick Ashcraft told amNewYork.

The church stated that they have been advised that the “stay” is not unique to Allan Marrero and that it has been happening across the country in ICE detention cases.

Although the “stay” was not targeted, Matthew Marrero stated that he is trying to remain strong, although he is struggling financially with incurred costs as a result of his husband’s detainment. He says he started a GoFundMe account to help pay for expenses.

Despite the rollercoaster of emotion, Reverend Ashcraft says the church believes this is merely a delay and is hopeful that their parishioner will be freed.

“We have pivoted, and we are making a new legal strategy. We have a great legal team that we feel fully confident in,” Ashcraft explained.