'Dreamer's' lawyers ask court for his immediate release

SEATTLE -- Lawyers for 23-year-old Daniel Ramirez Medina, whose detention has put him at the forefront of a national debate over immigration, have asked a federal court judge in Seattle to release him immediately.

His lawyers filed an emergency motion seeking his immediate release from what they believe is the unlawful detention he has been subjected to for the past 13 days.

"The motion was filed in federal court, the only court with jurisdiction to examine and rule on the substantial constitutional violations that are being raised by this case. The law, and common sense, dictate that this case remain in federal court since Mr. Ramirez is entitled to constitutional protections conferred under DACA and never should have been arrested or detained in the first place. The extraordinary circumstances in which the U.S. government violated Mr. Ramirez’s rights, slandered him in the public mind, and continues to hold him in unlawful detention without any evidence to back up their claims constitutes exceptional circumstances for his immediate release from custody," his lawyers said in statement.

Ramirez is part of the the Deferred Action for Childhood Arrivals program (DACA). The program has protected about 750,000 immigrants since 2012. It allows young people who were brought into the country illegally as children to stay and obtain work permits.

“Our objective all along has been to end this nightmare for a young man whom DHS twice recognized, after thorough background checks, is protected by DACA. Instead of releasing Daniel, ICE is engaging in an all-out smear campaign to brand him in the public mind as a gang member without a shred of evidence that he has ever had any gang affiliation,” said Ethan Dettmer, counsel for Mr. Ramirez and a partner at Gibson Dunn & Crutche, in a statement. “Our first responsibility is to secure his release while the merits of the habeas petition filed on February 13 are presented in court. As a Dreamer, Daniel should never have been arrested and detained by ICE in the first place. As DHS’s own records corroborate, Daniel has no criminal record, no gang affiliation, poses no threat to society, and belongs home with his family and young child.”

He was detained Feb. 10 in Des Moines.

He had a bond hearing scheduled in immigration court on Thursday. But that hearing was canceled.

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