Afghan Man with Brain Cancer Released from Immigration Detention

An Afghan man diagnosed with brain cancer has been released from federal immigration detention after more than a month. Ihsanullah Garay, 38, received bond from an immigration judge in Georgia on Tuesday and is now returning to his home in Lowell, Massachusetts.

Garay was apprehended in September after seeking directions from an individual he believed to be a police officer, who was in fact a federal immigration agent. His student visa had expired, but according to his attorney, Hans Bremer, Garay possesses an active work authorization and has no criminal record. Furthermore, Garay has filed for political asylum in the United States.

During his time in custody, Garay’s health reportedly deteriorated. In a recent court hearing conducted via video, Bremer noted that Garay appeared frail, exhibited slurred speech, and struggled to respond to the judge’s inquiries. The attorney also mentioned that Garay suffered an increase in seizure frequency while detained.

The Department of Homeland Security (DHS) acknowledged during the bond hearing that Garay was not a danger to the community, which is a critical factor for release on bond. Nevertheless, DHS argued that Garay posed a high flight risk due to the majority of his family remaining in Afghanistan. Bremer countered this claim, asserting that Garay had consistently attended all immigration hearings and maintained updated paperwork.

“I do think it was a stretch by the Department of Homeland Security,” Bremer stated. “I don’t think it is a very strong argument, and I think the judge obviously agreed with us.”

In response to Garay’s situation, U.S. Congresswoman Lori Trahan, who represents Lowell and parts of eastern Massachusetts, emphasized the need for compassion towards families like Garay’s. “We’re talking about someone who is literally fighting brain cancer while trying to support his family,” Trahan remarked, underscoring the importance of supporting those in difficult circumstances rather than punishing them.

Garay’s release highlights ongoing debates surrounding immigration policies, particularly as they impact vulnerable individuals facing health crises. The case has drawn attention to the intersection of health, immigration, and human rights, raising questions about how the U.S. immigration system addresses the needs of those suffering from severe medical conditions.

As Garay returns home, he faces the dual challenges of managing his health and navigating the complexities of his immigration status. His experience sheds light on the urgent need for reforms that prioritize humanitarian considerations in immigration enforcement.