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The Independent UK
The Independent UK
Alex Woodward

ICE releases Nashville journalist — but First Amendment legal battle is just getting started: ‘The fight is not over’

The arrest of a Nashville journalist who reports on immigration arrests raised alarms among press freedom groups that feared her detention would have a chilling effect on immigrant newsrooms to report without fear of retaliation.

Estefany Rodriguez Florez was released from federal custody Thursday, more than two weeks after she was surrounded by Immigration and Customs Enforcement officers in a gym parking lot.

Her lawyers and a coalition of media groups and press freedom advocates who joined her case are now battling Donald Trump’s administration over alleged “retaliation” in violation of her First Amendment rights.

Lawyers for the Department of Justice argued this week that she has no such constitutional rights.

“The government must uphold press freedom and ensure all journalists can work safely and without reprisal,” said Jose Zamora, regional director of the Americas for the Committee to Protect Journalists.

“While this is a victory for Rodriguez, her free speech rights and the communities she reports for, the fight is not over,” said Nora Benavidez, senior counsel for Free Press.

“We remain troubled by the federal government’s ongoing campaign to silence and deport reporters who cover the administration’s gross mistreatment of immigrants,” she said. “We will continue to fight for Rodríguez and her right to report free from retaliation while we challenge the federal government’s relentless assaults on the First Amendment across this country.”

The Committee to Protect Journalists and Free Press led a coalition of more than 40 groups and media news outlets demanding her release, warning that jailing a journalist who reports critically on the Trump administration’s agenda has “silenced an important on-the-ground perspective” and “sent a chilling message that reporting critical of the administration may face retaliation.”

“Rodriguez’s detention is part of a broader erosion of democratic norms and human rights in the United States in which immigration authorities are increasingly being used to chill free expression and First Amendment rights,” they wrote. “This practice must stop.”

She surrendered her Colombian passport, Real ID and work permit as a condition of her release on $10,000 bond, according to her attorney Mike Holley with Tennessee Immigrant and Refugee Rights.

The legal team is now asking a judge keep her out of ICE custody, without conditions, and issue an injunction against the Trump administration “not to retaliate or take any other similar actions” that chill her constitutional rights, Holley told The Independent.

The legal team will continue to challenge her “warrantless arrest and retaliation for her exercise of First Amendment rights” as her legal battle continues,” according to Holley.

Press freedom groups are joining a legal battle alleging the Trump administration illegally retaliated against Rodriguez Florez in violation of her First Amendment rights — which DOJ says she is not entitled to (Nashville Noticas)

Rodriguez Florez legally entered the U.S. on a tourist visa in 2021 and is married to a U.S. citizen. She has a seven-year-old daughter.

She applied for asylum after fleeing threats against her as a journalist in her native Colombia, and she also has applied for a green card for lawful permanent status after marrying her husband Alejandro Medina.

With a work permit, Rodriguez Florez reported for Nashville Noticias on the state of the Trump administration’s “immigration nightmare,” her attorneys wrote in court filings.

Immigration and Customs Enforcement officers stopped her in Nashville on March 4, days after she reported on a local raid.

Court filings allege a harrowing two-week period that saw her transferred to a county jail in Alabama, where officers allegedly kept her in isolation and forced to strip naked as officers poured “some kind of chemical liquid” on her head.

She was then moved to an ICE detention center in Louisiana before she was released Thursday.

A spokesperson for Homeland Security told The Independent that her tourist visa expired the year she entered the U.S., and “in violation of our nation’s laws, she never departed.”

“DHS will continue to fight [for] the arrest, detention and removal of illegal aliens with no right to be in this country,” the spokesperson said.

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