Judge Stacey D. Neumann, of the Federal Court of Maine, ordered the immediate release of Juliana Milena Ojeda-Montoya, the Colombian woman who was arrested by immigration agents in Fitchburg (Massachusetts) in the middle of an operation recorded on video that sparked criticism throughout the country. The judge concluded that her arrest was carried out without a court hearing and therefore violated her constitutional right to due process. The case gained notoriety after footage of the arrest showed her husband, Carlos Sebastian Zapata, collapsing in front of their young daughter as officers attempted to handcuff Ojeda-Montoya. The scene, which occurred on November 6, was widely shared on social media and described by witnesses as chaotic and traumatic. According to boston.com, in her ruling, Neumann ordered the woman's immediate release and gave the parties until November 14 to submit their arguments regarding the possible application of the Laken Riley Act, a law that requires the detention of immigrants accused of violent crimes or theft. The judge noted that, although Ojeda-Montoya faces state charges for an altercation with a coworker, in which she allegedly attacked her with scissors, those charges do not automatically trigger the law. The ruling also considered humanitarian factors. The judge highlighted that Ojeda-Montoya “has a nursing daughter” and a husband who suffered “an acute medical episode” during the ICE intervention, which, she wrote, constitutes an extraordinary circumstance justifying her release. Accusations and Government Response The Department of Homeland Security (DHS) defended the operation, stating that the woman was detained due to her previous arrest in August and accused Zapata of faking the medical emergency. In a message posted on X, the agency wrote: “Imagine faking a seizure to help a criminal escape justice.” Zapata, however, offered a different version to The Boston Globe.She claimed she lost consciousness after feeling pressure on her neck from the agents, which caused her to have actual seizures. Both migrated to the United States in 2023, and according to the court file, Ojeda-Montoya already had work authorization and a pending asylum application when she was arrested.

Reactions and consequences

Attorney Max Brooks of the ACLU of Maine celebrated the ruling, considering it an acknowledgment of the violations committed by ICE. In a statement, he said that Juliana “was finally able to reunite with her daughter” and that the case demonstrates the need to strengthen due process in immigration arrests.

Ojeda-Montoya will remain under supervision while her asylum process proceeds. Her case has become a symbol of the treatment undocumented immigrants receive and the legal limits of administrative detentions.