A federal judge ruled Tuesday that Immigration and Customs Enforcement must release the mother of a Chicago Public Schools student after she was arrested with her son at a routine check-in earlier this year.
But it remains uncertain when the family may reunite as her son’s legal efforts to be released is still ongoing.
Chief District Judge David J. Hale issued an order releasing Martha Liliana Navarette and 17 other people who have been held without bond in western Kentucky. The judge ruled that they must all be released and, if arrested again, provided with a bond hearing before an immigration judge.
“Today, a Federal Judge in the United States District Court of the Western District of Kentucky ordered the immediate release of Martha Liliana Navarrete (Liliana) thanks to a writ of habeas corpus filed by Brittni Rivera, a partner at Kriezelman, Burton & Associates,” said Kelli Fennell, an attorney representing the family, in a statement. “Now, Liliana can return to her home in Chicago, Illinois and continue to pursue her case before the Chicago Immigration Court.”
“Unfortunately, Ricardo, who is only 18 years old, remains detained,” Fennell added, referring to the son, Ricardo Hernandez Navarette. “His family and community are hopeful they will soon receive a positive decision in his pending habeas.”
A spokesperson for the U.S. Department of Homeland Security did not immediately return a request for comment.
The judge’s ruling is the latest twist in the Navarette family story, as Liliana and her son have been held in ICE custody since March.
Originally from Colombia, Ricardo and his mother came to the United States in 2022, when he was 15 years old. She filed for asylum and that petition remains pending, court records show.
Each of them was taken to Kentucky jails for detention, but the government separated them and has been holding them in different facilities. For two months, the mother and son have had almost zero face-to-face contact, Ricardo recently told the Tribune in an interview from jail.
Attorneys for the mother and son filed habeas corpus petitions in federal court seeking to have them released on bond while their immigration cases play out, a task complicated by the Trump administration’s efforts to hold more immigrants in detention while their cases unfold.
For Navarette, the ruling on Tuesday marks a positive step in her case. But her son’s petition remains pending.
Ricardo, a student at Mather High School in West Ridge, is a well-liked member of the community who also plays soccer with iProSkills Academy, where he is a valued contributor, his coach said. Mather’s soccer team Instagram account said he committed to play for the Truman College soccer team in the fall.
He is currently held in a different jail.
The teen told the Tribune he passes time in detention by reading the Bible and praying for his release.
“I feel depressed. I feel anxious every day,” he said. “But with the hand of God, I know I will be released.”
