An Afghan man suffering from brain cancer has been released from federal immigration detention after more than a month. Ihsanullah Garay, 38, was granted bond by an immigration judge in Georgia on October 10, 2023, allowing him to return to his home in Lowell, Massachusetts. His detention stemmed from an incident in September when he mistakenly approached a federal immigration agent for directions, believing him to be a police officer.
Garay’s visa had expired, but he possesses an active work authorization and has no criminal record. His attorney, Hans Bremer, stated that Garay has applied for political asylum. During his time in detention, Garay’s health reportedly declined, with Bremer noting that he exhibited signs of frailty, including slurred speech and difficulty in responding to questions during a recent video hearing. Furthermore, Bremer indicated that Garay experienced more frequent seizures while in custody.
The Department of Homeland Security acknowledged during the bond hearing that Garay posed no danger to the community, which is a critical condition for release. However, the department argued that he represented a high flight risk due to most of his family remaining in Afghanistan. Bremer countered this claim, emphasizing that Garay had consistently attended all immigration hearings and maintained up-to-date paperwork.
“I do think it was a stretch by the Department of Homeland Security,” Bremer remarked. “I don’t think it is a very strong argument, and I think the judge obviously agreed with us.”
Local support for Garay has been vocal. U.S. Congresswoman Lori Trahan, who represents Lowell and parts of eastern Massachusetts, expressed that the country should support families like Garay’s rather than penalize them. “We’re talking about someone who is literally fighting brain cancer while trying to support his family,” Trahan stated.
Garay’s case has drawn attention to the treatment of individuals facing medical challenges within the immigration system. His release marks a significant moment for him and his family as they navigate this difficult period together.
