Afghan Man with Brain Cancer Released from Immigration Detention

An Afghan man suffering from brain cancer has been released from federal immigration detention after more than a month of confinement. Ihsanullah Garay, 38, received a bond from an immigration judge in Georgia, allowing him to return to his home in Lowell, Massachusetts. His release comes amid concerns about his health, which has significantly worsened during his time in custody.

Garay was detained in September after mistakenly asking for directions from an individual he believed was a police officer, who turned out to be a federal immigration agent. His student visa had expired, yet his attorney, Hans Bremer, has stated that Garay holds an active work authorization and has no criminal record. Furthermore, Garay has applied for political asylum in the United States.

During a recent court hearing conducted via video, Garay appeared frail, struggling with slurred speech and difficulty in responding to the judge’s inquiries. According to Bremer, Garay experienced increased seizures while in detention, prompting urgent calls for his release.

The Department of Homeland Security conceded during the bond hearing that Garay posed no danger to the community, a critical factor for release. However, the department expressed concerns regarding his flight risk, citing that most of his family remains in Afghanistan. Bremer countered this argument, highlighting Garay’s consistent attendance at all immigration hearings and the fact that his paperwork was current.

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

Support for Garay has come from various quarters, including U.S. Congresswoman Lori Trahan, who represents Lowell and surrounding areas. Trahan emphasized the need for the United States to support families like Garay’s rather than subject them to punitive measures. “We’re talking about someone who is literally fighting brain cancer while trying to support his family,” she remarked.

The case highlights ongoing issues within the immigration system, particularly regarding the treatment of vulnerable individuals facing health challenges. Garay’s release marks a significant step in his battle, allowing him to focus on his health and family as he navigates his asylum application and continues treatment for his serious medical condition.