Afghan Man Battling Cancer Released from Immigration Detention

An Afghan man diagnosed with brain cancer, Ihsanullah Garay, has been released from federal immigration detention after spending over a month in custody. A judge in Georgia granted his bond on October 3, 2023, paving the way for Garay’s return to his home in Lowell, Massachusetts.

Garay, 38, faced detention after a September incident in which he asked for directions from an individual he believed to be a police officer, who was actually a federal immigration agent. His student visa had expired, but according to his lawyer, Hans Bremer, Garay possesses an active work authorization and has no criminal record. Bremer also noted that Garay is seeking political asylum.

During his time in detention, Garay’s health reportedly declined. In a recent court hearing held via video, Bremer described his client as appearing frail, with slurred speech and difficulty answering the judge’s questions. Garay experienced increased frequency of seizures while in custody, raising concerns about his well-being.

The Department of Homeland Security acknowledged during the bond hearing that Garay did not pose a danger to the community, a key factor for bond eligibility. However, officials argued that he represented a high flight risk due to most of his family being in Afghanistan. Bremer challenged this assertion, citing Garay’s attendance at all immigration hearings and the status of his paperwork as up to date.

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

U.S. Congresswoman Lori Trahan, who represents Lowell and surrounding areas, voiced her support for Garay, emphasizing that the focus should be on supporting families like his rather than penalizing them. “We’re talking about someone who is literally fighting brain cancer while trying to support his family,” Trahan remarked.

Garay’s release highlights ongoing discussions about immigration policies in the United States, particularly concerning individuals facing serious health challenges. As he returns home, the community in Lowell is likely to rally around him, providing support during this difficult time.