Venezuelan man with TPS detained illegally for two months, separated from young son
Adrian Gil Rojas, a Venezuelan national, holds Temporary Protected Status (TPS) and has been detained at El Valle Detention Center for more than two months. He has a two-year-old son in the United States whose mother witnessed ICE officers illegally arrest Mr. Gil Rojas approximately two months ago, leaving their young son alone and traumatized. Mr. Gil Rojas also served as a trial witness in a murder case in Clinton County, New York, where he testified despite fears of retaliation and helped secure a conviction. He is challenging his detention through a habeas corpus petition, arguing that 8 U.S.C. § 1254a(d)(4) explicitly prohibits detention of individuals with TPS status on the basis of immigration status. The government claims it can detain him based on speculative predictions that his TPS may expire on April 2, 2025, and that a pending motion to reopen his removal case may be denied, but the petition argues this violates the TPS statute's unambiguous prohibition and that his removal is automatically stayed while the motion remains pending.

























