Biden-appointed U.S. District Judge Amy Baggio has ordered the release of Odalis Jhonatan Martinez-Velasquez, a male illegal alien from Mexico. The decision follows pressure from immigration and transgender activists, according to statements from officials.
Martinez-Velasquez entered the United States illegally in 2023 and was released under the Biden administration. He was detained on June 2, 2025, for expedited removal and placed in a male detention center by ICE, following an executive order aimed at ensuring the safety of women in custody.
Assistant Secretary Tricia McLaughlin stated: “Velasquez—a biological male—was placed in a men’s facility in alignment with the President’s Executive Order and for the safety of women in ICE custody. The President made it clear on Day One: DHS will not buy into radical gender ideology when detaining illegal aliens.”
McLaughlin further emphasized that "an immigration judge, not a district judge," should decide on Martinez-Velasquez's release or detention. She criticized Judge Baggio's decision as undermining ICE's efforts to maintain safe environments for women and subverting public expectations for commonsense immigration policies.
The situation arises amidst existing federal guidelines set by an executive order signed by former President Donald J. Trump on January 20, which prohibits DHS from placing males in women's detention centers.
