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NJ immigrant at the center of Delaney Hall protests released from ICE custody
By
Michael Sol Warren
and
Arya Sundaram
Published Oct 7, 2026
Modified Oct 13, 2026 at 10:31 a.m. ET
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Jill Webb / Gothamist
By
Michael Sol Warren
and
Arya Sundaram
Published Oct 7, 2026
Modified Oct 13, 2026 at 10:31 a.m. ET
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A Peruvian man at the heart of the summer’s protests inside and outside of the Delaney Hall federal immigration detention center in Newark was released from U.S. Immigration and Customs Enforcement's custody on Tuesday night.
Martin Soto’s release followed an order by U.S. District Court Judge Jamel Semper, who cited the conditions of Soto’s confinement, the length of his over 200-day detention in Delaney Hall and later the Elizabeth Detention Center, and concern for his mental health.
Videos and photos posted to social media showed Soto's emotional reunion with his wife, Gabriela Soto, and their two children outside of the Elizabeth Detention Center.
“I am so happy Martin is finally being released from ICE custody,” Gabriela Soto said in a statement released by Rep. Nellie Pou, a Democrat who represents Kearny and has joined calls to shut down ICE detention centers.
In his order, Semper wrote that he based his decision on the length and conditions of Martin Soto’s detention, Soto’s reported risk of self-harm, and an absence of sufficient reason to justify Soto’s continued detention on constitutional grounds.
Semper issued the order after agreeing in September to reopen Soto's case, citing the "seriousness" of allegations about Soto's mental health. The judge had initially denied and closed Soto's case in June. The order indicated a full written opinion would be issued later.
An ICE spokesperson criticized Semper as an activist judge appointed by former President Joe Biden, but said Soto would receive due process. The spokesperson also said Soto was “currently” facing a charge of assault in Kearny, New Jersey that he’d been facing at the time of his February arrest by ICE, but court records from his federal habeas corpus case indicate that charge was dropped.
Neither Immigration and Customs Enforcement nor the Department of Homeland Security, which oversees ICE, immediately responded to requests for comment. Semper’s order states that ICE was allowed to place “reasonable conditions” on the release.
Selenia Destefani, Soto’s immigration lawyer, said Soto was held in solitary confinement for four months, from mid-May to mid-September. She alleged Soto was held in solitary confinement as retaliation for his participation in a hunger and labor strike at Delaney Hall, and that lawyers for the federal government denied that he was being held in solitary.
“He had suicidal thoughts before being taken out of solitary confinement on Sept. 22,” Destefani told Gothamist, adding that he wasn’t able to physically visit with anyone during that time. “ Any person, even in the best mental state, would start thinking about suicide, you know, ending this because he didn't see a way out.”
Destefani said Soto is “adjusting” to life outside of ICE detention, and that he couldn’t sleep when he returned home on Tuesday night.
At least 70 immigrant detainees have alleged medical neglect or deficiencies at Delaney Hall in federal court filings, and in at least 11 cases, judges ordered their release on those grounds, according to a Gothamist analysis in June.
The facility reopened in spring of last year, and more than 10,000 people have been detained there at some point, mostly Latin American immigrant men from New Jersey and the New York City area without any criminal histories.
Soto was among a group of men who announced in May that they had launched a hunger and labor strike to protest conditions inside Delaney Hall, where he was initially detained.
The strike spurred further protests outside the facility and drew influencers, activists, politicians, counterprotesters, and Trump administration officials to the site, drawing attention to ICE detention centers and the private enterprises running such facilities, and making the New Jersey site a flashpoint in the national debate over immigration enforcement.
Soto was detained by ICE in February in Kearny, while he was out buying diapers. His wife began publicly advocating for his release at Delaney Hall and protesting outside of the site in late May.
She organized a rally outside the facility on Memorial Day weekend while Soto and other detainees inside launched a hunger and labor strike to protest what they described as harsh conditions, including physical and psychological torture, substandard food, and the denial of legal representation and healthcare.
Conflict among protesters and federal agents erupted outside Delaney Hall when ICE later transferred Soto to the Elizabeth Detention Center, despite the presence of protesters who blocked the entrance.
Soto’s lawyers filed an emergency motion for his release following the transfer, describing him as being kept in solitary confinement since arriving at the Elizabeth Detention Center and appearing injured and malnourished.
The lawyers argued that ICE had moved him as punishment for his and his wife’s outspoken criticism of conditions inside Delaney Hall.
ICE and DHS have previously denied that Soto or any other detainee was transferred out of Delaney Hall in retaliation for the strike. Semper denied that motion for Soto’s release in June.
Soto’s lawyers filed another emergency motion for his release on Sept. 15, arguing that Soto’s continued detention was punitive and violated his due process rights. Semper agreed to review the motion, acknowledging claims that Soto had been held in “restrictive housing” at the Elizabeth Detention Facility for 113 days, “resulting in near-continuous isolation and recurrent suicidal thoughts.”
Pou said in a statement she was overjoyed by Soto’s release.
“Martin was undeniably targeted and mistreated, being moved from Delaney Hall to the Elizabeth Detention Center and held in solitary confinement,” Pou said in the statement. “Tonight justice is finally being done. It should have happened months ago.”
She added, “ICE remains out of control in our state and we must continue to oppose its rampant abuses. But tonight we can be grateful the hard work from so many paid off and Martin is being reunited with his family.”
Soto was one of at least 10 immigrants who in August requested help from New Jersey Attorney General Jennifer Davenport in seeking U visas, which offer legal protections for crime victims who actively assist law enforcement investigations.
Soto and the others argued that the conditions they were subjected to inside Delaney Hall qualified as criminal. Selenia Destefani, an immigration lawyer representing detainees, previously told Gothamist that the immigrants were willing to cooperate with the civil rights investigation launched by Davenport’s office into Delaney Hall earlier this year.
A spokesperson for the New Jersey state Department of Labor said the agency certified Soto’s application for a U-visa on Oct. 3, but the spokesperson didn’t specify the grounds on which the department did so. Destefani said she submitted Soto’s U-Visa application using that certification, and that his request for a visa was pending.
This story has been updated with additional information.
Tagged
Race And Justice Unit
immigration and customs enforcement
new jersey
newark
Michael Sol Warren
Michael Sol Warren covers New Jersey for WNYC and Gothamist, and previously reported on issues around the Garden State for NJ Spotlight News and NJ Advance Media. He can be reached at [email protected].
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Arya Sundaram
Arya is a reporter covering race and justice. Got a tip? Email: [email protected] or reach Arya on Signal at 512-650-8767.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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