Peruvian ICE Hunger Strike Leader Freed After 8 Months
PERU · IMMIGRATION
Key Facts
- —The country Peru, whose national Martín Soto spent about eight months in ICE custody.
- —What happened Federal judge Jamel Semper ordered his release on Tuesday, 6 October.
- —The release He left New Jersey’s Elizabeth Detention Center that Tuesday night.
- —The background He helped lead a May hunger strike at Newark’s Delaney Hall.
- —The players NYSE-listed GEO Group runs Delaney Hall; CoreCivic runs Elizabeth.
- —Still open The judge’s written opinion, and whether the government appeals.
A federal judge in New Jersey cited Martín Soto’s mental health and the conditions of his confinement in ordering his release.
Martín Soto, a Peruvian who helped lead a hunger strike at Newark’s Delaney Hall, walked free on Tuesday night, 6 October. A federal judge ordered his release that day, ending about eight months in US Immigration and Customs Enforcement (ICE) custody.
He left the Elizabeth Detention Center, also in New Jersey, where he had been held since late May. Delaney Hall, a 1,000-bed centre run by NYSE-listed GEO Group for ICE, became a flashpoint in the US immigration debate this summer.
What the Judge Ordered
Judge Jamel K. Semper of the US District Court for the District of New Jersey signed the order on Tuesday, 6 October. It gave the government 24 hours to release Soto inside New Jersey, under “reasonable conditions” set by immigration authorities.
Semper cited the length and conditions of the detention, evidence on Soto’s mental health and his “reported risk of self-harm.” He found no sufficient showing “at this juncture” that keeping him detained was constitutional.
The judge said his detailed findings will follow in a written opinion. The docket shows the government filed a status report on Wednesday, 7 October; its contents were not publicly available.
Months in Isolation, Lawyers Say
Court records list him as Martin Alonso Soto Hernandez, and his lawyers first went to federal court on Thursday, 5 March. ICE had arrested him in February in Kearny, New Jersey, while he was out buying diapers, Gothamist reported.
In April, Semper ordered a bond hearing, which an immigration judge held on Tuesday, 21 April. On Wednesday, 17 June, Semper found that hearing fair and closed the case.
His June order noted the immigration judge’s findings on danger to the community and risk of flight. On Monday, 1 June, he had also rejected an emergency motion over alleged denial of counsel at disciplinary hearings.
His lawyers asked to reopen the case on Tuesday, 15 September, saying he had been held for 226 days. The court summarised their claim of 113 days in restrictive housing at Elizabeth, “resulting in near-continuous isolation and recurrent suicidal thoughts.”
Selenia Destefani, his immigration lawyer, told Gothamist he spent four months in solitary confinement as retaliation for the strike. She said government lawyers denied he was held in solitary, and that he left it on Tuesday, 22 September.
The Strike That Made Him Known
In late May, about 300 Delaney Hall detainees began a hunger and labour strike over conditions they called inhumane, Gestión reported. The Lima business daily said the protest ended in late June without the complaints being resolved.
Detainees alleged medical neglect, poor food and denial of legal help, according to Gothamist and Gestión. ICE moved Soto to Elizabeth soon after the strike began, as protesters tried to block the transfer outside Delaney Hall.
Make the Road New Jersey, an immigrant advocacy group, praised his role, according to Gestión. It said his leadership gave thousands of people, at Delaney Hall and other detention centres, the courage to stand up for themselves.
What ICE and Lawmakers Say
An ICE spokesperson, quoted by Gothamist, called Semper an activist judge appointed by former President Joe Biden. The spokesperson said Soto would still receive due process.
The spokesperson also said Soto faces an assault charge in Kearny dating from the time of his February arrest. Gothamist reported that records in his federal case indicate the charge was dropped.
ICE and its parent, the Department of Homeland Security, have previously denied any retaliatory transfers, Gothamist reported. Representative Nellie Pou, a New Jersey Democrat, said on Tuesday night that Soto was “undeniably targeted and mistreated.”
Gestión reported that Democratic Representatives Rob Menendez and Analilia Mejía were there when he walked out. He was reunited with his wife and their two children outside the Elizabeth centre, Gothamist reported.
What It Means for You
For US investors, the case keeps legal attention on private detention operators. GEO Group (NYSE: GEO) runs Delaney Hall, and CoreCivic (NYSE: CXW) runs the Elizabeth Detention Center.
Gothamist counted at least 70 Delaney Hall detainees alleging medical neglect in federal filings by June. Judges had ordered at least 11 of them released on those grounds.
For immigrant families, the case shows that a habeas corpus petition, which challenges unlawful detention, can succeed after an earlier loss. The release does not end Soto’s immigration case or give him legal status.
What Is Not Known
The judge’s full reasoning is not yet known, nor are any release conditions beyond the electronic ankle monitor Gestión reported. It is not known whether the government will appeal to the federal appeals court in Philadelphia.
Gestión reported, citing local media, that his asylum claim was approved this week; this could not be confirmed. Destefani told Gothamist that a U visa request, a status for crime victims who help investigators, is pending.
What Comes Next
The next step in the federal case is Semper’s written opinion, which will set out his findings. Soto’s immigration proceedings continue separately.
The order is not a ruling on conditions at Delaney Hall as a whole, and it applies only to Soto. It does show a federal judge weighing confinement conditions and mental health in deciding whether detention can continue.
Frequently Asked Questions
Who is Martín Soto?
He is a Peruvian immigrant whom court records list as Martin Alonso Soto Hernandez. Outlets describe him as one of the leaders of a hunger strike at Delaney Hall in Newark.
Why did the judge order his release?
Judge Jamel K. Semper cited the length and conditions of his detention, his mental health and his reported risk of self-harm. He said a detailed written opinion will follow.
What is Delaney Hall?
Delaney Hall is a 1,000-bed immigration detention centre in Newark, New Jersey, run by GEO Group for ICE. Detainees there staged a hunger and labour strike in late May.
Does the release end his immigration case?
No. The order frees him from custody, but his immigration proceedings continue separately.
What did ICE say?
An ICE spokesperson, quoted by Gothamist, called Semper an activist judge appointed by former President Joe Biden. The spokesperson said Soto would still receive due process.
Sources: US District Court for the District of New Jersey, Soto Hernandez v. Soto, No. 2:26-cv-02309, docket text (Habeas Dockets mirror); CourtListener docket; Rep. Nellie Pou, statement of 6 October 2026; GEO Group, Delaney Hall facility page; CoreCivic, Elizabeth Detention Center; Gothamist; Jersey Vindicator (24 May 2026); Gestión (all accessed 8 October 2026).
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief