BRUNSWICK, Ga. (AP) — A federal judge on Wednesday questioned whether a Spanish-language journalist who was arrested covering a June protest near Atlanta can remain in immigration detention after charges against him were dropped.

Attorneys for Mario Guevara asked the judge during a hearing to order his immediate release from an immigration detention center in southeast Georgia.

A petition they filed in court last week says the government is violating Guevara’s constitutional rights to free speech and due process. It argues that he is being punished for filming police, which is legal, and that he is being subjected to unlawful prior restraint because he’s unable to report while in custody.

“He is not a danger or a flight risk,” said Scarlet Kim, an American Civil Liberties Union atto

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