Staff Report
SAN MARCOS — Gerardo Reyes, of San Marcos, was released from the T. Don Hutto Detention Center June 1, following a successful habeas corpus filing by his legal team. After more than 60 days in detention, Gerardo will return home to his wife and three U.S. citizen children.
"Gerardo is coming home," said Lupe Sarinana, his daughter. "This victory belongs to every person who signed a petition, showed up at city hall, called the [district attorney] and refused to stay silent. We proved that when we move together, we win together."
Gerardo was arrested March 14 during a traffic stop by the San Marcos Police Department, where local nonprofit Mano Amiga alleged no crime occurred. Following this, he was transferred to Immigration and Customs Enforcement (ICE) custody and faced deportation, while his 17-year-old son Esteban Reyes remained charged with interference with public duties.
On May 12, the Hays County District Attorney declined to file criminal charges against Gerardo. The city of San Marcos also noted that SMPD officer Jaciel Cortina violated three department policies during the arrest and received a 24-hour suspension.
"A 24-hour suspension did not bring our father home. Community pressure did," Sarinana said. "Detention centers profit from keeping families apart. Politicians win votes on fear. But we proved that people power is stronger."
The successful habeas corpus filing challenged the legality of Gerardo’s detention and forced ICE to release him, while his immigration case continues. His legal team filed the petition after the immigration judge denied his application for cancellation of removal May 12.
"This is not just about one family," said Eric Martinez, executive director of Mano Amiga. "This is about a system that treats immigrant families as disposable. Gerardo's release proves that accountability is possible when we organize, but the fight continues for Esteban and for every family still separated."
Esteban's charges remain in pre-file diversion status. The family is demanding full dismissal of all charges against him. Furthermore, the news release stated that they call for greater accountability for officer Cortina, policy changes at SMPD and to end the collaboration between ICE and the police in Hays County.
