A prominent immigrants’ rights activist who faces criminal smuggling and fraud charges can await trial outside of prison, a federal judge ruled Thursday.
José Ignacio De La Cruz, a leader in the advocacy group Migrant Justice who goes by the nickname “Nacho,” was released from custody over the objection of federal prosecutors. He had been imprisoned since his March 26 arrest on felony charges that he took money to help migrants cross the northern border illegally and improperly obtain Vermont driver’s licenses.
During a hearing to consider De La Cruz’s continued detention, Magistrate Judge Kevin J. Doyle described the allegations against him as serious and said the government’s evidence "appears to be strong." But the judge was unconvinced by the government’s claim that he was likely to abscond before trial.
The judge noted that De La Cruz, 30, has a long-term partner, a young child and several siblings in Vermont, where he has lived for a decade or so and works in construction.
His plea for release was also aided by the fact that he’d carried on his life here for more than seven months following an earlier stint in federal detention.
U.S. Border Patrol agents detained De La Cruz last summer while he said he was delivering groceries to farmworkers near the U.S.-Canada border. He was arrested because of his immigration status, but the authorities seized his phone and obtained a warrant to search it, which turned up messages and photos that linked him to cross-border smuggling events.
De La Cruz won his release from custody a month later, but the feds continued to build a criminal case.
He is accused of taking thousands of dollars to meet migrants near the Vermont-Canada border and transport them south. Prosecutors also accuse De La Cruz of obtaining state driver’s privilege cards for immigrants who do not live in Vermont. They allege that he charged about $500 per card.
Migrant Justice did not galvanize a large rally of supporters outside the Burlington courthouse on Thursday, as the organization had on the day of his arrest. But a couple dozen activists, Migrant Justice leaders and family members filled the courtroom for the hearing.
The organization has expressed support for De La Cruz’s release while also saying it wasn’t aware of his alleged actions and does not condone them.
Judge Doyle ordered De La Cruz to post a $5,000 bond and use a location-monitoring device while the case plays out.
He faces a minimum of three years in prison if convicted on the smuggling charge.
