Peruvian immigrant Martin Soto, a prominent participant in protests at Newark’s Delaney Hall detention center, reunited with his wife and children after a federal judge ordered his release from ICE custody.

NEWARK, NJ — A Peruvian immigrant who spent eight months in federal immigration custody after being arrested while reportedly purchasing diapers for his infant son has been released following a federal judge’s ruling that his continued detention was unlawful.

Martin Soto walked out of the Elizabeth Detention Center Tuesday evening, October 6, after U.S. District Judge Jamel K. Semper ordered federal authorities to release him.

Soto, who became a prominent figure in a detainee protest movement at Newark’s Delaney Hall immigration facility, was reunited with his wife, Gabriela, and their children outside the detention center.

The decision followed months of legal challenges, demonstrations by immigration advocates and allegations that Soto had been subjected to prolonged isolation while in custody.

His release does not resolve his immigration status. He remains subject to federal immigration proceedings and was released wearing an electronic ankle monitor.

Arrested in February while buying diapers for his son

Soto entered the United States without authorization and was taken into custody by federal immigration officers in February 2026.

His wife said agents arrested him while he was out buying diapers for their young son.

Authorities initially held him at Delaney Hall in Newark, a privately operated immigration detention facility that has faced repeated complaints about living conditions.

The arrest separated Soto from his family and began a detention period that lasted approximately eight months.

His wife became an outspoken advocate for his release, participating in demonstrations outside Delaney Hall and later the Elizabeth detention facility.

Soto helped organize hunger strike inside Delaney Hall

While detained in Newark, Soto became involved in protests over conditions at Delaney Hall.

Detainees complained about inadequate medical treatment, unsanitary living conditions, food quality and access to basic necessities.

In late May, hundreds of detainees reportedly participated in a hunger strike and other demonstrations.

Soto was identified by advocates as one of the organizers.

Federal immigration officials disputed accounts of the hunger strike, while detainees and their supporters maintained that the protests were genuine.

The demonstrations outside Delaney Hall also attracted lawmakers and immigration activists, leading to confrontations with federal officers.

Soto was transferred to the Elizabeth Detention Center in May as protests intensified.

His attorney, Selenia Destefani, alleged that the transfer and subsequent isolation were retaliation for his role in organizing detainees.

Attorney says Soto spent four months in solitary confinement

Destefani said Soto spent approximately four months in isolation while detained.

She argued that the prolonged confinement severely affected his mental health and contributed to suicidal thoughts.

According to reporting by NJ PBS and other news organizations, the defense raised those concerns in federal court while challenging the legality of his continued detention.

Federal officials disputed allegations that Soto was punished for participating in protests.

Judge Semper ultimately ordered his release after considering the circumstances of his confinement, the length of his detention and concerns about his mental health.

The ruling addressed the legality of his detention, not whether he should ultimately receive permanent permission to remain in the United States.

ICE and attorney offer conflicting accounts of criminal history

Federal immigration officials defended Soto’s detention and cited a previous assault charge in Kearny, New Jersey.

Soto’s attorney said that charge had been dismissed.

ICE also accused Soto of encouraging unrest and causing property damage during disturbances inside Delaney Hall.

Those allegations were not established as criminal convictions in the reporting reviewed, and federal authorities did not provide evidence showing that Soto had been convicted of the alleged conduct.

The dispute became part of a broader disagreement over whether Soto was being held for immigration enforcement purposes or subjected to additional restrictions because of his activism.

New Jersey Democrats pushed for his release

Several Democratic members of New Jersey’s congressional delegation supported Soto’s release.

Rep. Nellie Pou, whose district includes parts of northern New Jersey, said her office had pressed ICE for months to release him.

“Martin was undeniably targeted and mistreated, being moved from Delaney Hall to the Elizabeth Detention Center and held in solitary confinement,” Pou said.

“For months my office has been pushing ICE to release Martin and tonight justice is finally being done. It should have happened months ago.”

Rep. Analilia Mejia also criticized the prolonged detention, arguing that the treatment of immigrants in federal custody raises broader civil rights concerns.

Immigrant advocacy organization Make the Road New Jersey praised Soto for helping organize detainees.

Immigration case remains unresolved despite release

Soto is pursuing legal immigration status while living with his family in New Jersey.

His attorney has described his immigration case as ongoing, including efforts to obtain lawful status through his marriage to Gabriela, a U.S. citizen.

Other reporting has described him as an asylum seeker. The available accounts do not conclusively establish that either immigration application has received final approval.

His release from detention does not grant citizenship, permanent residency or immunity from future immigration proceedings.

For now, however, Soto is back with his family after eight months in federal custody.

The federal judge’s ruling ended his immediate detention while leaving the larger questions surrounding his immigration status and treatment inside Delaney Hall unresolved.