Federal lawyers argued that a person in his situation is subject to mandatory detention and not entitled to a bond hearing, at which an immigration judge would consider whether the person is a flight risk or a danger to the community. 

That reinterpretation, Crawford determined, was wrong. 

Amid the Trump administration’s continued crackdown on immigration, federal judges in Vermont this year have issued a string of rebukes to ICE for violating people’s constitutional rights while detaining them.

Nathan Virag, one of the lawyers who represented Alay Aguilar in federal court in Burlington, said the government had no grounds for holding his client.

“This is a person who did not try to leave the United States. It was an inadvertent reroute that should not count as a departure from the United States,” Virag told VTDigger. Virag is a lawyer with the Association of Africans Living in Vermont.

Co-counsel Erin Jacobsen, a lawyer with the Vermont Asylum Assistance Project, said the hearing March 25 was brief and featured “very little argument by the U.S. Attorney’s Office.”

Spokespeople for U.S. Customs and Border Protection, ICE and the Department of Homeland Security did not respond to questions via email about the case.

Alay Aguilar’s description of what happened when he reached the Canadian border March 5 is contained in the habeas corpus petition filed in U.S. District Court on March 23, the federal response filed March 24 and the judge’s order filed March 25.

A citizen of Ecuador, Alay Aguilar lives in North Carolina and had applied for asylum in October 2025, according to court filings. That case is pending.

A long-haul truck driver with a valid commercial driver’s license, he recently took up an extra gig — to haul timber from Vermont to New York — to pay for an immigration lawyer for an upcoming asylum-related hearing, according to his lawyers’ petition.

Alay Aguilar inadvertently crossed into Canada at Highgate Springs, one of the busiest border crossings in New England, while following directions on the truck’s navigation system, the petition said.

Canadian border personnel, who communicated with Alay Aguilar in Spanish, would not let him reverse the truck for safety reasons. 

When Alay Aguilar tried to reenter the U.S., a Customs and Border Protection official gestured for him to exit the truck and walk into a building, which he did. 

In the building, Alay Aguilar was allowed to communicate using Google translator on his phone. Officials said there was a problem with the truck’s manifest and ordered him to call the owner, which he did. CBP officials then spoke with the owner in English and did not translate the conversation, court documents state.

Officials then confiscated his phone and handed it to an ICE official. ICE personnel then handcuffed Alay Aguilar and drove him to an office about 15 minutes away where he was detained for about three hours, according to court documents, before being moved to Northwest State Correctional Facility and held there. 

Court filings indicate Alay Aguilar fled Ecuador and entered the United States around November 2023. He was detained by the Department of Homeland Security near the Mexican border and held for a few weeks, after which he accepted the government’s offer to fly him to New York so he could pursue asylum outside of detention, his lawyers said in their petition.

He relocated to Charlotte, N.C., and applied for asylum. He received work authorization and is currently employed by a local company in North Carolina. He has lived and worked in North Carolina for two years, where he has friends and a serious girlfriend, his lawyers said in court documents. 

“There were no changed circumstances after his release on his own recognizance in 2023, no criminal history, so it really was an unconstitutional detention,” Virag said in an interview.

Cases arising out of accidental border crossings are based on Homeland Security officials “misinterpreting” decades-old rules meant to punish people making an initial entry into the United States or those who are a danger to the community and pose a flight risk, Virag said. Judge Crawford noted in his order that Alay Aguilar had not been found to present a danger or a flight risk. 

“These detentions serve no legitimate government purpose or interest,” Virag said.

Similar border crossing detentions last year — involving Alexi and his family and Jose Ignacio “Nacho” De La Cruz and his stepdaughter, for instance — illustrate some of the tactics CBP have used on noncitizens amid detention quotas mandated by the Trump administration.

As for Alay Aguilar, his detention was one of “fear, confusion, isolation, and hopelessness,” his lawyers said in court filings.

“This case had a good outcome, but Mr. Alay Aguilar was subjected to 20 days of detention with absolutely no due process whatsoever — a completely unjustified, inexcusable, traumatizing abuse of power,” Jacobsen said. 

“In many ways, Arnaldo’s case was like the other unconstitutional detentions we’ve seen, with our government arresting and detaining people outside of regular and constitutionally required procedures,” she added.

And his lawyers would not have known about his case were it not for the Vermont Asylum Assistance Project’s detention check program, she said. Under that program, lawyers and interpreters proactively visit the detention centers in Vermont. Alay Aguilar  was found at the St. Albans prison during one such visit on March 18, she said.

Now that Alay Aguilar has been freed, he is back in North Carolina.

“He will be able to resume what he was doing before his apprehension — working, taking care of his family and continuing to pursue his asylum case,” Jacobsen said.