Judge Gayles ordered immigration authorities to schedule a bail hearing for Vorbe by August 24, or release him under reasonable supervision.

The hearing must be held before the Immigration Court. "On or before August 31, 2026, Respondents shall file a Status Report informing this Court of whether Petitioner was given an individualized bond hearing, the outcome of Petitioner’s bond hearing, and the status of matters relevant to the Petition," Judge Gayles ordered.

Dimitri Vorbe was arrested at his South Miami home on September 23, 2025, and charged under a rarely used foreign policy provision related to foreign policy concerns. In an undated memo, Secretary of State Marco Rubio claimed that Vorbe had "engaged in a campaign of violence and support for gangs, contributing to the destabilization of Haiti" and argued that his presence was contrary to U.S. foreign policy interests. Rubio provided no evidence to support his claims, raising questions about the true reasons for Dimitri Vorbe’s arrest.

The Vorbe case is one of the most striking examples of Rubio’s use of foreign policy authority, an authority his administration has invoked on numerous occasions. Vorbe has remained in detention ever since, despite no immigration judge having ordered his removal from the United States.

In its petition to the court, the Trump administration argued that Vorbe could be held without bail, also maintaining that the court lacked jurisdiction to hear its appeal—a position rejected by Judge Gayles. The judge ruled that federal law specifies which immigrants are subject to mandatory detention and stated that categories like Vorbe's—those charged on foreign policy grounds—do not fall under that category.

He found that Congress had deliberately excluded this category and that a federal immigration regulation used by the Department of Homeland Security to enforce mandatory detention exceeded Congress's powers. Although Vorbe had already appeared before an immigration court at the time of his controversial arrest, he is among the thousands of detainees now stranded in South Florida as a result of the Trump administration's crackdown on immigrants since last year.

See also :

https://www.haitilibre.com/en/news-45860-haiti-usa-dimitri-vorbe-awaiting-deportation-proceedings.html

https://www.haitilibre.com/en/news-45855-haiti-news-zapping.html

https://www.haitilibre.com/en/news-45840-haiti-flash-new-arrest-of-dimitri-vorbe-in-florida.html

https://www.haitilibre.com/en/news-31604-haiti-flash-dimitri-vorbe-vice-president-of-sogener-sa-arrested-in-miami.html

https://www.haitilibre.com/en/news-29336-haiti-flash-the-state-retakes-possession-of-the-power-plants-managed-by-the-sogener.html

Follow the legal saga : Haitian State vs. SOGENER : https://www.haitilibre.com/en/news-31604-haiti-flash-dimitri-vorbe-vice-president-of-sogener-sa-arrested-in-miami.html

TB/ HaitiLibre