Salvadoran journalist Mario Guevara will have to wait to find out if he will be released from ICE custody after a federal judge in South Georgia hears arguments on Wednesday.

Guevara, who has lived in metro Atlanta for years, was arrested in June while live-streaming a “No Kings” protest in DeKalb County. Those charges were later dropped, as were additional traffic violations filed in Gwinnett County. He remains held at an ICE detention facility in South Georgia.

His attorneys argue Guevara was targeted for his reporting and that his First Amendment rights are being violated. “There are many fears tied to the uncertainty of what lies ahead for my dad,” his daughter Katherine Guevara said recently. “But more than fear I feel anger, because this should not be happening.”

The federal government says Guevara is being detained because of his immigration status, not because of his work as a journalist.

Prosecutors also claim his filming of law enforcement at protests could have placed officers at risk.

The U.S. District Court for the Southern District of Georgia will consider his petition for immediate release during Wednesday’s hearing.