Federal immigration authorities have detained Henry Morales Hernandez, a 55-year-old grandfather and former Venezuelan army major who sought asylum in the United States after fleeing Venezuela’s government. He has been in U.S. Immigration and Customs Enforcement (ICE) custody since May following a traffic stop in Collier County, Florida in April.
Prosecutors recently dropped a criminal charge of driving under the influence against Morales Hernandez, citing insufficient evidence. His wife, Esmeralda San Andres Morales, an American citizen, contended that the arrest was based on false claims. A breath test indicated a blood alcohol level of approximately 0.03, significantly below Florida’s legal limit.
Immigration and Legal Context
The detainment occurs amidst increased immigration enforcement by the Trump administration. Efforts include narrowing protections for migrants, such as Venezuelans, while making legal pathways for immigration more stringent. ICE reported that Morales Hernandez, referred to as an illegal alien, was taken into custody after an initial DUI arrest.
Morales Hernandez entered the U.S. through Miami on a tourist visa in 2021. Before reaching the U.S., he lived in Argentina for over ten years. His military career in Venezuela included roles in airborne and paratrooper operations. He has an active asylum case in the U.S., fearing deportation back to Venezuela, which his wife equates to a death sentence.
Asylum and Immigration Proceedings
He is terrified of being deported back to Venezuela.
A judge denied Morales Hernandez bond in May, partially based on the DUI arrest report. His asylum application highlights threats due to his opposition to Venezuela’s government, with ongoing proceedings in immigration court.
Temporary Protected Status and Policy Changes
Morales Hernandez was eligible for Temporary Protected Status (TPS), a program for nationals from troubled countries. Venezuela’s designation in 2021 offered temporary legal protection amidst nationwide turmoil. However, changes under the Trump administration aimed to end TPS protections, leading to legal disputes and uncertainty. In a recent Supreme Court decision, the administration was permitted to end TPS protections for many Venezuelans, adding further uncertainty for Morales Hernandez.
Family Impact
The detention has taken a financial and emotional toll on Morales Hernandez’s family. His wife described the situation as devastating. Support letters to the immigration court reflect his role as a caregiver and source of stability. His stepson and stepdaughter lauded him for his positive impact and dedication, emphasizing the emotional and financial vacuum his detention creates.
Morales Hernandez remains in ICE custody at Glades County Detention Center with an impending hearing. The family hopes for a favorable outcome in the immigration proceedings.