Federal immigration authorities detained Henry Morales Hernandez, a Florida resident and former Venezuelan army major, seeking asylum in the U.S. after fleeing the Maduro government. According to family, Morales has been in U.S. Immigration and Customs Enforcement (ICE) custody since May, following a traffic stop in Collier County, Florida.
Dismissed Criminal Charge
A charge of driving under the influence from the traffic stop was later dropped due to insufficient evidence. The incident took place amidst increased immigration enforcement under a national mass deportation policy.
Esmeralda San Andres Morales, an American citizen, contested the basis of her husband’s arrest, citing a breath test showing a blood alcohol level of just 0.03, significantly below the state limit of 0.08.
Breath Test and Detention
Results from the Collier County Sheriff’s Office indicated blood alcohol levels of 0.036 and 0.037. Florida law allows charges based on visible impairment despite these low levels. After the arrest, ICE lodged a detainer, and Morales was taken into custody on May 1.
A Department of Homeland Security spokesperson stated Morales was arrested for DUI, calling him an ‘illegal alien’ from Venezuela. He remains in ICE custody as his immigration case progresses.
Asylum and Past Military Service
Morales arrived in the U.S. on a tourist visa and has been here since 2021 with an active asylum case. He previously lived in Argentina for over a decade after serving in the Venezuelan military from 1993 to 2008, holding positions in intelligence and counterinsurgency.
Facing threats due to opposition to the Venezuelan government, Morales left the military in the late 2000s. He engaged in opposition activities while in Argentina before seeking asylum in the U.S.
“He is terrified of being deported back to Venezuela, which would be a death sentence,” his wife stated.
Immigration Proceedings
An immigration judge denied Morales bond in May, influenced by the arrest report despite the dismissed charges. His asylum claim, related to fears of retaliation in Venezuela, is still under court review.
Temporary Protected Status
Morales also benefitted from Temporary Protected Status (TPS), which allows certain nationals to stay in the U.S. due to home country conditions. Venezuela’s TPS designation came in 2021 due to political and economic crises.
The status of TPS for Venezuelans remains uncertain following policy changes. The U.S. Supreme Court allowed the termination of TPS for Venezuelans, but legal challenges persist.
Family Impact and Support
Morales is key to his family’s financial and emotional stability, his detention posing significant hardship. Letters to the court depict him as a responsible and committed family member.
His stepson, Isaiah Acevedo, highlighted Morales’s positive influence on his military career. Stepsister Izandria Zabala praised his integrity and family role, while stepdaughter Imani Acevedo expressed appreciation for his familial dedication.
Currently held at Glades County Detention Center, Morales faces a future hearing as his immigration case continues.
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