Federal immigration authorities have detained Henry Morales Hernandez, a former Venezuelan army major and grandfather from Florida, who sought asylum in the United States after escaping the Nicolás Maduro government. Morales Hernandez, aged 55, has been in the custody of U.S. Immigration and Customs Enforcement (ICE) since May. His detention followed a traffic stop in Collier County, Florida, in April.
Dismissed DUI Charges
The State Attorney’s Office for Florida’s 20th Judicial Circuit dismissed a criminal charge of driving under the influence against Morales Hernandez last month. They dropped the charge due to insufficient evidence for a conviction. The Trump administration has been strengthening immigration enforcement across the country, bringing about more arrests and detentions under its broad deportation policy. The administration has restricted protections and legal opportunities for various migrants, including those from Venezuela.
Esmeralda San Andres Morales, an American citizen and Morales Hernandez’s wife, questioned the arrest circumstances. She told Newsweek her husband only consumed a small amount of alcohol and was not impaired. She claimed a breath test showed a blood alcohol content of about 0.03, and Morales Hernandez had no prior criminal record.
Breath Test Results
The Collier County Sheriff’s Office records show Morales Hernandez’s breath test results as 0.036 and 0.037. These numbers fall below Florida’s legal limit of 0.08 for driving under the influence, though state law allows charges based on observed impairment. A Department of Homeland Security spokesperson stated that local law enforcement in Naples, Florida, arrested Morales Hernandez, an illegal alien from Venezuela, for driving under the influence. ICE placed a detainer the same day, and Morales Hernandez was taken into custody on May 1 to await immigration proceedings.
Path to the United States
According to ICE, Morales Hernandez first entered the U.S. through Miami on a tourist visa. Since 2021, he has resided in the country and holds an active asylum case in immigration court. Previously, Morales Hernandez lived in Argentina for over ten years after leaving Venezuela. He served in the military from 1993 to 2008 and attained the rank of major.
Morales Hernandez’s immigration documents note his graduation from Venezuela’s military academy in 1993. He specialized in airborne and paratrooper operations with the 42nd Parachute Infantry Brigade. He participated in counterinsurgency efforts near the Colombian border and sustained leg injuries during a 1997 encounter with the National Liberation Army and Revolutionary Armed Forces of Colombia.
Over time, Morales Hernandez assumed intelligence and command roles and worked with officers opposing Hugo Chávez’s government. His opposition to the government led to concerns of retaliation, causing him to leave the military in the late 2000s. He later moved to Argentina, remaining active in Venezuelan opposition activities abroad before seeking asylum in the United States.
His wife expressed that deportation to Venezuela would be perilous. An immigration judge denied him bond in May, based on the arrest report despite the DUI case dismissal. Documents in his immigration case suggest that Morales Hernandez pursued asylum due to threats connected to his stance against the Venezuelan government. The case continues in immigration court.
Temporary Protected Status Uncertain
Morales Hernandez also possessed Temporary Protected Status (TPS), allowing nationals from specific countries to stay in the U.S. due to conflict or instability. Venezuela gained TPS designation in 2021 amid political unrest, economic decline, and human rights issues under Maduro. This gave hundreds of thousands of Venezuelans temporary legal protection and work authorization.
The Trump administration moved to end TPS for Venezuelans, arguing conditions no longer justified the designation. The U.S. Supreme Court permitted the administration to conclude TPS protections for many Venezuelans, though limited protections remain for some under legal challenges.
In January, U.S. forces captured Maduro in Caracas, bringing him to New York on federal charges of narco-terrorism and drug trafficking.
Family Impact
Esmeralda San Andres Morales described her husband’s detention as taxing both financially and emotionally. Morales Hernandez provides for the family, making his absence particularly distressing.
Morales Hernandez is housed at Glades County Detention Center after transfers between facilities. Support letters to the immigration court from his family depict him as a caring and supportive figure. Steps and peers highlight his influence and integrity.
His stepson Isaiah Acevedo, an active-duty noncommissioned officer in the U.S. Army, credited Morales Hernandez with impacting his life positively. Stepdaughter Izandria Zabala, 19, praised his integrity, responsibility, and family commitment. Imani Acevedo, another stepdaughter, expressed that Morales Hernandez embraced her children like his own grandchildren.
As Morales Hernandez remains in ICE custody, his immigration case progresses with a scheduled hearing later this month.
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