Florida Grandfather’s Asylum Case Highlights Immigration Challenges

Federal immigration authorities have detained Henry Morales Hernandez, a Florida grandfather and former army major from Venezuela, who sought asylum in the United States. He fled Venezuela after opposing the government of Nicolás Maduro, according to his family.

Detention and Legal Proceedings

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 April in Collier County, Florida. During this stop, he faced charges of driving under the influence. However, the State Attorney’s Office in Florida’s 20th Judicial Circuit dropped the charge the following month. They cited insufficient evidence to prove the case beyond a reasonable doubt.

This case comes amid increased immigration enforcement under the Trump administration. This policy aims to narrow protections for certain migrants, including Venezuelans, while restricting legal pathways for immigrants.

Esmeralda San Andres Morales, an American citizen and Morales Hernandez’s wife, contested the circumstances of the arrest. She told Newsweek that her husband had consumed a small amount of alcohol and was not impaired at the time. A breath test indicated a blood alcohol level of approximately 0.03, and Morales Hernandez has no prior criminal record.

Breath Test Results and Arrest

Records from the Collier County Sheriff’s Office showed breath test results of 0.036 and 0.037 for Morales Hernandez. These figures fall below Florida’s legal limit of 0.08 for driving under the influence. However, charges can be based on observed impairment under state law.

A Department of Homeland Security spokesperson stated in an email to Newsweek, “Local law enforcement partners in Naples, Florida, arrested Henry Morales Hernandez, an illegal alien from Venezuela, for driving under the influence.”

ICE lodged a detainer on the same day, and Morales Hernandez was taken into custody on May 1 while awaiting immigration proceedings. The spokesperson indicated he would receive full due process and remain in ICE custody during these proceedings.

Upon Coming to the United States

Morales Hernandez entered the U.S. via Miami on a tourist visa and has lived in the country since 2021. His immigration documents reveal his previous decade-long residence in Argentina after leaving Venezuela. He served in the Venezuelan military from 1993 to 2008, reaching the rank of major.

His military career included participation in counterinsurgency operations near the Colombian border. He sustained leg wounds in a 1997 confrontation with armed groups linked to the National Liberation Army and the Revolutionary Armed Forces of Colombia.

After holding intelligence and command roles, Morales Hernandez became critical of the government. This opposition led him to fear retaliation and leave the military in the late 2000s. He later moved to Argentina, actively participating in Venezuelan opposition circles before seeking asylum in the U.S.

Morales Hernandez’s wife fears deportation. She described it as a potential “death sentence.” An immigration judge denied him bond in May, citing the arrest report despite the dismissal of the criminal case.

Temporary Protected Status Concerns

Records show Morales Hernandez had Temporary Protected Status (TPS), allowing nationals from certain countries to remain in the U.S. Venezuela first received the TPS designation in 2021 due to political turmoil and human rights concerns under the Maduro regime.

While hundreds of thousands of Venezuelans gained temporary legal protection and work authorization, the Trump administration’s policy changes made these protections uncertain. In 2025, a decision was made to terminate TPS for Venezuelans, arguing the conditions no longer justified it. Legal challenges continue to create uncertainty for TPS holders.

Family members shared support letters with the immigration court to emphasize Morales Hernandez’s importance in their lives. His stepson, Isaiah Acevedo, an active-duty infantry noncommissioned officer in the U.S. Army, praised Morales Hernandez’s influence in his life.

Esmeralda San Andres Morales described her husband as the primary source of income and expressed the financial and emotional difficulty caused by his detention. He is currently held at Glades County Detention Center.

A stepdaughter, Izandria Zabala, highlighted Morales Hernandez’s integrity and responsibility, noting his absence would deeply affect the family. His other family members shared similar sentiments, stressing his vital role as a caregiver and provider.

The immigration case for Morales Hernandez is ongoing, with a hearing set for later this month.