ICE Arrested Him at a Military Base With a Valid Work Permit
You did everything right — you filed for asylum on time, you got your work permit, you built a life. Then ICE agents showed up anyway. That is exactly what happened to Assim Alkhawaja, a 53-year-old from Saudi Arabia with a doctorate, a growing coffee business, and no criminal convictions. His story exposes a legal gap that puts thousands of asylum seekers at risk of arrest and removal proceedings — even when they followed every rule.

You are dropping off passengers at a military base. A guard scans your driver's license, steps away, and comes back with two ICE agents. Minutes later, you are in handcuffs — wrists and ankles chained together — being loaded into a van. That is what Assim Alkhawaja says happened to him in February at Camp Pendleton, the large Marine Corps base in San Diego County. He had a valid work permit. He had a pending asylum case. He had no criminal convictions. None of it stopped his arrest.
A Legal Grey Area That Can Trap Anyone
Alkhawaja, originally from Saudi Arabia, applied for asylum in 2024. While his case was pending, he received a work permit — a Form I-765 (Employment Authorization Document) — which is standard for asylum seekers. He also built a small coffee business called Sands Coffee Roasters in San Diego. His attorney, Sydney Johnson of a San Diego immigration law firm, says he has no criminal convictions on his record. But his work permit, it turns out, does not equal legal immigration status. "You can do everything right and you can still get screwed," Johnson said. That gap in the law is what allowed ICE to arrest Alkhawaja and place him in removal proceedings — the formal process that can end in deportation.
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After his arrest, Alkhawaja spent eight days at the Otay Mesa detention center, one of California's largest immigration detention facilities. He was given a uniform with "DETAINEE" printed on the back. He says detainees could not use the restroom at night, the drinking water smelled bad, and basic necessities cost money. When he was released, ICE strapped a GPS ankle monitor to his left leg — the kind typically used for high-risk individuals on parole. He now reports to immigration officials nearly every week, either at the San Diego federal courthouse or through home visits. A Department of Homeland Security spokesperson called him "a criminal illegal alien" and cited a 2002 arrest. Johnson confirmed that arrest never resulted in any conviction or charges.
San Diego's Quiet Enforcement Wave
Alkhawaja's case is not isolated. ICE removed more than 16,000 people from the San Diego region between January 2025 and April 2026. Arrests have happened outside courthouses, at Home Depot stores, near schools, and at military bases. Camp Pendleton launched a formal "security initiative" with ICE in 2025 focused on identity verification at the base entrance — the same process that flagged Alkhawaja. Johnson says the tactics shift, but the goal stays the same: make people feel it is not worth fighting their case. "The tactics change, but the goal is the same — to make it harder for people to want to fight their case here, and to make them just give up," she said.
What to Do
- Always carry copies of your work permit (EAD), asylum receipt notice, and any other immigration documents — but understand that having them does not prevent an ICE arrest.
- Before any ICE check-in appointment, tell your attorney the date and time. Set up an emergency contact plan with a trusted person who knows what to do if you are detained.
- If ICE offers you money to leave the country voluntarily, do not sign anything before speaking to an immigration lawyer. Voluntary departure can affect your ability to return to the US.
- If you have any past arrests — even ones that did not lead to charges or convictions — tell your attorney now. Agencies can raise old arrests in immigration proceedings, and your lawyer needs to be prepared.
A full breakdown of this topic — in our guide “Appealing to the BIA”.

Fishkin Law Firm, New York
Asylum seekers with a pending case and a valid EAD are in a legally vulnerable position: the work permit proves authorization to work, but it does not confer formal immigration status. That distinction gives ICE legal room to arrest and place someone in removal proceedings even when they have complied fully with the process. If you are in this situation, make sure your attorney has filed all available motions to protect your case, and that you have an emergency contact plan if you are detained at a check-in. Consult an immigration attorney before attending any ICE appointment — knowing your rights in advance can make a critical difference.
Frequently Asked Questions
Can ICE arrest me if I have a valid work permit and a pending asylum case?
Yes. A work permit (EAD) shows you are authorized to work, but it does not give you formal legal immigration status. ICE can still arrest and place you in removal proceedings. Alkhawaja's attorney confirmed this is a known legal grey area that affects many asylum seekers.
What happens at an ICE check-in appointment? Can I be detained on the spot?
Yes. People have been detained and deported at routine check-in appointments without advance warning. If you have a scheduled ICE check-in, talk to an immigration attorney beforehand. Make sure someone you trust knows where you are going and what to do if you do not return.
ICE offered Alkhawaja $3,000 to leave voluntarily. Should I accept that kind of offer?
Do not sign or agree to anything without speaking to a lawyer first. Accepting a voluntary departure offer can have serious long-term consequences for your ability to return to the US or reapply for immigration benefits. An immigration attorney can explain what you would be giving up.
Can ICE use an old arrest — with no conviction — against me in immigration proceedings?
Agencies like DHS can raise past arrests even if they did not result in a conviction. In Alkhawaja's case, DHS cited a 2002 arrest that his attorney says never led to any charges or convictions. An immigration lawyer can help you address this kind of record before it is used against you in court.