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ICE Arrested Him at a Military Base. He Had a Valid Work Permit.

Assim Alkhawaja had a valid work permit, an open asylum case, a doctorate, and a growing coffee business. None of it stopped ICE from arresting him at a military base gate, chaining his wrists and ankles, and putting him in a detention center for eight days. His story shows a gap in the law that can trap asylum seekers who did everything right.

Yesterday·3 min read
ICE Arrested Him at a Military Base. He Had a Valid Work Permit.

What happened at Camp Pendleton

What if you followed every rule — filed for asylum on time, got a work permit, built a business — and ICE still arrested you? That is exactly what happened to Assim Alkhawaja, 53, originally from Saudi Arabia. In February, he drove two Lyft passengers to Camp Pendleton, a military base in San Diego County. A guard scanned his driver's license, asked for more ID, and returned with two ICE agents. They asked whether he had a court date for his asylum case. He said no. "You're coming with us," they told him. He was handcuffed at the wrists and ankles, connected by a chain around his waist, and driven to a downtown San Diego office. An agent offered him $3,000 to leave the country immediately. He refused. That night, he was taken to the Otay Mesa detention center.

Alkhawaja spent eight days at Otay Mesa. Detainees wore navy uniforms stamped "DETAINEE" on the back. He says they could not use the restroom at night, the drinking water smelled bad, and phone calls and hygiene products cost money. CoreCivic, the private company that runs Otay Mesa, said in a statement that resident safety is its "top priority" and that the water comes from the same municipal source as the surrounding San Diego community. After eight days, Alkhawaja was released on bond — but placed in removal proceedings. ICE strapped a GPS ankle monitor to his left leg, the kind typically reserved for high-risk individuals on parole. He now reports to immigration officials almost every week, either at the federal courthouse or through home visits.

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The legal grey area that makes this possible

How can someone with a valid work permit end up in removal proceedings? Sydney Johnson, an immigration attorney at a San Diego law firm who represents Alkhawaja, explains the gap: asylum seekers can apply for a work permit while their case is pending, but holding that permit does not mean they have legal status in the US. "You can do everything right and you can still get screwed," Johnson said. The Department of Homeland Security described Alkhawaja in a statement as "a criminal illegal alien" and pointed to a 2002 arrest for disorderly conduct. Johnson confirmed he has no criminal convictions. Alkhawaja says the 2002 incident involved a misunderstanding with an undercover officer and he was released at the station without charges. "I believe they are bringing this up to try to justify their actions," Johnson said. Camp Pendleton has partnered with ICE since at least 2025 on what the base calls a "security initiative" for identity verification. ICE has removed more than 16,000 people from the San Diego region between January 2025 and April 2026.

What to do

  • If you have a pending asylum case and a work permit, talk to an immigration attorney before entering any military base, federal building, or other enforcement-heavy location. Your work permit does not guarantee you will not be detained.
  • If ICE arrests you, you have the right to remain silent. Do not sign any documents — including voluntary departure forms — without speaking to a lawyer first. Lawyers recommend saying clearly: "I want to speak to an attorney."
  • If you are detained, contact an immigration attorney or a legal aid organization immediately. In San Diego, organizations such as the one representing Alkhawaja offer representation. Ask about a bond hearing — a court proceeding where a judge decides whether you can be released while your case continues.
  • If ICE offers you money to leave the country voluntarily, know that accepting means giving up your right to fight your case in immigration court. Consult an attorney before making any decision.

Related: our step-by-step guide — “Appealing to the BIA”.

Attorney's Advice on This Topic
Илья Фишкин — иммиграционный адвокат
Ilya Fishkin

Immigration attorney, 20+ years of experience

Fishkin Law Firm, New York

Asylum applicants with pending cases and valid EADs are in a legally vulnerable position: the work permit proves authorization to work, but it does not confer lawful status, which means ICE can still arrest and place you in removal proceedings. If you are arrested, immediately invoke your right to a bond hearing before an immigration judge — that is your fastest path out of detention while your asylum case continues. Do not accept voluntary departure or any cash offer without consulting an immigration attorney, because doing so waives your right to fight your case in court.

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Frequently Asked Questions

Can ICE arrest me if I have a valid work permit?

Yes. A work permit (EAD) shows you are authorized to work, but it does not give you full legal immigration status. If your underlying case — such as an asylum application — is still pending, ICE can still detain you and place you in removal proceedings. This is the legal gap that affected Alkhawaja.

What is a removal proceeding and what happens next?

Removal proceedings (also called deportation proceedings) are a formal legal process in immigration court. A judge decides whether you can stay in the US. You have the right to present your case, bring evidence, and have an attorney represent you. The process can take months or years.

What should I do if ICE arrests me at a checkpoint or military base?

Stay calm. You have the right to remain silent. Say clearly: "I want to speak to an attorney." Do not sign any documents. Do not accept any offer — including money to leave — without legal advice. Contact an immigration attorney or legal aid organization as soon as possible.

Can an old arrest — even without a conviction — affect my immigration case?

It can be used against you by immigration authorities, even if the arrest never led to charges or a conviction. In Alkhawaja's case, DHS cited a 2002 arrest with no conviction. His attorney says he has no criminal record. If you have any past arrests, tell your immigration attorney so they can prepare a response.

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