ICE Arrested Him at a Military Base With a Valid Work Permit
You have a valid work permit. Your asylum case is open. You have no criminal convictions. Then ICE agents show up and put you in chains. That is exactly what happened to Assim Alkhawaja, a 53-year-old from Saudi Arabia who was arrested while dropping off Lyft passengers at a military base in San Diego — and his story is a warning for anyone who believes doing everything right keeps them safe.
Arrested at the gate — with papers in hand
In February 2026, Assim Alkhawaja pulled up to the main entrance of Camp Pendleton, a large Marine Corps base in San Diego County, to drop off two Lyft passengers. A gate guard scanned his valid driver's license, then asked for more ID. Alkhawaja handed over his active work permit — valid through February 2030. Minutes later, two ICE agents appeared. They asked whether he had a court date for his pending 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 away.
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 shared a room with eight others. Detainees could not use the restroom at night, he said. Drinking water smelled bad. Phone calls, snacks, and hygiene products all cost money. CoreCivic, the private company that manages Otay Mesa, said in a statement that the safety and wellbeing of detainees is its "top priority" and that the water comes from the same municipal source used by the surrounding San Diego community. After his release, Alkhawaja was placed in removal proceedings — the formal legal process that can end in deportation — and fitted with a GPS ankle monitor typically used for high-risk individuals on parole. He now reports to immigration officials almost every week.
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Immigrant rights, appeals and protective measures
His attorney, Sydney Johnson of a San Diego immigration law firm, explained the legal gap that made this possible. Asylum seekers can apply for and receive a work permit (Form I-765, the Employment Authorization Document) while their case is pending. But having that permit does not mean they have formal "legal status" in the US. That distinction — invisible to most people — is what ICE used to justify the arrest. "You can do everything right and you can still get screwed," Johnson said. The Department of Homeland Security, in response to questions about the arrest, called Alkhawaja "a criminal illegal alien" and cited a 2002 arrest for disorderly conduct. Johnson confirmed he has no criminal convictions. The 2002 incident, she said, did not result in any charges. "I believe they are bringing this up to try to justify their actions," she said.
San Diego: a quieter but constant wave of arrests
Alkhawaja's case is not isolated. ICE removed more than 16,000 people from the San Diego region alone 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 gate — and ICE arrests at military bases across the county have spiked since then. Johnson said Alkhawaja's experience matches what she has heard from other clients arrested at Camp Pendleton. "The tactics change, but the goal is the same," she said — "to make it harder for people to want to fight their case here, and to make them just give up."
What to do
- Know your rights at a checkpoint. You are not required to answer questions about your immigration status from ICE agents without an attorney present. You have the right to remain silent. Say clearly: "I am exercising my right to remain silent. I want to speak to a lawyer."
- Carry copies of all your documents — but know their limits. A valid work permit (EAD) and an open asylum case do not guarantee you will not be detained. Keep copies of your I-765 approval notice, any court notices, and your attorney's contact information on your phone and in paper form.
- Set up an emergency contact plan. Tell a trusted person — a family member, friend, or your attorney — what to do if you are detained. They should know your case number, your attorney's phone number, and which detention facility is nearest to you.
- Contact an immigration attorney immediately if you are placed in removal proceedings. Once removal proceedings begin, deadlines move fast. Missing a hearing can result in an automatic deportation order issued in your absence.
Related: our step-by-step guide — “Appealing to the BIA”.
Fishkin Law Firm, New York
Alkhawaja's case illustrates a critical legal gap: an EAD (work permit) issued to an asylum applicant does not confer lawful immigration status, which means ICE retains authority to detain and place that person in removal proceedings even while the asylum case is pending. If you are in this situation, your attorney should immediately file for a bond hearing before an immigration judge — under 8 U.S.C. § 1226, you have the right to request one, and a judge can order your release if you are not a flight risk or danger to the community. An old arrest with no conviction, like the 2002 incident in this case, should not be disqualifying, but DHS may use it to argue against bond, so be prepared to address it. Consult an immigration attorney before your next check-in appointment.
Frequently Asked Questions
Can ICE arrest me if I have a valid work permit and an open asylum case?
Yes. A work permit (EAD) issued to an asylum applicant gives you the right to work, but it does not give you formal legal immigration status. ICE can still detain you and place you in removal proceedings. Having a pending asylum case is a factor in your favor, but it is not a legal shield against arrest.
What happens at a removal proceedings hearing?
Removal proceedings (also called deportation proceedings) take place in immigration court. A judge decides whether you can stay in the US. You have the right to present your case — including your asylum claim — and to have an attorney represent you. If you miss a hearing, the judge can order your deportation without you being present.
Can ICE use an old arrest with no conviction against me?
DHS can bring up past arrests in immigration proceedings, even if they did not result in charges or convictions. However, an arrest alone — with no conviction — is generally not a legal basis to deny asylum or order deportation. Your attorney can challenge how DHS uses that information in court.
What is a bond hearing and how do I request one?
If you are detained by ICE, you can ask an immigration judge for a bond hearing. At that hearing, the judge decides whether to release you and at what cost. You must show that you are not a flight risk and not a danger to the community. Your attorney files the request with the immigration court. Acting quickly matters — the sooner you request the hearing, the sooner you may be released.