Navy Sailor's Father Arrested by ICE During Deployment
Joshua Aviles has been deployed on the USS Abraham Lincoln for over nine months, working 12-hour days in the Middle East. Then he got a call: his father had just been taken by ICE. His father had a work permit, a Social Security card, and a green card application already in the system — and none of it stopped the arrest.
You have been at sea for nine months, working 12-hour shifts in a combat zone, and then your phone rings. That is exactly what happened to Joshua Aviles, a sailor aboard the USS Abraham Lincoln. While deployed in the Middle East, he got a call that his father, Luis Manuel Aviles Roa, had been arrested by US Border Patrol during a vehicle stop in Key West, Florida.
What happened and what DHS said
Border Patrol stopped Luis Manuel Aviles Roa, originally from Nicaragua, and turned him over to Immigration and Customs Enforcement (ICE). The Department of Homeland Security (DHS) said he entered the US illegally and would remain in ICE detention while his removal proceedings — the formal legal process to decide whether someone is deported — move forward. DHS added: "Having a family member in the military is not a free pass to violate our nation's laws."
Deportation Defense Checklist — Free
Immigrant rights, appeals and protective measures
Joshua Aviles said his father had a driver's license, a Social Security card, and a valid work permit (also called an EAD, or Employment Authorization Document). He also said the family had been working through the immigration system to get a green card approved and was still waiting for a decision. "We have done everything through immigration to get his green card approved," Joshua wrote online. "This is heartbreaking for me."
Rights groups say the current immigration enforcement crackdown has raised serious due process concerns, particularly for ethnic minorities who report racial profiling during vehicle stops and other encounters. The USS Abraham Lincoln left the Middle East after setting a modern-day record of more than 200 consecutive days at sea — a deployment so long that Democratic lawmakers had already called for answers about sailors' living conditions and morale on board.
What to do
- If a family member is detained by ICE, contact an immigration lawyer immediately. A detained person has the right to an immigration bond hearing, where a judge can decide whether they may be released while their case continues.
- Ask ICE which detention facility holds your family member. You can search the ICE detainee locator at ice.gov to find their location and case number.
- Gather all immigration documents — work permits, Social Security cards, any USCIS receipts or approval notices — and bring them to your attorney before the first immigration court hearing.
- If a pending green card application (Form I-485, the application for a green card from inside the US) or other petition exists, your lawyer may be able to use that as part of a defense against removal.
A full breakdown of this topic — in our guide “Deportation Defense”.
Fishkin Law Firm, New York
Having a valid work permit (EAD) and a pending green card application does not grant protection from ICE detention, but it is legally significant. An attorney can file an emergency motion to stay removal and argue at a bond hearing that the person is not a flight risk and has strong ties to the US — including a family member serving in the military. If the green card petition is approved while someone is in detention, that changes the legal landscape considerably. Anyone in this situation should consult an immigration attorney before the first immigration court date.
Frequently Asked Questions
Can ICE arrest someone who has a valid work permit?
Yes. A work permit (EAD) gives you the right to work legally in the US, but it does not protect you from arrest if DHS believes you entered the country illegally or violated immigration law. It can, however, be relevant evidence in your immigration court hearing.
What is a removal proceeding and what happens during one?
A removal proceeding is the formal legal process where an immigration judge decides whether someone should be deported. You have the right to appear before a judge, present evidence, and have a lawyer represent you — though the government does not provide a free attorney in immigration court.
Does having a family member in the US military help in immigration court?
It can be a factor, but DHS has stated it is not automatic protection. An immigration attorney can argue it as evidence of strong family ties and community roots during a bond hearing or in fighting removal.
What is an immigration bond hearing and how do I request one?
A bond hearing is a court appearance where an immigration judge decides if a detained person can be released while their case continues, and at what cost. Your attorney can request one after your family member is placed in ICE detention. The sooner you request it, the better.