Navy Sailor's Father Released After ICE Arrest in Key West
You leave your house to take your car to the mechanic, and by that evening you are in an immigration detention center in Miami. That is what happened to Luis Manuel Aviles — a 48-year-old handyman with a US work permit, and the father of a Navy sailor who just broke a military record for time at sea. He was released within hours, but the case has shaken military families across the country.
You have a work permit, you've lived in the US for nearly two decades, and one morning you drive to the mechanic — and end up in immigration detention by nightfall. That is what happened to Luis Manuel Aviles, 48, a handyman from Key West, Florida, on Saturday. His son Joshua is a US Navy sailor who has spent nine months aboard the USS Abraham Lincoln aircraft carrier in the Middle East, part of a deployment that broke the US military record for uninterrupted time at sea.
An immigration judge dismissed Aviles's case on Monday — just hours after he was booked into a detention center in Miami, according to Department of Justice records. Joshua posted on Facebook on Tuesday that his father had been released from federal immigration custody. Immigration attorney Margaret Stock, who works with military families, called the rapid sequence of arrest, filing, and dismissal "super unusual." The Department of Homeland Security did not explain why Aviles was arrested or why he was subsequently released.
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Aviles, originally from Nicaragua, has lived in the US for 19 years. His wife Argelia said he held a valid work permit at the time of his arrest. His case is the latest in a pattern of ICE arrests targeting immediate family members of active-duty US service members — a practice that elected officials have now referred to a congressional investigation into DHS. Joshua told followers he had been working 12-hour days without a break since the Lincoln left US shores in November, with duties that include moving aircraft on the ship's deck.
What This Means for Families in Similar Situations
Aviles's release does not mean the threat is gone for others. ICE has been arresting family members of enlisted soldiers across the country, and a work permit alone does not guarantee protection from detention. If you or a family member is detained by ICE, the first hours matter most — an immigration judge can dismiss a case quickly, but only if someone files the right paperwork fast. Removal proceedings can move at any speed, and without legal representation, a case can be decided before a family even knows what happened.
What to do
- If ICE arrests you or a family member, contact an immigration lawyer immediately — the Aviles case shows that a judge can dismiss charges within hours, but only if someone acts fast.
- If you are the family member of an active-duty US service member, tell your attorney right away. Courts and judges may treat these cases differently, and your attorney can raise that connection as part of your defense.
- Keep copies of all immigration documents — work permits (Form I-765 EAD), visa approvals, and any correspondence with USCIS — in a place your family can access without you.
- If you are detained, you have the right to a hearing before an immigration judge. Do not sign any voluntary departure or removal documents without speaking to a lawyer first.
What to do, step by step — see our guide “Your Rights During an ICE Encounter”.
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When a person with a valid work permit is detained by ICE, the first move is to request an emergency bond hearing and place the military family connection front and center — immigration judges have discretion, and that context can matter. The Aviles dismissal happened fast, which tells me someone filed quickly and the judge saw a problem with the government's case. Anyone in a similar situation should not wait to see what happens: get an attorney on the phone the same day as the arrest, because removal proceedings can accelerate without warning.
Frequently Asked Questions
Can ICE arrest someone who has a valid US work permit?
Yes. A work permit (Form I-765 EAD) gives you the right to work in the US, but it does not automatically protect you from ICE detention if the government believes you entered the country without authorization or violated immigration law. The Aviles case shows this can happen even after nearly 20 years of living in the US.
What happens after ICE arrests someone? How fast can they be deported?
After an ICE arrest, a person is usually booked into a detention center and placed into removal proceedings before an immigration judge. In some cases — like Aviles's — a judge can dismiss the case within hours. In others, the process takes weeks or months. Speed depends on the specific charges, whether the person has a lawyer, and how quickly hearings are scheduled.
Does having a family member in the US military protect you from deportation?
Not automatically. There is no law that fully shields a service member's family from ICE enforcement. However, being the parent or spouse of an active-duty soldier can be raised as a factor in immigration court, and some judges weigh it heavily. Congress is currently investigating DHS's practice of arresting military family members.
What should I do if ICE shows up at my door or arrests me on the street?
You have the right to remain silent and the right to speak with an attorney. Do not sign any documents — including voluntary departure forms — without legal advice. Contact an immigration lawyer as soon as possible. If you are detained, your family can call the ICE detainee locator online to find out where you are being held.