Federal immigration authorities detained a Florida grandfather and former Venezuelan army major who had sought asylum in the United States after fleeing the government of Nicolás Maduro, family members said.
Henry Morales Hernandez, 55, has been in U.S. Immigration and Customs Enforcement custody since May, following a traffic stop in Collier County, Florida, the previous month. A filing from the State Attorney’s Office for Florida’s 20th Judicial Circuit showed that last month, prosecutors dropped a criminal charge of driving under the influence tied to the stop, citing insufficient evidence to prove the case beyond a reasonable doubt.
The case comes as the Trump administration has ramped up immigration enforcement, increasing arrests and detentions nationwide under it’s flagship mass deportation policy. The administration has moved to narrow protections for some migrants, including Venezuelans, while tightening legal pathways for immigrants.
Esmeralda San Andres Morales, an American citizen, disputed the circumstances of the arrest, telling Newsweek her husband had consumed a small amount of alcohol and was not impaired.
“He was taken in based on false allegations,” she said, adding that a breath test showed a blood alcohol level of about 0.03, and that her husband had no prior criminal record.
Morales Hernandez’s Breath Test Results
A booking report from the Collier County Sheriff’s Office lists the results of Morales Hernandez’s breath tests as 0.036 and 0.037. The results were below Florida’s legal limit of 0.08 for driving under the influence, though state law allows charges based on observed impairment.
A Department of Homeland Security spokesperson told Newsweek in an emailed statement, “Local law enforcement partners in Naples, Florida arrested Henry Morales Hernandez, an illegal alien from Venezuela, for driving under the influence.”
The agency said ICE lodged a detainer the same day, and that Morales Hernandez was taken into custody on May 1 while awaiting immigration proceedings.
“Hernandez will receive full due process and will remain in ICE custody, pending immigration proceedings,” the spokesperson said.
How Morales Hernandez Arrived in the US?
According to ICE, Morales Hernandez first entered the country through Miami on a tourist visa. He has lived in the United States since 2021 and has an active asylum case in immigration court, his family said.
He previously lived in Argentina for over a decade after leaving Venezuela, where he served in the military from 1993 to 2008, rising to the rank of major.
According to his immigration documents, Morales Hernandez graduated from Venezuela’s military academy in 1993 and served in the 42nd Parachute Infantry Brigade, where he specialized in airborne and paratrooper operations. The filing said he participated in counterinsurgency operations near the Colombian border and was wounded in both legs during a 1997 confrontation with armed groups linked to the National Liberation Army and the Revolutionary Armed Forces of Colombia.
The document said he later held intelligence and command roles and worked with senior officers who publicly opposed the government of then-President Hugo Chávez. In his filing, Morales Hernandez said he became critical of the government and feared retaliation, leading him to leave the military in the late 2000s.
He later relocated to Argentina, where he remained active in Venezuelan opposition circles abroad, according to the filing, before eventually traveling to the United States to seek asylum.
“He is terrified of being deported back to Venezuela, which would be a death sentence,” his wife told Newsweek.
An immigration judge denied him bond in May, according to family members. His wife said the decision relied on the arrest report despite the criminal case being dismissed.
Documents submitted in his immigration case said Morales Hernandez sought asylum after facing threats linked to his opposition to the Venezuelan government. His application was referred to immigration court, where proceedings remain ongoing.
Temporary Protected Status in Limbo
Morales Hernandez also held Temporary Protected Status (TPS), a federal program allowing nationals of certain countries to remain in the United States because of conditions such as conflict or instability, according to records shared with Newsweek.
Venezuela was first designated for TPS in 2021 amid political turmoil, economic collapse and widespread human rights concerns under the Maduro regime. Hundreds of thousands of Venezuelans became eligible for temporary legal protection and work authorization under the program.
However, the future of those protections has become uncertain following a series of policy changes under the Trump administration. In 2025, the administration moved to terminate TPS protections for Venezuelans, arguing that conditions in the country no longer justified the designation. The decision triggered multiple legal challenges, creating uncertainty for Venezuelan TPS holders nationwide.
In May 2025, the U.S. Supreme Court allowed the administration to proceed with ending TPS protections for many Venezuelans while litigation continues. Some beneficiaries remain covered under limited court-ordered protections, depending on their individual circumstances.
In January, U.S. forces captured Maduro in Caracas and transferred him to New York, where he faces federal charges that include narco-terrorism and drug trafficking.
Family ‘Devastated’ by Arrest
According to Esmeralda San Andres Morales, her husband is the family’s primary source of income, and she described his detention as financially and emotionally difficult.
“We are devastated,” she said.
Morales Hernandez is being held at Glades County Detention Center after being transferred between facilities, according to his wife.
In support letters submitted to the immigration court, relatives described him as a caregiver and provider.
Isaiah Acevedo, Morales Hernandez’s stepson, who is serving as an active-duty infantry noncommissioned officer in the U.S. Army, described him as a significant influence in his life.
“In my life, Henry has had a very positive impact. His work ethic and commitment have driven me to excel in my service to this country and continue to drive me to do more,” he wrote in a letter reviewed by Newsweek.
Morales Hernandez’s stepdaughter Izandria Zabala, 19, wrote in a letter that he “has consistently demonstrated integrity, responsibility, and a deep commitment to his family and community.” She added that he had been “the father I’ve needed all these years.” She said his absence “would be deeply felt by those who depend on him emotionally and financially.”
“He has also welcomed my children as if they were his own grandchildren from the very beginning,” his stepdaughter Imani Acevedo wrote.
Morales Hernandez remains in ICE custody as his immigration case proceeds, with a hearing scheduled later this month, according to family members.
Read the full article here
