Detention Background
Immigration authorities in the United States have detained Henry Morales Hernandez, a 55-year-old grandfather from Florida and former army major from Venezuela. He sought asylum in the U.S. after fleeing Venezuela due to his opposition to Nicolás Maduro’s government, according to his family.
Morales Hernandez has been under U.S. Immigration and Customs Enforcement (ICE) custody since May, following a traffic stop in Collier County, Florida. A legal filing from Florida’s 20th Judicial Circuit State Attorney’s Office reported that the prosecution dropped the driving under the influence charge linked to this stop, citing insufficient evidence for conviction.
Arrest and Legal Proceedings
The arrest occurred amid the Trump administration’s heightened immigration enforcement efforts, which included increased arrests and detentions. These policies have reduced protections for some migrants, like Venezuelans, and tightened immigration pathways.
Esmeralda San Andres Morales, a U.S. citizen and Henry’s wife, challenged the arrest’s basis. She told Newsweek that her husband consumed minimal alcohol and was not impaired, with a breath test indicating a blood alcohol level of approximately 0.03, well below the legal limit.
Breath Test Results
The Collier County Sheriff’s Office recorded Morales Hernandez’s breath test results as 0.036 and 0.037, below Florida’s legal limit of 0.08. Despite this, state law allows charges based on observed impairment.
A Department of Homeland Security spokesperson confirmed Henry’s arrest for DUI as an illegal alien from Venezuela and stated ICE had detained him on May 1, pending immigration proceedings.
Immigration Background
Morales Hernandez entered the U.S. through Miami on a tourist visa in 2021, where he actively pursued asylum. Previously, he resided in Argentina for over a decade after departing Venezuela, where he was a military major from 1993 to 2008. He engaged in operations near the Colombian border and sustained injuries in a conflict with groups like the National Liberation Army.
His involvement in Venezuelan military intelligence and associations with officers opposing Hugo Chávez prompted concerns about retaliation, driving his decision to leave Venezuela. In Argentina, he remained active in opposition groups before seeking asylum in the U.S., fearing deportation to Venezuela would be life-threatening.
Current Status and Legal Argument
An immigration judge denied Morales Hernandez bond in May, relying on the arrest report, despite the dismissal of criminal charges. His asylum case continues in immigration court based on threats linked to his Venezuelan government opposition.
He also held Temporary Protected Status (TPS), a U.S. federal program offering temporary legal protection due to Venezuela’s political turmoil. However, under the Trump administration, TPS protections faced an uncertain future. In January 2025, Maduro’s capture by U.S. forces further complicated policies as the administration worked to end TPS for Venezuelans, pending ongoing litigation.
Family Impact and Support
Esmeralda San Andres Morales emphasized her husband’s role as the family’s primary income source, noting financial and emotional struggles due to his detention. Morales Hernandez is currently held at Glades County Detention Center.
Family members, including his stepson Isaiah Acevedo, an active-duty U.S. Army officer, submitted letters to the court highlighting his profound influence as a caregiver and provider. Stepdaughter Izandria Zabala praised his integrity and familial commitment, pointing out the emotional and financial void his absence would create.
Morales Hernandez’s case continues in ICE custody, with a court hearing scheduled later this month, according to his family.
Leave a Reply