Luis Manuel Avilés returned to his family this Tuesday, after spending several days in immigration custody in Florida. His detention had caused controversy because his son, Joshua Avilés, is a U.S. Navy sailor who had been deployed for nine months aboard the aircraft carrier USS Abraham Lincoln in the Middle East.
The family confirmed the release in a message posted on Facebook by Joshua. “Luis has already returned to our family. We are very grateful for all the support you have given to both Luis and Josh during this situation,” the statement said. The family added that they would take time to be together while awaiting Joshua’s return, and asked for understanding and respect during that period.
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have not explained why Avilés was detained or what subsequently led to his release.
The detention
Avilés, originally from Nicaragua, had been living in the United States for about two decades and worked as a handyman and in maintenance tasks in Key West, Florida. The Border Patrol arrested him on Saturday during a traffic stop, when he had left home to take his car to the mechanic.
His family stated that he had a driver’s license, Social Security number, and work permit, and that he had filed paperwork to obtain permanent residency. They also maintained that he had a pending immigration case. The DHS, however, said that Avilés had entered the United States illegally and would remain in ICE custody while his deportation process moved forward.
The agency defended its decision with an argument that had generated controversy since the moment of detention: “Having a family member in the Armed Forces is not a free pass to violate the laws of our country.” In another message, the DHS noted that the military service of an immediate family member “does not automatically grant parole, legal status, or immunity from immigration enforcement actions.”
The situation changed rapidly. According to Department of Justice records, an immigration judge dismissed Avilés’s case on Monday, just hours after he was admitted to an immigration detention center in Miami.
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The detention had been especially difficult for Joshua Avilés due to the conditions of his deployment. The sailor has been aboard the USS Abraham Lincoln for more than nine months, which has remained at sea for a record period while participating in operations related to the war with Iran.
Joshua Avilés made his father’s detention public on Saturday in a post. He said he had been working more than 12-hour shifts for months and found it difficult to continue with his responsibilities while unaware of what was happening with his father.
The USS Abraham Lincoln had also begun to receive attention for the conditions its crew members faced, including concerns about supplies and mental health. The aircraft carrier left the Middle East on Saturday and began its return to the United States.
The arrest also occurred at a time of increased migratory activity in Key West. According to a report by NBC News, the Key West Immigrant Support Network said it had detected an increase in detentions in recent days and verified 28 detentions during that week. Many of the affected individuals had work authorizations and were pursuing legal processes to remain in the United States, according to that report.
According to the organization, Avilés was one of at least seven immigrants detained in Key West on Saturday. The case gained greater relevance because it occurred amidst other detentions of family members of U.S. military personnel. According to an Associated Press count, immigration authorities had detained more than 50 family members of active-duty military personnel during Donald Trump’s second term.
