NEW YORK, NEW YORK - JUNE 6: An ICE agent monitors hundreds of asylum seekers being processed upon entering the Jacob K. Javits Federal Building on June 6, 2023 in New York City. New York City has provided sanctuary to over 46,000 asylum seekers since 2013, when the city passed a law prohibiting city agencies from cooperating with federal immigration enforcement agencies unless there is a warrant for the person's arrest.(Photo by David Dee Delgado/Getty Images)
San Diego, California – A 22-year-old Venezuelan military defector seeking asylum in the U.S. was arrested by Immigration and Customs Enforcement (ICE) agents Wednesday morning outside a San Diego federal courthouse, just moments after authorities dismissed his immigration case, an outcome his attorney says the government typically considers a step forward for asylum seekers.
According to his attorney, Michael Hirman, the man, identified only as “José” to protect his safety, had served as a lieutenant in the Venezuelan army and received specialized training in Cuba. José fled Venezuela after becoming disillusioned with what he viewed as corruption and oppression within the military.
“He loves freedom,” Hirman said. “He’s the kind of person who is willing to give his life for this country. He is exactly the kind of person who should be granted asylum.”
José arrived in San Diego in January after a perilous journey through the Darién Gap, hoping to find refuge and ultimately join the U.S. military.
According to Hirman, Wednesday’s hearing resulted in the Department of Homeland Security dismissing José’s removal proceedings, allowing his case to proceed through U.S. Citizenship and Immigration Services (USCIS).
Instead, Hirman said, ICE agents were waiting outside the courtroom.
“They asked him his name, confirmed who he was, and then immediately detained him,” Hirman said. “It was like they tricked us.”
José’s family was devastated, especially his aunt, who had embraced him moments earlier. “She thought it was over,” Hirman said. “Then she watched ICE tear him from her arms.”
ICE did not respond to a request for comment about José’s arrest or the broader practice of detaining asylum seekers after hearings.
Hirman called the move unprecedented in his 20 years of immigration law practice. “You weren’t paying a dime for him before this morning,” he said. “Now, taxpayers are covering food, shelter, and medical care—for what?”
José’s family fears authorities will execute him if he’s deported. “His life is in danger,” said his uncle. “This country is supposed to protect our rights.”
Hirman said he’s learned of similar arrests nationwide. “There’s an epidemic of this happening,” he said. José may face a credible-fear interview next week, but his fate remains uncertain until then.
“If he goes back,” Hirman warned, “he will be shot immediately.”
