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Father of sailor aboard USS Lincoln detained by Border Patrol in Key West

Luis Manuel Aviles, father of Navy sailor Joshua Aviles deployed aboard USS Abraham Lincoln, was arrested by Border Patrol during a traffic stop in Key West, Florida, on Saturday. DHS confirmed Aviles entered the U.S. illegally and remains in ICE custody facing deportation. The detention comes as immigration authorities have apprehended more than 50 military family members during the current administration.

Joshua Aviles, a Navy sailor nine months into a Middle East deployment aboard USS Abraham Lincoln, learned while at sea that his father had been arrested by immigration authorities and was facing deportation. According to NBC News, Luis Manuel Aviles, originally from Nicaragua, was detained shortly after 11 a.m. ET on Saturday in Key West, Florida, during a traffic stop near a Publix supermarket as he was headed to a mechanic. The Department of Homeland Security confirmed that Border Patrol arrested Aviles and said he entered the U.S. illegally at an unknown date and location. DHS stated Aviles would remain in ICE custody pending removal proceedings. When contacted by Telemundo, DHS clarified that "work authorization or a pending application do NOT confer legal status in the United States." According to NBC News, Joshua Aviles's stepdaughter Katty Delgado said Luis Manuel Aviles has been in the U.S. for roughly 20 years and has no known arrest history or criminal allegations against him. Joshua Aviles told NBC News his father has a work permit, a Social Security card, and a driver's license. DHS did not dispute this account of the absence of a criminal record, according to CBS News, but stated that "having a family member in the military is not a free pass to violate our nation's laws." Joshua Aviles posted on Facebook: "I've been deployed for over nine months, out at sea in the Middle East aboard the USS Abraham Lincoln, fighting for a country that has given me everything." He wrote: "I just got a call that my dad was taken by ICE. If you know my dad, you know he is a hardworking, humble man who is always willing to help anyone if he can." In another post, he stated: "This is heartbreaking for me. I don't know how I can mentally continue working 12+ hour days knowing that my dad is somewhere, possibly being treated like a criminal." According to CBS News, Delgado said Joshua Aviles has told her he is having trouble sleeping and eating. The case occurs as immigration authorities have detained more than 50 parents and spouses of service members during the current administration, according to an Associated Press investigation cited by NBC News. The U.S. Citizenship and Immigration Services website states those "discretionary options" for military family protection are offered on a "case-by-case basis," per NBC News. It was not immediately clear whether Luis Manuel Aviles was enrolled in or eligible for such a program. DHS stated: "We are simply enforcing the laws passed by Congress. This Administration does not pick and choose which laws to enforce." The agency also said: "Military service by an immediate relative does not automatically grant parole, lawful status, or immunity from immigration enforcement." The USS Abraham Lincoln left San Diego on November 25 and broke the Navy record for time without a port call, with more than eight months passing since its last port visit in December, according to NBC News. The Navy said Saturday the Lincoln officially left the Middle East en route to the West Coast, a journey that could take a month or more, per NBC News reporting. Joshua Aviles has limited internet access while deployed, according to NBC News.

The key fact

Joshua Aviles, deployed nine months aboard USS Abraham Lincoln in the Middle East, learned while at sea that his father was detained by Border Patrol and faces deportation, despite the family's account that he has lived and worked in the U.S. for roughly 20 years.

The Bottom Line

Watch whether Luis Manuel Aviles' case prompts changes to the discretionary military family protection program that DHS administers, or whether Congress moves to create statutory protection for military family members in enforcement proceedings. The case would be materially altered if Aviles were enrolled in or eligible for discretionary protection at the time of his arrest and DHS enforcement proceeded regardless.

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Sources

  1. nbcnews.com lean-left / high
  2. cbsnews.com lean-left / high

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