ST. JOHNS COUNTY, Fla. – An immigration attorney says the detention of a St. Johns County school custodian by federal immigration authorities highlights the risks facing immigrants who have no criminal record, but whose legal status has changed.
Leonel Armando Bolivar Linares, 29, was detained by U.S. Immigration and Customs Enforcement while on his way to work. Linares came to the United States legally from Venezuela in 2023 and worked as a custodian at a St. Johns County school.
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His mother, Diana Linares, said her son does not deserve what is happening to him.
“I feel very sad because my son is going through something he doesn’t deserve,” she said.
The Department of Homeland Security described Linares as an “illegal alien of Venezuela” and said he overstayed his legal status following changes involving Temporary Protected Status, or TPS.
TPS is a federal program that allows eligible nationals of certain countries to remain temporarily in the United States because of conditions in their home countries that make it unsafe to return.
The case comes after the U.S. Supreme Court allowed the federal government to terminate the 2023 TPS designation for Venezuela.
Immigration attorney Renata Castro, of USA 4 ALL, said Linares’ case illustrates how immigration enforcement can affect people who have not been accused of a crime.
“It is heartbreaking, but as a practicing attorney, I am not surprised,” Castro said.
“Immigration enforcement in Jacksonville has always been very stern, even prior to the current environment that we’re living in immigration-wise,” she said. “It just goes to show that currently, you don’t need to be a criminal to be treated as such.”
Castro said she believes the case should serve as a warning to other immigrants with pending immigration matters.
She said immigration detention in Florida has increased, including among people without criminal records who have pending immigration cases.
Castro also said she believes ICE wants cases like this to draw attention.
“This case, if you think about it, hard-working man, no criminal record, pillar of the community, working in a local school,” Castro said. “ICE wants to send a message that no one is safe. You don’t have to be committing a crime to be a target.”
What happens next?
Linares remains in immigration detention while his case moves through the legal system.
Castro said his attorney could seek relief in federal court through a habeas petition, along with asking for an immigration bond.
She estimated the legal process could take at least 45 to 60 days and said the family could face between $15,000 and $20,000 in legal fees for a habeas petition and bond proceeding.
If Linares is granted bond, Castro said he could potentially continue fighting his immigration case outside of detention.
But if he is not granted bond, she said the risk of deportation increases significantly.
“If he doesn’t get that bond, then the likelihood that he will be deported is very high,” Castro said.
The case underscores the importance of understanding changes to immigration status, particularly for people who have relied on temporary protections such as TPS.
Castro recommends that immigrants with pending cases seek qualified immigration counsel and make sure they understand their current legal status.
News4JAX has reached out to federal officials for additional information about Linares’ case and will continue to report on any developments.