VOLUSIA COUNTY, Fla. – A 47-year-old man remains in custody five days after being arrested on New Smyrna Beach for having an open container of alcohol, a violation that legal experts say typically results in a citation or fine.
But the man’s immigration status appears to have played a role in his continued detention.
The Volusia County Sheriff’s Office said deputies were patrolling the beach on Friday when they encountered Azael Martinez Sanchez, 47, holding a beer.
During the interaction, deputies contacted U.S. Immigration and Customs Enforcement (ICE), which placed a federal detainer on Sanchez.
Body camera footage shows the moment deputies informed Sanchez he was being taken to jail. Deputies later confirmed he was being held under a federal warrant issued by ICE.
[See News 6 reporting after Sanchez’s arrest below]
Gordon Baggett, who owns a strawberry farm near New Smyrna Beach, said he has employed Sanchez for two years and verified his legal status before hiring him.
“He’s here legally. I checked that before I hired him, the first day,” Baggett told News 6. “He’s not a bad guy. He’s a good guy.”
Baggett said Sanchez had applied for asylum from Cuba and provided documentation to support his case. He described Sanchez as hardworking and selfless, often sending money and supplies back to family in Cuba.
“He keeps hardly anything for himself. He wears the same clothes all the time. I buy him clothes, and he sends them to Cuba,” Baggett said.
Immigration attorney Ileana Rivera, based in Orlando, said she is seeing a rise in immigration holds tied to minor infractions.
“I think (law enforcement officers) are being too harsh. That’s unnecessary,” Rivera said. “To have someone in jail for a long period of time, waiting on a hearing when all they did was an open container, it’s not right.”
The Volusia Sheriff’s Office previously stated in a February post that deputies notify ICE when they identify individuals believed to be in the U.S. illegally.
Baggett said he felt compelled to speak out after seeing Sanchez’s story in the news.
“I saw the story last night and I thought, ‘That’s my guy,’” Baggett said. “Thank you for showing the other side of the story.”
As of Tuesday evening, jail records indicate Sanchez remains in custody.