HOUSTON — A Houston man who showed up for what was supposed to be a routine asylum interview never made it home. Instead, he was taken into ICE custody on the spot despite being married to a U.S. citizen, having no criminal history, and following every step of the process “by the book,” according to his attorney.
Now, his husband is speaking exclusively with KHOU 11, demanding answers and pleading for his release.
"It was a trap," said David Torres.
Torres says November 4 started like any other day. His husband, Jorge, arrived at a USCIS office for a long-awaited asylum interview, a step they hoped would finally bring stability after years of navigating the immigration system.
Minutes after being sworn in, ICE officers walked into the room and arrested him.
“They [Jorge and his attorney] were both stunned and shocked,” Torres said.
Now 28 days in custody
Jorge was first held inside ICE’s Montgomery Processing Center for 11 days. Then, without warning, he was transferred 50 miles away to the Polk Adult Detention Facility in Livingston, where he remains more than 2 weeks later.
“It’s just heartless to me,” Torres said.
A dangerous journey and a difficult choice
Torres says Jorge fled Honduras in 2016, fearing he would be killed because he is gay. Although he could have applied for legal residency through their marriage, the process would have required him to return to Honduras for weeks -- something he was terrified to do.
“He’s so afraid to go back,” Torres said. “He wanted to do this asylum route.”
Their attorney, Patrick Pettibon, says nothing about Jorge’s record explains the arrest.
“He was employed. No criminal history. He was doing everything right,” Pettibon told KHOU 11. “Individuals are being detained at these interviews at a much higher rate than we’ve seen in the past.”
Pettibon calls it an unprecedented tactic -- one he believes is aimed at boosting ICE’s arrest numbers.
Deportation is now a real possibility
Jorge could remain in detention for months while his case moves forward.
“Is deportation on the table?" asked KHOU 11's Marcelino Benito.
"Yes,” Pettibon said. “It’s certainly a risk anytime someone is in proceedings.”
Torres says his husband is not the “worst of the worst” the Trump administration has vowed to remove. He’s a husband, a provider, and someone simply seeking safety.
“I’m hopeful he’ll walk back through the door," said Torres. "I have to be.”
What’s next
Jorge’s next hearing is scheduled for Thursday, December 4, at the Conroe Immigration Court, one of the toughest jurisdictions in the country. Judges there have denied asylum 80.5% of the time since 2019, compared to a 58% denial rate nationwide.
KHOU 11 reached out to ICE for comment. The agency provided this statement:
On Nov. 4, ICE officers encountered Jorge Amado Hernandez, an illegal alien from Honduras, in Houston, Texas, identified him as a target and arrested him as part of routine daily operations. Previously, U.S. Border Patrol agents arrested Hernandez Jan. 31, 2016, in McAllen, Texas, after he crossed illegally into the United States. Following this month’s arrest, ICE placed Hernandez into immigration proceedings for being present in the United States without lawful admission or parole. He remains in ICE custody pending outcome of immigration proceedings at the Livingston Detention Facility in Livingston, Texas.
Since March, DHS has actively promoted the use of the CBP Home app as a tool to facilitate compliance with immigration processes. Aliens who take advantage of this resource are offered a free flight home, a $1,000 stipend, and the chance to come back to the United States the legal way.
ICE Enforcement and Removal Operations Houston remains committed to its mission of enforcing immigration laws and locating individuals who are not legally present in the United States - criminal history is not a prerequisite for enforcement. This work is essential to maintaining the integrity of our immigration system.
If you'd like to help the family with mounting legal fees, you can do so here.
We will continue following this case and provide updates on KHOU.com and the KHOU 11 app.