You Have a Pending Asylum Case and a Work Permit. Why Can ICE Still Detain You?

You Have a Pending Asylum Case and a Work Permit. Why Can ICE Still Detain You?
The detention of Denis Javier Palacios Hernandez, a stateless Nicaraguan former political prisoner, exposes a common misunderstanding: a pending asylum case and a work permit are not an immigration status.

At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On September 16, 2026, Immigration and Customs Enforcement (ICE) detained Denis Javier Palacios Hernandez, a 38-year-old Nicaraguan dissident, in Virginia as he headed to work at six in the morning.

Palacios holds a valid work permit and has a pending asylum case. Many readers are in exactly that position and are asking the same question. Here is what is known, what is not, and what you can do.

Who is he, and why is his case unusual?

Palacios was jailed in Nicaragua on July 23, 2019 and spent roughly three years and seven months in custody. On February 9, 2023 he was released and expelled to the United States with the group of 222 political prisoners. Shortly afterward, Nicaragua stripped him of his nationality, as it did with others in that group.

That makes him stateless: no country recognizes him as a citizen. According to the Grupo de Reflexión de Excarcelados Políticos (GREX), he works at a poultry plant, has no family in the United States, and has committed no crime. The organization asked for his immediate release so he can continue his asylum case.

His detention came two days after that of Nicaraguan journalist Luis Galeano, according to reports.

Does a work permit protect you from detention?

No, and this is the distinction worth getting right.

  • A pending asylum case is not an immigration status. Form I-589 lets you request protection and, in most cases, remain while it is decided. It does not grant residency and it does not make you immune to arrest.
  • A work permit (EAD) is employment authorization, not a green card and not a safe-conduct pass. It exists precisely because your case is still open.
  • Detention is not deportation. Being detained by ICE does not mean a removal order exists. Only an immigration judge issues one.
  • Bond may be available. In many cases you can request bond before the immigration court, though some categories carry mandatory detention. It depends on your history and how you entered the country.

In short: having your paperwork in order lowers the risk but does not remove it. Organizations tracking these cases have been warning about this for months.

What happens when someone has no nationality?

This is where the case becomes legally complex, and it is useful for anyone in a similar position.

Removing someone requires a country willing to accept them and a travel document. If Nicaragua does not recognize him as a citizen, that document does not exist. In Zadvydas v. Davis, the Supreme Court held that detention after a final order cannot continue indefinitely when there is no reasonable prospect of removal, using six months as a benchmark.

Beyond asylum, a person alleging political persecution may also seek withholding of removal and protection under the Convention Against Torture. These are separate forms of relief with separate requirements, and they are not granted on their own: they have to be raised at the right procedural moment.

None of this means release is automatic. It means arguments exist, and they are lost when no one raises them in time.

What can you do if you are in a similar position?

  • Carry proof of your case: a copy of the I-589 receipt, your work permit, and your most recent court notice. A photo on your phone is not enough; leave physical copies with someone you trust.
  • Update your address: with the immigration court and with U.S. Citizenship and Immigration Services (USCIS), within 10 days. A notice that never reaches you can become an in absentia removal order.
  • Build a family plan: who speaks for you, who has your attorney’s number, who cares for the children, where the documents are kept.
  • Preserve the evidence of your persecution: complaints, news clippings, rulings, medical records. It is the heart of an asylum case and it is usually scattered.
  • Do not travel abroad without authorization: leaving with a pending asylum case and no advance parole is presumed to be abandonment of the application.
  • Get advice before you sign: never accept voluntary departure or sign documents without counsel.

Protect Your Immigration Status with Campos Law Firm

A strong asylum case is not the one filed fastest, but the one that arrives with organized evidence and alternative protections raised from the start. At Campos Law Firm, we handle political persecution cases with that approach: document it, anticipate detention, and have ready what would be needed the day someone has to ask for bond. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.

Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.

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