JACKSONVILLE, Fla. — After a Venezuelan man working for St. Johns County Public Schools was detained by ICE agents last week, Action News Jax is looking into the challenges employers are facing with many immigrants losing their temporary protected status.
St. Johns County Schools employee Leonel Armando Bolivar Linares legally entered the country and was granted Temporary Protected Status in 2023.
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TPS for Venezuelans expired in October of last year, but some like Bolivar were allowed to keep their work authorization through October 2nd of this year.
Even still, Bolivar was detained by ICE officials on his way to work last week.
“The U.S. Supreme Court upheld the termination of the 2023 Venezuela Temporary Protected Status designation. Bolivar does not have legal authorization to remain in the United States and will remain in ICE custody for immigration proceedings,” an ICE spokesperson told Action News Jax in an emailed statement.
According to St. Johns County Public Schools, the district never received any notification indicating Bolivar’s legal status had changed.
“This is a situation out of our purview, did not happen on a school campus, and we have no legal authority over ICE,” said a district spokesperson.
According to the Asylum Seeker Advocacy Project, court rulings have allowed some Venezuelans to keep their TPS and work authorization through October 2nd, 2026, while others kept their work authorization but lost their TPS.
The organization’s TPS update page notes “having a work permit alone does not automatically provide protection against deportation or detention”.
SJCPS was not immediately able to confirm which category Bolivar would have fallen in.
Immigration Attorney Rebecca Black argued Bolivar’s case highlights the complexities facing employers as they attempt to navigate an ever-changing and nuanced immigration system.
“What a nightmare, you know, if I were in HR,” said Black.
Under Florida law, companies with more than 25 employees must check new hires’ immigration status through the federal E-Verify system.
Employers also must terminate employees if they learn they’ve lost legal status, but there’s not an explicit requirement for employers recheck employees’ immigration status after the initial check after they’re hired.
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Given statuses of certain immigrants, especially those here on temporary protected status, may change from day to day depending on developments in court, it can be difficult to stay up to speed.
And getting it wrong can result in serious consequences.
“They can suffer big fines, you know, and if it’s egregious enough in whatever matter, then you can be charged in federal court,” said Black.
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State Representative Dean Black (R-Jacksonville) argued he’d like to see federal legislation putting the onus on the government to notify companies when there’s a change in their employees’ legal status.
“There is an entity that should have that information, and there should be a way to communicate that information, and I think that would be a lot smoother for everyone,” said Rep. Black.
According to St. Johns County Public Schools, Bolivar is still technically employed by the district, but has been put on leave status.
The Florida Education Association released the following statement Tuesday about Bolivar’s case:
“We have been made aware that ICE provided a statement to a local news station in which a Department of Homeland Security spokesperson claims: “Bolivar Linares [is] “an illegal alien of Venezuela,” and was arrested by ICE officers in Jacksonville during targeted operations on Aug. 6. Further, the spokesperson, as shared in a news report, continues on to claim “Bolivar does not have legal authorization to remain in the United States and will remain in ICE custody for immigration proceedings.”
“Immigration proceedings are complicated and complex and often individualized per the person or family that needs assistance. When members of our community are unjustly targeted, we must clarify the record.
“As confirmed by Leonel’s current legal counsel, Leonel is in the country under authorization by U.S. Citizenship and Immigration Services (USCIS) through a pending asylum case. This means that as his case is pending, Leonel is lawfully present. He obtained a valid work permit allowing him authorization to work in the United States. While Leonel is not a US Citizen, he was granted an official notice from USCIS to be in and work in the United States until the status of his asylum case is decided, which has not yet occurred.
“Leonel’s first hearing regarding his detainment is August 26 at 1 p.m. and he is currently being held in Sanderson, Florida.”
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