Cuban Detained by ICE After Minor Infraction at Florida Beach Escalates

In a surprising turn of events, Azael Martínez Sánchez, a 47-year-old Cuban national, was taken into custody on a Florida beach after being caught with an open beer can. This seemingly trivial offense led to local authorities contacting ICE, resulting in a federal immigration hold against him. The incident, which unfolded at New Smyrna Beach in Volusia County, has sparked controversy due to how a minor violation could escalate to federal immigration proceedings.

The Minor Offense That Triggered a Federal Case

On Friday, June 13, shortly after 3:30 p.m. local time, a patrol officer at New Smyrna Beach spotted Martínez Sánchez holding an open 12-ounce can of Modelo Especial beer. According to Fox Orlando, the "Volusia County deputy observed Azael Martínez Sánchez with an open beer can (a violation of beach rules) and detained him.” Body camera footage captured the moment Martínez Sánchez was placed under arrest. The officer can be heard saying, “Unfortunately, I have to take you to the branch jail. I need you to turn around and put your hands behind your back.” At the time, the detainee was sitting in the back of a truck with another young man and a cooler.

Local Regulations and Initial Contact with ICE

Volusia County, like many areas in Florida, enforces strict rules against the possession and consumption of alcoholic beverages on public beaches. These regulations fall under state laws concerning "open containers," which restrict alcohol consumption in public spaces. However, the situation escalated into a federal matter due to the officer's subsequent actions. The arrest affidavit states that the officer "emailed a copy of the report to Homeland Security Investigations (HSI) 'after reasonably believing the suspect is unlawfully present in the country'.” The sheriff's office confirmed contact was made with the U.S. Immigration and Customs Enforcement (ICE), which verified that Martínez Sánchez had an active immigration detainer. As reported by Fox Orlando, it was the deputy who "reported the incident to ICE to request a detainer.”

Interrogation and Immigration Background

During questioning, agents gathered information documented in the affidavit. Some of the questions and responses included:

• When did you enter the country? — January 2023.
• How did you enter the country? — By plane.
• Where did you enter the country? — Florida.
• Have you been to any other states before Florida? — No.

This exchange reinforced the officer's suspicion that Martínez Sánchez was unlawfully present in the country, prompting the ICE notification and subsequent federal arrest.

Institutional Context: Local Authorities' Role in Immigration

In a February statement, the Volusia County sheriff's office clarified its stance on immigration: “We have proactively notified ICE when identifying a criminal we believe is unlawfully in this country.” They emphasized that “local law enforcement was not previously authorized to play a direct role in immigration enforcement.” This case exemplifies how, under the current cooperative approach between local and federal authorities in Florida, a minor infraction can trigger immigration procedures that might lead to the detainee's deportation. As of Monday, Azael Martínez Sánchez remained in custody at the Volusia County jail while ICE coordinates his immigration status.

At the time of this report, no further details have emerged, drawing public attention due to the perceived disparity between the initial infraction—merely having an open beer can—and the severe consequences that followed. While authorities acted within legal bounds, the incident raises debate about the criminalization of minor behaviors and their use as gateways to severe immigration processes.