Phoenix immigration attorney Ray Ybarra Maldonado has spent 17 years practicing immigration law — and says he has never witnessed anything like what is happening now at Sky Harbor Airport. His firm is now representing two Argentinian acrobats arrested there last weekend by plainclothes ICE agents, a case that is drawing attention to a surge in airport enforcement actions targeting asylum seekers with no criminal records.
Agustin Baccega and Gustavo Romanello, a married couple, entered the United States on visas in 2020 and applied for asylum shortly after arriving. At the time of their arrest, both men had active asylum petitions, valid work permits, and clean criminal histories. ICE has described the arrest as a “targeted enforcement action.”
An Attorney’s Alarm
Maldonado says the couple fits a profile he has seen increasingly targeted this year — people who entered the country legally, filed their paperwork on time, and complied with immigration requirements throughout their cases. For him, that makes the arrests especially troubling.
“We’re talking about individuals who follow the law, and ask for entry into the country, timely file asylum applications, have work permits that give them authorization to work from anywhere in the country. Nonetheless, ICE goes and surprises them, and essentially kidnaps them at the airport.”
He also raised concerns about how ICE appears to be using asylum applicants’ own disclosures against them. In the asylum process, individuals share detailed personal information — including how they were threatened or harmed in their home countries — as part of their case.
“ICE is now trying to set up a process by, if you voluntarily give you information [sic], about how you were abused, and how your life is threatened in your country of origin, instead of an interview at USCIS, we can just show up at your house, put you in handcuffs and put you in a detention center. I’ve been an immigration attorney now for 17 years, and I’ve never seen this level of activity by ICE at the airport when people have affirmative pending applications.”
What Happened at the Airport
ICE confirmed the arrests of Baccega and Romanello, stating that both men had overstayed their visas. When asked why the agency moved against individuals with ongoing asylum cases, agency spokesperson Fernando Burgos-Ortiz said that “work authorization or a pending application does not grant legal status in the United States.”
ICE declined to answer questions about how agents knew the couple would be at the airport or whether they had warrants. Burgos-Ortiz said in an email, “For operational and security reasons, we do not disclose law enforcement methods.”
Maldonado said airport arrests like this one, including at Phoenix Sky Harbor, have been rising, though attorneys are not yet certain whether the airport itself plays a specific role in how ICE selects targets.
The Airport’s Position
Monica Hernandez, a spokesperson for Phoenix Sky Harbor International Airport, said the airport is not notified when federal law enforcement carries out operations on its grounds, and the City of Phoenix Aviation Department does not receive passenger information. Still, she confirmed that federal agencies are permitted to operate throughout airport property.
“PHX is a public-use airport subject to federal regulation and federal agencies have access to airport property. This includes pre- and post-security areas in the terminals, the airfield, and other public areas such as parking facilities,” Hernandez said in an email. She directed further questions to the Department of Homeland Security.
Broader Immigration Context
The arrests come amid a range of escalating immigration enforcement actions across the country. The Fronteras Desk has reported that the Supreme Court is set to hear a case over whether people can be barred from seeking asylum at the U.S. border, stemming from a Day 1 proclamation by President Trump that declared an invasion at the border and suspended the asylum process. Reporting by Alisa Reznick also notes that it has been 100 days since federal funding for immigrant children’s legal services was cut, leaving thousands of cases unresolved while the administration fast-tracks deportations for minors.
On the political front, Arizona’s Gallego has said Democrats may need to work with the Trump administration on immigration reform, as reported by Camryn Sanchez. Members of Arizona’s congressional delegation argued Thursday in Washington that the Democratic Party must embrace a stronger stance on border security. Meanwhile, Mexico’s president told reporters that migrant caravans will not reach the U.S.-Mexico border as Trump threatens higher tariffs, according to Nina Kravinsky‘s reporting.
Separately, the Department of Homeland Security may direct significant resources toward expanding detention capacity. According to reporting by Wayne Schutsky, ICE could pay the city of Surprise more than $8 million for water infrastructure tied to a proposed new detention facility, based on a draft report concluding the center would substantially increase local water demand.
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