Azael Martínez Sánchez, a 47-year-old Cuban citizen, was arrested on a beach in Florida after being caught with an open can of beer, leading to local authorities notifying ICE and a warrant for his immigration arrest being issued.
The incident, which took place in New Smyrna Beach, in Volusia County, has drawn attention and sparked controversy due to the way a minor offense escalated into a federal immigration case.
The offense that sparked the process
The incident occurred on Friday, June 13, shortly after 3:30 p.m. (local time), when an officer patrolling New Smyrna Beach saw Martínez Sánchez holding an open, uncapped 355 ml (12-ounce) can of Modelo Especial beer.
According to the local outlet Fox Orlando, the "Volusia County agent observed Azael Martínez Sánchez with an open beer can (a violation of beach regulations) and apprehended him.”
The images from the body camera of the officer show the moment when Martínez Sánchez was placed in custody.
In the video, the officer can clearly 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.”
The detainee was at that moment with another young man, sitting in the back of a pickup truck next to a cooler.
Local regulations and first contact with ICE
The county of Volusia, like many other jurisdictions in Florida, prohibits the possession and consumption of alcoholic beverages on its public beaches.
This regulation falls under state laws regarding "open containers," which restrict the consumption of alcohol in public spaces.
However, what turned this arrest into a federal case was the subsequent actions of the agent.
According to the affidavit of arrest, the officer "emailed a copy of the report to Homeland Security Investigations (HSI) 'after reasonably believing that the defendant is in the country illegally'."
The sheriff's office confirmed that it also contacted the U.S. Immigration and Customs Enforcement (ICE).
This entity verified that Martínez Sánchez had an active immigration arrest warrant.
In the words of Fox Orlando, it was the agent who "reported the incident to ICE to request a detention order."
Interrogation and immigration history
During the interrogation, the agents gathered information that was included in the affidavit of the case.
Some of the recorded questions and answers were as follows:
When did you enter the country? — January 2023.
How did you enter the country? — By plane.
Where did you enter the country? — Florida.
What other states were you in before Florida? — In none.
This exchange reinforced the agent's suspicions that Martínez Sánchez was in the country illegally, which prompted the notification to ICE and the eventual federal arrest.
Institutional context: The role of local authorities in immigration
In a February post, the Volusia County Sheriff's Office clarified its policy regarding immigration: “We have proactively notified ICE when we identify a criminal we believe is in this country illegally.”
On that occasion, they added that "local law enforcement authorities were not previously authorized to play a direct role in the enforcement of immigration law."
This case illustrates how, under a cooperative approach between local and federal authorities - like the one currently maintained in Florida - a minor infraction can lead to the activation of immigration procedures that can potentially result in the deportation of the detainee.
The aforementioned source indicated that, as of this Monday, Azael Martínez Sánchez remains detained in the Volusia County jail, in custody, while ICE coordinates his immigration status.
As of the closing of this note, no additional details have come to light, which has drawn public attention due to the perceived disproportion between the initial offense—a mere open can of beer—and the serious consequences that resulted from it.
While the authorities acted within the legal framework, the case raises debate about the criminalization of minor offenses and their use as a gateway to severe immigration processes.
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