Austin student taken into ICE custody; Attorney, Rep. Greg Casar call for his release

High school student in Austin taken into ICE custody

One Austin student is sitting in ICE detention. Friends, attorneys, and Congressman Greg Casar are now pushing for the release of 18-year-old Luis Fernando Cabrera.

AUSTIN, Texas - As many high school seniors across Central Texas prepare to walk the stage this month, one Austin student is instead sitting in ICE detention. 

Friends, attorneys, and Congressman Greg Casar are now pushing for the release of 18-year-old Luis Fernando Cabrera.

The backstory:

Classmates of Cabrera said, right now, they are worried there’s going to be an empty seat at graduation.

"I hope it's not going to be an empty seat, that they will change their minds and see that he's a great person and let him out," Cabrera’s friend, Juan Carlos Coronato Gonzales said.

Cabrera is currently in ICE custody. His attorney said he was on his way home from his closing shift at Popeye’s when he was pulled over.

"Just so shocking and especially because he was coming out of work, like anybody else, like they're doing crazy stuff and cops aren't on them, but they're on people that are doing the best they can for their family and their friends," Gonzales said.

In a statement, an ICE official said: "Luis Cabrera Chavarria, 18, an illegal alien from Mexico, was arrested by ICE San Antonio May 1. Cabrera Chavarria was encountered by officers, and he freely admitted to having no legal basis or documentation to remain in the U.S. He entered illegally on July 28, 2019, as a family unit and will remain in ICE custody pending completion of his immigration proceedings."

18-year-old Luis Fernando Cabrera (Picture courtesy: Holi Zaday Cabrera)

Cabrera’s attorney, Jim Harrington, said there is no reason for him to be detained.

"We know from his conduct and what he's done to support his family and to graduate, he's not a flight risk, so there's no reason to detain him," Cabrera’s attorney, Jim Harrington, said.

Congressman Greg Casar, also calling for Cabrera’s release, said the teen has been balancing schools, sports, and work to help his family pay rent.

"What more do we want in terms of a respectful person who's doing the best that he can, who was brought here by his family, and is doing the best he can," Harrington said.

Harrington said Cabrera came to the U.S. when he was 11 years old, had an asylum case pending, and planned to attend Austin Community College after graduation. Harrington said he has filed a habeas corpus, asking a judge to let him come home.

In a statement, an ICE official said: "Being in detention is a choice. We encourage all illegal aliens to take control of their departure with the CBP Home App. The United States is offering illegal aliens $2,600 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live the American dream. If not, you will be arrested and deported without a chance to return."

"Of course, ICE says well, if you don't like it, you can leave. But you have lived here for seven years, your family's here, your friends are here, you're working here. I mean, that's absurd," Harrington said.

What they're saying:

Texas DPS released a statement on the incident:

"On May 1, 2026, at approximately 2:00 a.m., a Texas Department of Public Safety (DPS) Trooper conducted a traffic stop on a vehicle for expired registration along IH-35 in Austin. During the traffic stop, the Trooper was unable to verify the driver’s identity through DPS databases. Through further investigation, the Trooper – a federally certified Delegated Immigration Officer under 287g – determined the driver was not lawfully present in the United States and contacted Immigration and Customs Enforcement (ICE) for assistance. We’d refer you to ICE for any further information.

As you may know, in October 2025, DPS signed 287g agreements with ICE – yet another piece in an overall collaboration with our federal partners that has been ongoing for years to combat illegal immigration and remove criminal illegal immigrants from our communities. This partnership remains in full force. DPS officers in every region across Texas – including Troopers and Special Agents – have undergone 287g certification training to become Delegated Immigration Officers and are authorized by ICE to identify, arrest or detain individuals with an immigration violation. 

For years, DPS officers working on Texas roads have been trained to recognize indicators of someone who may be in the country illegally. When encountering illegal immigrants during traffic stops or other law enforcement operations, all DPS officers – regardless of 287g certification or being assigned to a strike team working alongside our federal partners – know to notify federal law enforcement partners, including ICE, Homeland Security Investigations (HSI) and Border Patrol. And, for over a year, these agencies have been increasingly responsive to our calls for assistance around the clock."

What's next:

It is unclear how long the immigration process could take, or whether Cabrera could eventually face deportation.

A hearing date hasn’t been set yet.