I’m Wasting Away: Syrian Man Detained in Eloy After Winning Case

(ARIZONA, UNITED STATES) A Syrian man who won protection from deportation last year remains locked inside the Eloy Detention Center after more than two years in custody, underscoring how a legal victory does not always lead to freedom in the United States 🇺🇸 immigration system.

In November 2024, an immigration judge granted Kamel Maklad “withholding of removal,” finding he would likely face serious harm if sent back to Syria. But the ruling did not order his release, and it did not give him a path to stay permanently. He is still detained while Immigration and Customs Enforcement searches for any third country that might take him.

What withholding of removal means — and what it doesn’t

The case has drawn attention because withholding of removal is a narrow form of protection:

• It stops deportation to a specific country (here, Syria).
• It does not:
  • confer legal permanent status,
  • automatically provide work authorization,
  • or provide a path to a green card.

As Maklad put it in a short phone interview arranged by advocates, “I’m wasting away.” He said he believed the court’s decision would bring relief after months in custody, only to discover that he could remain in detention with no clear end date despite the ruling in his favor.

Maklad’s journey and detention history

• Maklad fled Syria amid the civil war and settled in Venezuela for about a decade, where he learned Spanish and built a modest life.
• When his Venezuelan residency lapsed, he traveled north, reached the U.S. border in 2023, and surrendered to Border Patrol to request asylum.
• He was taken into custody and held at Eloy, a desert facility run by CoreCivic under contract with ICE.
• Months later, officials tried to deport him to Venezuela. He says Venezuelan authorities refused to accept him and returned him to the United States after roughly half an hour at the airport.

That brief transfer back set the stage for his court win and his continuing confinement. The judge’s decision to grant withholding of removal means a U.S. court found it more likely than not that he would face persecution or torture if returned to Syria. However, the order does not block the government from trying to send him to another country if one will admit him.

Government policy and third-country removals

• Under policies pressed during President Trump’s term, ICE expanded efforts to identify third countries for deportations, even in cases like Maklad’s.
• Now, he remains in legal limbo while officials explore options, with no public clarity on which nation, if any, would receive him.

Advocates say those negotiations with foreign authorities can stretch on for months or longer, turning protection into a paper shield while the person remains in a carceral setting.

Conditions at Eloy Detention Center and health concerns

The Eloy Detention Center has faced years of criticism from detainees and advocacy groups. Reported issues include:

• broken air conditioning during extreme heat,
• delays in medical care,
• overcrowded housing units,
• verbal mistreatment by staff.

Maklad’s supporters say his mental and physical health have worsened as the months pass. His account mirrors other reports from migrants who secured court protection but stayed detained anyway, raising questions about how often the federal government uses jail-like settings to manage people who present no flight risk and have already won part of their Syrian asylum case.

Legal distinctions: asylum vs. withholding of removal

Lawyers who work on these matters highlight common confusion between two forms of protection:

• Asylum:
  • Can lead to permanent status.
  • Has a strict one-year filing deadline and broader bars.
• Withholding of removal:
  • Is protection without a long-term solution.
  • Carries a higher standard of proof but more limited benefits.

Both are requested on the same application, Form I-589, and both involve fears of harm if returned. The U.S. government explains these protections on its asylum webpages, including the distinction between relief types and the consequences of each.

For general background, see the U.S. Citizenship and Immigration Services overview of asylum and related protections at USCIS Asylum. For applicants seeking to file, the official Application for Asylum and for Withholding of Removal (I-589) is available at Application for Asylum and for Withholding of Removal (I-589).

Legal and advocacy perspectives

Maklad’s attorney says the continued detention is especially hard to justify after a court has found that return to Syria is unsafe.

“This is a man who followed the process, presented evidence, met a demanding legal standard, and still wakes up behind bars every day,” the lawyer said, describing the situation as punitive without serving a clear purpose.

• ICE has not publicly detailed its current efforts to remove him elsewhere and typically does not comment on individual cases, citing privacy and operational concerns.
• CoreCivic has pointed to its contract obligations and says it meets federal standards.
• Advocacy organizations dispute those claims and press for alternatives to detention.

According to analysis by VisaVerge.com, withholdings of removal often create a complicated path forward if the person cannot be sent home and lacks a third-country option. People in this position may receive work authorization in limited circumstances, but they remain subject to ICE supervision and can face years of uncertainty.

Advocates argue that prolonged detention in such cases is costly to taxpayers and harmful to detainees, particularly when community-based supervision programs can ensure compliance with immigration requirements without confinement.

Complicating factors in Maklad’s case

Maklad’s brief Venezuelan history further complicates his situation:

• Officials may see his Venezuela stay as grounds to request admission there again.
• His Venezuelan residency expired, and his account of being turned away on arrival suggests that route may be closed.

For now, he wakes up in a windowless room with other detainees, calls family when he can, and waits for word from his attorney.

“I believed the judge,” he said softly. “I thought it meant I could start again.”

Broader system implications and community responses

• Immigration judges weigh heavy evidence to grant withholding of removal, and the “more likely than not” standard sets a high bar.
• In practice, a win should stop deportation to the country of feared harm. Yet because the law allows removal to another country as an alternative, the government sometimes keeps people detained while it negotiates with foreign authorities.
• Community groups in Arizona have called for ICE to release detainees with court-ordered protection, arguing that parole or other non-detained options can meet the government’s needs.

They note that release to sponsors, check-ins, and electronic monitoring—where appropriate—are common in many immigration cases. Former detainees describe how freedom often helps them:

• focus on legal appeals,
• gather evidence,
• manage health conditions.

In detention, by contrast, medical appointments and legal calls can be delayed, and access to documents is limited, compounding stress for people already fleeing trauma.

Key takeaway

Maklad’s Syrian asylum case began with a simple request at the border: protection from harm. It has become a test of how the system treats those who meet the legal standard for safety but remain locked inside. As he waits in Eloy Detention Center, his words capture the weight of that gap between judgment and justice:

“I’m wasting away.”