Fact Check – Was 18 Year Old Alim Garipov Living in the U.S. Legally Before His ICE Detention?

The detention of 18-year-old Alim Garipov by U.S. Immigration and Customs Enforcement (ICE) has drawn national attention and prompted questions about his immigration status. Garipov, a student at Bellaire High School in Houston, was detained on July 17 and released three days later.

Following his detention, claims circulated online that he had been living in the United States legally for several years because he had a pending asylum case. A review of available information shows the issue is more nuanced.

Claim

The claim gained attention after Garipov’s teacher, Dr. Trevor Boffone, shared an Instagram video urging support for the student.

In the video, Boffone said Garipov “has been in the country legally for five years, and he has a pending asylum case from Russia.”

The statement led to questions about whether a pending asylum application automatically means someone has lawful immigration status.

Verdict

Based on publicly available information, the claim is partly true.

Garipov was initially lawfully admitted to the United States in May 2022 and was authorized to remain for six months, according to ICE.

His attorney has said the family applied for asylum shortly after arriving in the country. While a pending asylum application can allow an applicant to remain in the United States while the case is under review, it does not, by itself, provide lawful immigration status.

Status

ICE disputed claims that Garipov had legal immigration status at the time of his detention.

“A pending application does not confer any type of legal status in the United States,” an ICE spokesperson said following the arrest.

The agency added that individuals who are not in lawful immigration status may be subject to detention or removal proceedings.

Law

Federal immigration guidance distinguishes between lawful immigration status and authorization to remain in the country while an asylum application is pending.

A 2021 decision by the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office states that filing an asylum application does not extend or create lawful immigration status.

However, a 1996 Immigration and Naturalization Service policy memorandum explains that asylum applicants generally may remain in the United States while their applications are being considered, even though they do not receive lawful nonimmigrant status simply by filing.

Immigration Issue	Explanation
Initial Entry	Lawfully admitted in May 2022
Authorized Stay	Six months, according to ICE
Asylum Application	Filed after arrival, according to attorney
Pending Asylum	May allow applicant to remain while case is reviewed
Lawful Status	A pending asylum application does not itself confer lawful immigration status

Timeline

According to KHOU 11, Garipov’s immigration attorney, Olsa Alikaj-Cano, said the family submitted an asylum application shortly after arriving in the United States in 2022.

ICE confirmed Garipov was detained on July 17, 2026.

On July 20, U.S. Rep. Lizzie Fletcher announced that he had been released from ICE custody.

The available evidence supports a more precise interpretation of the claim. Alim Garipov was lawfully admitted to the United States when he entered in 2022. After his initial authorized period expired, his pending asylum application may have allowed him to remain in the country while his case was under review.

However, under federal immigration guidance and USCIS policy, a pending asylum application does not itself grant lawful immigration status. For that reason, the claim that he was simply “living in the U.S. legally” is only partly accurate and depends on the distinction between lawful immigration status and authorization to remain during an active asylum case.

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