DACA apprehensions spark concern among legal proponents
In a series of recent events, several Deferred Action for Childhood Arrivals (DACA) recipients have found themselves in the crosshairs of immigration authorities, despite their legal status in the United States.
On June 1, 2021, Erick Hernandez, an Uber driver from El Salvador, was detained by Border Patrol agents after making a wrong turn and being unable to take the next exit due to an accident. Despite his DACA status, Hernandez is now facing possible deportation to El Salvador, having no criminal record that would disqualify him from the programme.
Similarly, Javier Diaz Santana, who has been in the country since he was about 5 years old, was arrested at his car wash job in early June 2021 during a crackdown on crime and illegal immigration. Diaz Santano, who is deaf and communicates through sign language, was unable to communicate his DACA status to officers and was detained. ICE staff provided him with a communication board and an American sign language interpreter during his detention.
Diaz Santana was held for over 20 days in a detention facility in Texas before being released on bond. However, the government has reopened removal proceedings against him, despite his DACA status. Valerie Sigamani, Hernandez's attorney, stated that in the past, DHS has been open to negotiation and understanding in similar situations, but currently it's difficult to negotiate with DHS.
The DHS spokesperson stated that the individuals in question are "illegal aliens" and that this Administration is not going to ignore the rule of law. The organization "Home is Here" planned to release the cases of DACA recipients who were arrested or faced deportation by the Trump administration, despite having been protected under President Barack Obama, but the specific details of their plans are not available in the provided search results.
Another DACA recipient, Paulo Gamez Lira, from El Paso, Texas, was arrested on August 13, 2020, by federal agents despite being a DACA recipient. Gamez Lira has lived nearly his entire life in the El Paso area and has three children, including a 3-month old daughter who spent the first month and a half of her life in the neonatal intensive care unit. In 2016, Gamez Lira was charged with possession of marijuana but ultimately pleaded guilty to disorderly conduct after the charges were reduced. DHS confirmed Gamez Lira's arrest, calling him a "criminal illegal alien, with a previous arrest for marijuana possession." Gamez Lira has been held at the Otero County Processing Center in New Mexico since his arrest and is now facing removal proceedings.
DACA provides deportation protections for people who were brought to the U.S. as children, allowing them to stay in the country and work legally on a two-year, renewable term. However, DACA recipients are ineligible for the program if they have been convicted of a felony, a "significant" misdemeanor or are "otherwise deemed to pose a threat to national security or public safety."
Juliana Macedo do Nascimento, a spokesperson for United We Dream, stated that this is just the tip of the iceberg and that many more DACA recipients are at risk of being deported. She urges for a more compassionate approach towards these individuals who have built their lives in the United States.
The U.S. Citizenship and Immigration Services website states that applicants for DACA are also prohibited from traveling out of the country without authorization and they must continuously live in the U.S. since they submitted their most recent application. This has raised concerns among DACA recipients about their future in the country they call home.
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