DACA detentions spark concerns among legal advocates in the present
In a concerning turn of events, several recipients of the Deferred Action for Childhood Arrivals (DACA) program are facing potential deportation, according to a tally by the "Enforcement Tracker" organized by a coalition of immigration rights advocacy organizations called "Home is Here."
One such individual is Erick Hernandez, an Uber driver from Los Angeles, who was detained by U.S. Immigration and Customs Enforcement (ICE) agents in June 2021 after making a wrong turn near the San Ysidro Port of Entry in San Diego. Hernandez, who hails from El Salvador, has no criminal record that would disqualify him from the DACA program. However, the specific place and exact date of his incarceration after the deportation order are not yet known.
Another DACA recipient, Javier Diaz Santana, was arrested in early June 2021, during a time when President Donald Trump deployed the National Guard to Los Angeles. Diaz Santana, who has been in the country since he was about 5 years old, was held for over 20 days before being released on bond. Despite his DACA status, he could not effectively communicate this to ICE personnel during his detention, potentially putting his future in jeopardy.
DACA, which began under President Barack Obama in 2012, 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, cases like Diaz Santana's and Hernandez's suggest that these protections may not be enough to shield recipients from the reach of immigration authorities.
In 2013, DHS initiated removal proceedings against Diaz Santana because of a failed asylum application, but the court administratively closed the case since he had DACA. However, the government has now reopened that case in an attempt to deport him to Mexico. Similarly, the fate of Paulo Gamez Lira, a resident of El Paso, Texas, remains uncertain after his arrest by immigration authorities on Aug. 13. Gamez Lira has been held at the Otero County Processing Center in New Mexico since his arrest and is now facing removal proceedings.
It's important to note that applicants for DACA are 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 restriction could potentially complicate matters for DACA recipients who may need to leave the country for personal or professional reasons.
In a statement, a DHS spokesperson identified Hernandez as an "illegal alien from Mexico," but immigration attorney Valerie Sigamani clarified that he is from El Salvador. This misidentification underscores the importance of accurate and sensitive reporting when it comes to issues related to immigration and the individuals affected by it.
For DACA recipients like Hernandez and Diaz Santana, the future remains uncertain. As the debate over immigration policy continues, it's crucial to remember the human stories behind the headlines, and to advocate for policies that protect and support these individuals rather than putting them at risk of deportation.
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