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Rise in DACA apprehensions spark concern among legal supporters

Immigrant detainees, numbering at least 18, who were part of the DACA program, have been forcibly deported or find themselves in imminent danger of being sent back to their countries of origin, following encounters with immigration officials.

Raising concerns among legal advocates: Latest DACA arrests spark debate
Raising concerns among legal advocates: Latest DACA arrests spark debate

In a series of recent events, several recipients of the Deferred Action for Childhood Arrivals (DACA) program have found themselves in the crosshairs of immigration authorities.

Paulo Gamez Lira, a resident of El Paso, Texas, was arrested on Aug. 13 by immigration authorities despite being a DACA recipient. Gamez Lira, who was brought to the U.S. from Mexico as an infant and has lived nearly his entire life in the El Paso area, was charged with possession of marijuana in 2016 but ultimately pleaded guilty to disorderly conduct after the charges were reduced.

Erick Hernandez, an Uber driver in Los Angeles, was detained by Border Patrol agents after making a wrong turn and inadvertently entering Mexico. Despite having no criminal record that would disqualify him from the DACA program, Hernandez is now facing possible deportation to El Salvador, a country he fled 20 years ago when he was 14.

Javier Diaz Santana, a man who worked at a car wash just outside Los Angeles, was arrested during a crackdown on crime and illegal immigration. Diaz-Santana, who has been in the country since he was about 5 years old, was detained because he was unable to communicate his DACA status to officers. ICE staff provided him with a communications board and an American sign language interpreter during his detention. Diaz-Santana was held for over 20 days before being released on bond.

The "Enforcement Tracker" organized by a coalition of immigrant rights advocacy organizations, called "Home is Here," tallies up at least 18 cases where recipients of the DACA program have been deported or are at risk of being deported after being detained by immigration authorities since President Donald Trump took office.

DACA recipients are prohibited from traveling out of the country without authorization and must continuously live in the U.S. since they submitted their most recent application. The tracker includes cases of DACA recipients with no criminal records, as well as those with criminal histories that do not necessarily exclude them from the program. Specific names of former DACA recipients arrested or deported under the Trump administration for illegal immigration reasons are not publicly disclosed in a comprehensive list due to privacy and legal reasons.

In a statement written from detention, Hernandez expressed feeling discriminated against since his arrest. According to his attorney, Valerie Sigamani, Hernandez has no criminal history that would render him ineligible for DACA.

Gamez Lira has three children, including a 3-month old daughter who suffers from medical issues and spent the first month and a half of her life in the neonatal intensive care unit. His arrest has caused significant distress for his family, who are now faced with the possibility of being separated.

The government has reopened removal proceedings against Diaz-Santana in an attempt to deport him to Mexico. The DHS spokesperson identified Hernandez as an "illegal alien from Mexico," but his attorney states he is from El Salvador.

These cases highlight the uncertainty and fear that many DACA recipients face, even those with no criminal records. As the future of the DACA program remains uncertain, advocates continue to push for a permanent solution for these individuals who call the U.S. their home.

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