California DACA recipient sues Trump administration over her deportation

WASHINGTON- Lawyers for a Sacramento DACA recipient who was deported to Mexico last month have filed a lawsuit against the federal government to secure her immediate return to the United States.

Maria de Jesus Estrada Juarez, 42, was arrested Feb. 18 during a scheduled interview for her green card application. She was deported to Mexico the next day, although she had active protection from deportation through the Obama-era program, Deferred Action for Childhood Arrivals.

According to the lawsuit, Estrada Juarez, who worked as a regional manager for Motel 6, was deported without being notified of a lawful deportation order and without an opportunity to argue her case before an immigration judge.

“Maria’s deportation was illegal and violated basic principles of due process,” said her attorney Stacy Tolchin. “She had valid DACA status, she showed up for her immigration appointment as directed, and she should never have been removed from the country.”

Estrada Juarez’s case attracted public attention and outrage from members of Congress, including Senator Alex Padilla (D-Calif.), after it was published in the Sacramento Bee.

According to his lawsuit, filed Tuesday, it is unclear whether an eviction order was ever issued. And even if such a complaint were filed, the complaint states: “Petitioner could not legally be removed from the United States while he has DACA status.” »

The complaint says the only document Estrada Juarez received was verification of his physical removal from the United States – not a deportation order. The document says she is barred from returning to the United States for 10 years because she was deported by an immigration judge.

The lawsuit calls that claim false: Estrada Juarez has never been in deportation proceedings and has never seen an immigration judge. Her arrest during her immigration interview was the first time she learned she was under deportation order in 1998.

The Department of Homeland Security told the Times that a judge ordered Estrada Juarez deported in 1998 “and she was removed from the United States shortly thereafter.”

“She reentered the United States illegally – a crime,” Homeland Security said. “She was arrested and her final order was reinstated. ICE removed her from the United States on February 19, 2026.”

In 2014, Estrada Juarez traveled to Mexico using a travel authorization for DACA recipients, known as advance parole. She legally returned to the United States on December 28, 2014.

According to the lawsuit, “reinstatement of removal requires unlawful reentry, and petitioner’s last entry was on early parole and therefore would not fall under this ground.”

The lawsuit includes an emergency request to the federal government to facilitate the return of Estrada Juarez while the case is pending.

Estrada Juarez applied for legal permanent residency, or a green card, through her daughter, Damaris Bello, 22, a U.S. citizen. Her DACA status is valid until April 23, according to the lawsuit, and she has a pending renewal application.

Estrada Juarez said the United States, where she has lived for 27 years since arriving at age 15, is the only country she has ever known.

“I followed the rules and showed up to my immigration appointment thinking I was taking another step toward stability,” she said. “Instead, I was separated from my daughter and forced to leave the country overnight. »