deported

WASHINGTON — A federal judge on Monday ordered the government to return to the U.S. a California DACA recipient who was deported last month to Mexico.

U.S. District Judge Dena Coggins in Sacramento gave the government seven days to return Maria de Jesus Estrada Juarez, 42, and restore her protections under the Obama-era program Deferred Action for Childhood Arrivals, “as if her Feb. 19, 2026 removal never occurred.”

A lawyer for Estrada Juarez argued that she was unlawfully deported within a day of appearing at a scheduled immigration appointment in Sacramento.

Lawyers for the government, meanwhile, argued that the court lacked jurisdiction over Estrada Juarez’s case because her petition was filed after she was deported and because her removal was a discretionary decision the government is entitled to.

Coggins said she found the government’s argument “unavailing,” writing in her ruling that Estrada Juarez “was removed in flagrant violation of the regulatory protections afforded to her under DACA, and in violation of the Constitutional protections afforded to her under the Due Process Clause of the Fifth Amendment to the U.S. Constitution.”

In a statement, Estrada Juarez said she was “overwhelmed with relief and hope” after learning the court’s decision.

The Department of Homeland Security said it had reinstated an expedited removal order for Estrada Juarez from 1998, when she was 15. But her lawyer, Stacy Tolchin, said the record showed that the order lacked supervisory approval and was never finalized, so there was no valid removal order to reinstate.

Homeland Security previously told The Times that an immigration judge had ordered Estrada Juarez’s deportation in 1998 “and she was removed from the United States shortly after.” Tolchin said Estrada Juarez never saw an immigration judge.

Estrada Juarez, who worked as a regional manager for Motel 6, has had protection from deportation under DACA since 2013. She applied for legal permanent residency, or a green card, through her daughter, Damaris Bello, 22, who is a U.S. citizen.

Her deportation after the green card interview garnered public attention and outrage from members of Congress, including Sen. Alex Padilla (D-Calif.).

Tolchin filed the lawsuit seeking her return on March 10.

DACA was created to protect undocumented people who were brought to the U.S. as children.

As of June 2025, there were more than 515,000 DACA recipients, known as “Dreamers,” in the U.S. California has 144,000 DACA recipients, the most of any state, according to federal data.

A deaf 6-year-old boy snatched by immigration agents from Northern California and deported to Colombia this month needs to be returned to the U.S. immediately or he could die, a lawyer representing the child said Wednesday.

Attorney Nikolas De Bremaeker said the boy, Joseph Lodano Rodriguez, was “at risk every day that he is not getting his treatments.” The child has a cochlear implant that requires the same routine maintenance and cleaning he was receiving stateside but may not get in Colombia.

“Joseph is at immense risk for his life if he does not continue the treatment that he was receiving in the United States,” De Bremaeker said at a virtual news conference hosted by California Supt. of Public Instruction Tony Thurmond, a Democratic gubernatorial candidate.

“He is at risk of infection, he is at risk of meningitis, he is at risk of death if he is not given the proper care for his surgical implants.”

Joseph, his 28-year-old mother, Lesly Rodriguez Gutierrez, and another son, 5, were detained by federal agents on March 3 while attending an immigration meeting and deported shortly after.

Rodriguez Gutierrez traveled to the United States in 2022 seeking asylum from domestic violence and lived in Hayward. She was told in the run up to the March 3 meeting that she needed to bring her two children for a routine check-in to update the photos Immigration and Customs Enforcement had of them.

Shortly after arriving, ICE agents “tried to force her to sign a document without explanation, and then pushed the family into a vehicle to be put on a flight to a faraway detention facility, “ De Bremaeker told The Times earlier.

The Department of Homeland Security did not respond to questions sent Wednesday after office hours but has consistently said that Rodriguez Gutierrez was “an illegal alien from Colombia” who “illegally entered the United States in 2022.”

She was issued a removal order on Nov. 25, 2024, according to DHS.

Thurmond, the superintendent, called on the public to lobby Congress and the Trump administration “to return Joseph so he can continue his studies.”

Thurmond showed a 40-second clip of Joseph and his family at a Colombian facility for the deaf.

The child appeared to struggle communicating with his sibling and mother, while his brother repeatedly tried to give directions to him in Spanish with little avail.

Joseph’s only language is American Sign Language, Thurmond said. Joseph was studying at the state-funded Fremont’s California School for the Deaf.

“Joseph is struggling,” Thurmond said. “He does not have the ability to communicate with anyone and in many ways, he can barely communicate with his mom. Like Joseph’s mom, Lesly was just beginning to learn American Sign Language.”

Both California senators — Alex Padilla and Adam Schiff — along with state Democratic congressional members Eric Swalwell, Nanette Barragán, Zoe Lofgren, Kevin Mullin and Lateefah Simon called on the U.S. Department of Homeland Security and the State Department to investigate the deportation.

The group is also calling on both government agencies to return the family to the U.S. through the process of humanitarian parole. That move would allow Joseph to re-enroll in school and receive specialized care.

Celena Ponce, founder of Hands United, a nonprofit organization dedicated to aiding deaf immigrant children and families, said her group was trying to connect the family with the deaf community and services, like interpreters, in Colombia.

She said, however, that Joseph and his family face several challenges. The first hurdle if he ends up staying in Colombia, is that he and his mother will have to learn Colombian sign language, which differs from American sign language.

Ponce added that Joseph also suffered language deprivation, meaning he is delayed in comparison to other 6-year-olds who are hearing.

“Because Colombia does not have residential schools similar to what California has, the ability to be fully immersed in language is not present,” she said.

Whatever gains he made at the California School for the Deaf would likely end, she said.

Times staff writers Clara Harter and Christopher Buchanan contributed to this report.

WASHINGTON — Sens. Alex Padilla (D-Calif.) and Dick Durbin (D-Ill.) called for the Department of Homeland Security to return a California woman with DACA who was recently deported a day after her green card interview.

DACA, or Deferred Action for Childhood Arrivals, is the Obama-era program that since 2012 has shielded certain immigrants brought to the U.S. as children from deportation and allowed them to work legally.

Maria de Jesus Estrada Juarez lived in California for 27 years before being detained at her green card interview last month and deported within 24 hours, despite having active DACA protection and no criminal history. Her story was first reported by the Sacramento Bee.

On a call from Mexico on Thursday with reporters, Estrada Juarez, 42, said DACA was supposed to protect people like her who work hard and follow the rules.

“I did everything I could to build a stable life and give my daughter the opportunities that I never had,” she said. “But about two weeks ago, everything changed. I was wrongfully deported. In a single moment, nearly 30 years of my life were taken away from me — my home, my work, my community.”

Homeland Security did not respond to a request for comment about Estrada’s case.

The detention and deportation of DACA recipients is in stark contrast to previous administrations, including the first Trump administration, and years of bipartisan support for immigrants brought to the U.S. as children. For admission into the program, they must pass background checks and meet certain educational or work requirements.

Trump has given mixed signals on DACA recipients, known as “Dreamers.” In his first term, he tried unsuccessfully to shut down the program. In December 2024 on “Meet the Press” he said that “I want to be able to work something out” on their behalf, but offered no specifics and the administration has done nothing to offer them extra protection.

The program’s fate has since remained embroiled in litigation.

Rep. Sylvia Garcia (D-Texas) said Homeland Security provided conflicting data to members of Congress about how many DACA recipients have been detained and deported since Trump returned to the White House.

In a Jan. 12 letter to Garcia, then-Homeland Security Secretary Kristi Noem said that between Jan. 1 and Sept. 28 of 2025, Immigration and Customs Enforcement had arrested 270 DACA recipients. The letter did not say how many of those 270 were deported.

Of those, 130 had criminal convictions, 120 had pending criminal charges and 14 were in violation of immigration law, she wrote. That adds up to 264, not 270.

“Please note DACA is a form of prosecutorial discretion that does not confer lawful status,” wrote Noem, who was fired Thursday.

But in a letter to Durbin and other senators last month, Noem provided smaller numbers, though she addressed a longer time period, Jan. 1 to Nov. 19, 2025. She said the agency had arrested 261 DACA recipients and deported 86.

She said that of those arrested, 241 had criminal histories, though she did not specify if that meant convictions or pending charges.

On Wednesday, Garcia wrote back to Noem, saying, “The discrepancies between your two responses demonstrate gross incompetency or intentional misdirection.”

The conflicting data from Noem came after 95 members of Congress in September demanded answers about the targeting of DACA recipients. They wrote that letter after Tricia McLaughlin, the former Homeland Security public affairs secretary, said DACA recipients “are not automatically protected from deportation.”

The lawmakers cited the case of a deaf and non-verbal DACA recipient with no criminal history who was detained last year amid the immigration raids in Los Angeles. He was later released.

As of June 2025, there were more than 515,000 DACA recipients in the U.S., a decrease since the program’s peak of nearly 800,000. With 144,000, California has the most of any state, according to federal data.

Estrada Juarez did not take questions during the call Thurday with reporters, but Ivonne Rodriguez, press director for immigration reform at the advocacy group FWD.us, explained to The Times what happened.

Around 11 a.m. on Feb. 18, Estrada Juarez arrived with her daughter Damaris Bello, a 22-year-old U.S. citizen, at the John E. Moss Federal Building in Sacramento for an interview as part of the process to obtain legal permanent residency, or a green card.

At the courthouse, immigration agents took Estrada Juarez’s fingerprints and asked her to apply a fingerprint to a form saying she had agreed to be deported, Rodriguez said. She refused.

An officer told Estrada Juarez “If you don’t sign, I will make you sign.” The officer grabbed her hand and forced her to sign using her fingerprint, Rodriguez said.

Rodriguez said federal agents cited a deportation order from 1998 during Estrada Juarez’s detention last month at the courthouse. But being a DACA recipient should mean that such orders are not acted upon while the protected status is active, so long as the person stays out of criminal trouble.

“She kept stating she had active DACA throughout the entire time and they did not care,” Rodriguez said.

By 8 a.m. the next morning, Estrada Juarez had been dropped off by bus in Tijuana, Rodriguez said.

Estrada Juarez is among many immigrants arrested for deportation at courthouses since last year, a practice that breaks from longstanding former procedure.

During a Senate Judiciary Committee hearing Tuesday on oversight of Homeland Security, Durbin asked Noem about Estrada Juarez and the other deported DACA recipients.

“Madam secretary, why have you deported dozens of DACA holders who had to comply with a criminal background check to be eligible for DACA?” Durbin asked.

“Sir, we follow all laws as applicable to the Department of Homeland Security,” Noem replied before Durbin cut her off.

“Why did you deport them?” he repeated.

Noem said she wasn’t familiar with the details of Estrada Juarez’s case but would look into it.

On the call Thursday with Estrada Juarez, Sen. Padilla (D-Calif.) said he met her daughter this week. He and other Democrats called for Congress to pass legislation that would permanently protect DACA recipients from deportation.

“DACA recipients did everything right and followed all the instructions laid out in the program,” he said. “They took the United States government at its word, and they’ve kept their end of the deal. But now we know that Donald Trump and Kristi Noem are breaking the government’s promise.”

Estrada Juarez said justice in her case would mean being allowed to return to the U.S.

“I’m not asking for a special treatment,” she said. “I’m asking for what is right. My deportation was wrong, and my family should not have to be torn apart. I just want to change to go home and hold my daughter again.”