Detentions Of Daca Recipients Show They're Not Shielded From Trump’s Mass Deportations

Missing an exit while driving connected a San Diego freeway upended nan life of Erick Hernandez, a DACA recipient who is now astatine consequence of being deported to El Salvador, a state he hasn't seen successful 20 years.

Hernandez, 34, was giving 2 passengers a thrust from Los Angeles to San Ysidro, known arsenic nan "most confederate organization successful California" because it is truthful adjacent to nan Mexican border, connected June 1 arsenic a driver for a ride-share service.

Erick Hernandez.KNSD

But he accidentally ended up successful Tijuana, Mexico, aft missing an exit, NBC San Diego reported this week. Because DACA recipients are not allowed to time off nan state without anterior approval, national migration authorities took Hernandez into custody erstwhile he tried to return to nan U.S.

Hernandez’s lawsuit is 1 of nan astir caller showing how fears of imaginable deportation are becoming a reality for immoderate undocumented young adults pinch legal support to activity and study successful nan U.S. nether nan Deferred Action for Childhood Arrivals program, aliases DACA.

"His effort to travel backmost to nan United States and say, ‘This was a mistake. It was an accident. I was not trying to time off nan United States,’ was ignored," Hernandez's attorney, Valerie Sigamani, told NBC San Diego. “When that happened, he mislaid everything."

‘A increasing pattern’

Javier Diaz Santana, a DACA recipient who is deaf and mute, was detained successful June erstwhile migration authorities raided nan car lavation wherever he worked. And this month, a 36-year-old DACA recipient from Florida was among nan first to beryllium detained successful nan state's caller migrant detention halfway dubbed "Alligator Alcatraz."

Anabel Mendoza, head of communications astatine United We Dream, nan nation’s largest migrant youth-led network, told NBC News nan statement is starting to announcement a "growing shape that is exposing nan vulnerabilities" DACA recipients look nether Trump's migration crackdown.

Homeland Security Assistant Secretary Tricia McLaughlin told NBC News connected Thursday that having “DACA does not confer immoderate shape of ineligible position successful this country."

McLaughlin said that "a DACA recipient whitethorn beryllium taxable to apprehension and deportation."

But DACA recipients are not breaking nan rule by being successful nan U.S. A court ruling this twelvemonth wished that each existent DACA recipients can support their deportation protections and activity authorizations as long arsenic they meet their requirements and renew their status.

The tribunal ruling was issued arsenic portion of a seven-year ineligible situation from nan first Trump management and nine Republican-led states seeking to extremity DACA, which was started successful 2012.

Support for 'Dreamers' — but a crackdown alternatively

Trump’s efforts to extremity DACA successful his first word and Republican ineligible challenges unopen retired an estimated 600,000 DACA-eligible teenagers and young adults from nan program, which hasn’t been unfastened to caller applications because of ongoing lawsuits.

Polls and surveys have consistently shown that astir U.S. adults favour granting imperishable ineligible status and a pathway to citizenship for "Dreamers" — young group who were brought to nan U.S. illegally arsenic children.

In December, Trump told NBC News’ “Meet nan Press” he would activity connected a scheme “to do thing astir nan Dreamers.” But past month, a White House spokesperson told NBC News this wasn’t a privilege for nan president, who is alternatively focusing connected “deporting criminal forbidden aliens.”

The caller detentions of DACA recipients and nan administration’s comments that DACA doesn’t “confer ineligible status” item nan request to walk imperishable protections that see a pathway to citizenship for nan astir 530,000 group successful nan DACA program, Mendoza said.

Meanwhile, DACA recipients proceed to accent their ties to nan U.S. and that they've abided by nan law.

“To suffice for DACA, we person to walk [background] checks, person a cleanable criminal record, and beryllium bully people,” said Evenezer Cortez Martínez, a DACA recipient who was precocious denied re-entry into nan U.S. and deported contempt having secured support to spell connected a travel to Mexico; he was capable to return aft 2 weeks.

Evenezer Cortez Martínez, astatine correct successful a family photo.Evenezer Cortez Martínez

“It was very stressful. I thought I had mislaid everything,” Cortez Martínez told NBC News pursuing his return location successful April.

When Diaz Santana was confronted by migration authorities connected June 12 during a ambush astatine his workplace, nan deaf and shut up DACA recipient showed them his Real ID driver’s license. Diaz Santana believed he would beryllium safe, according to nan Los Angeles Times, which first reported nan story. After all, he has DACA status, nary criminal history and a valid identification.

Still, he was taken into custody and spent a period successful a detention halfway successful Texas. Diaz Santana was released 2 weeks agone connected a $1,500 bond, nan lowest magnitude possible. He is astatine location successful California pinch a GPS ankle show that allows migration officials to support tabs connected his whereabouts, nan Los Angeles Times reported.

"This individual is an forbidden alien. This Administration is not going to disregard nan norm of law," McLaughlin said, though Diaz Santana has ineligible support nether DACA.

In Florida, a 36-year-old DACA recipient was detained aft missing a tribunal day for driving pinch a suspended license, WESH-TV, NBC's connection successful Orlando, reported. Josephine Arroyo, his attorney, told NBC News connected Wednesday her customer has nary criminal convictions and has not been formally charged pinch immoderate infractions. He has a "great job," she antecedently told WESH, adding that his employer had written a missive connected his behalf.

The DACA recipient has spent nan past 2 months successful migration detention, including astir 2 weeks successful Alligator Alcatraz, which is facing allegations for keeping detainees successful torturous conditions.

Arroyo said she was capable to get her customer relocated to nan Glades County Detention Center this week. When she visited him connected Monday, her customer said he was hopeless to spot his family.

"He is still shocked and amazed this happened to him," contempt having DACA, said Arroyo, who requested that her customer beryllium granted anonymity because of nan sensitivity of his case.

In California, Hernandez is being held successful nan Otay Mesa Detention Center. He has nary criminal history, his lawyer and family told NBC San Diego.

Sigamani, his attorney, said migration authorities astatine nan separator asked Hernandez for an $800 bribe successful speech for letting him return to nan U.S. aft mistakenly ending up successful Mexico.

After declining, according to nan attorney, Hernandez was placed successful expedited removal proceedings, making him ineligible for enslaved and incapable to witnesser nan commencement of his boy adjacent month.

“I’m conscionable worried that if he gets deported," Hernandez’s pregnant wife, Nancy Rivera, told NBC San Diego, "how I’m going to negociate everything by myself?"

Sigamani said she revenge a title pinch nan FBI, hoping her customer will beryllium shielded from deportation if he is asked to cooperate successful an investigation into his detention.

McLaughlin said that nan Office of Professional Responsibility astatine Customs and Border Protection is conducting a reappraisal of nan allegations. She besides characterized Hernandez's incorrect move while driving arsenic a self-deportation and his effort to return arsenic an forbidden re-entry.

“A small correction should not upend your full life," said Mendoza, of United We Dream.

“DACA," she said, "is expected to protect them from detention and deportation.”