DACA recipient sues Trump administration over deportation while applying for Green Card.

Key Takeaways

• A DACA recipient, María de Jesús Estrada Juárez, filed a federal lawsuit seeking her return to the U.S. after she was allegedly detained at a USCIS interview and deported to Mexico.
• The complaint claims violations of the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), and the U.S. Constitution’s Due Process Clause.
• Attorneys are seeking an emergency court order to compel the government to return Estrada while the case proceeds.
• Estrada reportedly held valid DACA status at the time; her supporters include Sens. Alex Padilla and Dick Durbin and Rep. Delia Ramirez.
• The case raises fresh concerns for DACA recipients pursuing adjustment of status through USCIS (U.S. Citizenship and Immigration Services).

The Lawsuit and Allegations

It has been reported that María de Jesús Estrada Juárez, a longtime U.S. resident and DACA (Deferred Action for Childhood Arrivals) recipient since 2013, was detained at a scheduled adjustment-of-status interview at USCIS in Sacramento on February 18, 2026, and deported to Mexico the next day. According to her attorney, Stacy Tolchin, the deportation was illegal and violated basic due process. The federal lawsuit alleges that the Department of Homeland Security (DHS) advanced Estrada’s case in a manner that contravened the INA, the APA— which governs how federal agencies make and enforce rules—and constitutional due process protections.

Due Process Claims and Emergency Relief

The complaint asserts Estrada had valid DACA at the time—protection that defers removal and offers work authorization, though it is not legal status—and that she was expelled without judicial notice or the chance to appear before an immigration judge. Her legal team is seeking an emergency injunction ordering the government to facilitate her immediate return while litigation unfolds. Prominent Democratic lawmakers, including Sens. Alex Padilla (California) and Dick Durbin (Illinois) and Rep. Delia C. Ramirez (Illinois), have publicly backed her case, underscoring wider political attention on enforcement actions involving “Dreamers” with DACA.

What This Means for DACA Recipients at USCIS

For DACA recipients pursuing permanent residence, this case highlights the stakes of in-person USCIS appointments. Adjustment of status is the process for obtaining a green card from inside the United States, typically requiring a biometrics check and an interview. While DACA generally protects recipients from deportation while valid, enforcement actions can occur if DHS alleges other grounds—such as prior removal orders or status violations—though such specifics were not detailed in the complaint. Individuals with DACA seeking to adjust should consult experienced counsel, screen for any past orders or inadmissibility issues, and prepare documentation to mitigate enforcement risks at interviews. The outcome of Estrada’s case could clarify the limits of DHS authority and the procedural safeguards owed to DACA recipients during the green card process.

Source: Original Article