A California DACA recipient is suing the Trump administration over his deportation
WASHINGTON — Attorneys for a Sacramento DACA recipient who was deported to Mexico last month have filed a lawsuit with the federal government demanding his immediate return to the US.
Maria de Jesus Estrada Juarez, 42, was arrested on Feb. 18 when there is a scheduled interview to apply for his green card. He was deported to Mexico the next day, despite effective protection from deportation under the Obama-era Deferred Action for Childhood Arrivals program.
According to the lawsuit, Estrada Juarez, who worked as the district manager of Motel 6, was deported without being given notice of a formal letter of removal and an opportunity to fight his case before an immigration judge.
Her attorney Stacy Tolchin said: “Maria’s deportation was illegal and violated basic principles. She had a valid DACA status, she showed up at her designated entry point as ordered, and she should not have been removed from the country.”
The case of Estrada Juarez drew public attention and the ire of members of Congress, including Sen. Alex Padilla (D-Calif.), after being published in the Sacramento Bee.
According to his lawsuit, which was filed on Tuesday, it is not clear whether an order for his removal has been issued. And even if one is issued, the complaint says, “The applicant could not be lawfully removed from the United States while in DACA status.”
The complaint says the only document Estrada Juarez received was a confirmation of her physical removal from the US – not a removal order. The document states that he is not allowed to return to the US for 10 years because he has been ordered to be removed by an immigration judge.
The lawsuit calls that argument false — Estrada Juarez has never been in removal court and never seen an immigration judge. His immigration arrest was the first time he heard that he had been deported in 1998.
The Department of Homeland Security told The Times that a judge ordered Estrada Juarez’s deportation in 1998 “and he was removed from the United States shortly thereafter.”
“He re-entered the US illegally – which is a crime,” Homeland Security said. “He was arrested and his final order was reinstated. ICE removed him from the US on February 19, 2026.”
In 2014, Estrada Juarez traveled to Mexico using a travel permit for DACA recipients known as advanced parole. He re-entered the US legally on Dec. 28, 2014.
According to the lawsuit, “restoration of removal requires that it be filed again illegally, and Petitioner’s last entry was on parole and therefore would not fall under that rationale.”
The lawsuit includes an urgent request for the federal government to facilitate Estrada Juarez’s return while the case is pending.
Estrada Juarez applied for permanent legal residency, or green card, for her daughter, Damaris Bello, 22, who is a US citizen. His DACA status is valid until April 23, according to the lawsuit, and he has a pending renewal application.
Estrada Juarez said the US, where she has lived for 27 years since arriving at age 15, is the only home she has ever known.
“I followed the rules and came to my immigration appointment believing that I was taking the next step towards stability,” she said. Instead, I was taken from my daughter and forced to leave the country overnight.”
