DACA recipient and Kansas Metropolis father of three deported to Mexico regardless of legitimate documentation
A 39-year-old DACA recipient and married father of three from Kansas Metropolis, Kansas, was deported final month after he left the U.S. and traveled to Mexico to go to his grandfather’s grave, in line with a federal lawsuit filed Wednesday.
Evenezer Cortez-Martinez was detained March 23 on the Dallas Fort Price Worldwide Airport as he was making his method again into the U.S., the lawsuit states.
Martinez traveled to Mexico on March 20. Upon his return he arrived at DFW, the place U.S. Customs and Border Patrol brokers stopped him from boarding his connecting flight dwelling to Kansas Metropolis, claiming he had a removing order filed in June 2024, the lawsuit says.
Cortez-Martinez was deported instantly to Mexico Metropolis.
Based on Cortez-Martinez’s lawyer, Rekha Sharma-Crawford, her shopper was unaware of a removing order filed in 2024 given he has been a DACA recipient since 2014 and had efficiently renewed his allow each two years. Cortez-Martinez was delivered to the U.S. as a 4-year-old baby.
Sharma-Crawford informed CBS Information her shopper utilized for and obtained permission to journey outdoors of the U.S. by way of the Advance Parole course of. This enables DACA recipients within the U.S. to quickly journey outdoors of the nation and return and not using a visa.
CBS Information has reached out to DHS and CBP for touch upon the case.
Sharma-Crawford is a part of the authorized workforce that filed a federal lawsuit within the U.S. District Court docket for the Northern District of Texas Wednesday on behalf of Cortez-Martinez, suing the U.S. Division of Homeland Safety and CBP.
The lawsuit argues Cortez-Martinez can’t be barred and not using a formal removing listening to earlier than an immigration decide given his DACA standing and legitimate Advance Parole paperwork.
Based on court docket paperwork, the CBP officer denied Cortez-Martinez’s entry as he was “ordered eliminated in absentia” on June 11, 2024, and the advance parole doc “was issued in error.”
Sharma-Crawford informed CBS Information in an announcement Friday that his removing was “extraordinarily out of the norm.”
“Laws do not allow for somebody who’s on Advance Parole to be subjected to expedited processing, however by way of how advance parole works, even when somebody has a removing order, that does not stop them from touring in a foreign country and returning,” Sharma-Crawford stated. “That is the piece that’s so jarring.”
Sharma-Crawford is urging different dreamers to not journey outdoors of the U.S. below the Trump administration. “If you do not have to journey proper now, it is best to most likely not journey. It is simply too unsure, it is simply too unknown.”
Cortez-Martinez is at present staying with an uncle in Mexico Metropolis whereas his spouse and three youngsters stay in Kansas Metropolis.
The Deferred Motion for Childhood Arrivals immigration coverage was established in 2012 below the Obama administration to guard unauthorized immigrants introduced into the U.S. as youngsters. As of September 2024, there have been about 538,000 immigrants, generally known as dreamers, enrolled in DACA.
In January, a federal appeals court docket declared DACA illegal, however stored the coverage in place.
