Texas Mother Deported Despite DACA Protection Takes Legal Action

Jessica Treviño, a 34-year-old mother from Texas, has filed a lawsuit against the federal government after her deportation to Mexico. Although she had legal permission to stay in the U.S. under the Deferred Action for Childhood Arrivals (DACA) program, authorities deported her, citing unauthorized travel. Treviño and her husband were arrested in December by federal agents in a South Texas parking lot and sent to Matamoros, Mexico.

Treviño, who came to the United States at age 7, obtained DACA status at 20. This program, established in 2012, allows eligible individuals who entered the U.S. as children to remain and work temporarily, though it does not provide legal status. Recipients must not have a criminal record and are forbidden from traveling outside the country. Treviño’s DACA status and work permit were valid until April 2027.

Last week, U.S. Citizenship and Immigration Services notified her of an intent to terminate her status, citing travel on the day of her deportation, March 25, 2026. The Department of Homeland Security (DHS) did not respond to requests for comment on the incident. Treviño’s attorney, David Rozas, has petitioned a federal judge in Brownsville to overturn her deportation and restore her DACA status.

Despite an immigration judge’s voluntary departure order while she was held by ICE, DACA status should have protected Treviño from deportation. Rozas argues that the government had no lawful reason for her expulsion, demanding her return to the U.S.

Treviño expressed her longing to be with her three children, U.S. citizens who live with family near the border. With school approaching, she emphasized the importance of being with her family. Her deportation is part of a larger trend under the previous administration, which deported 86 and arrested 241 other DACA recipients.

Advocates warn that Treviño’s case reflects broader efforts to dismantle DACA. Todd Schulte, president of policy organization FWD.us, highlighted the targeted efforts to remove DACA recipients and leave families separated.