A Texas mother of three has filed a federal lawsuit against the U.S. government after she was deported to Mexico in March 2026 despite holding valid DACA status through April 2027. Jessica Treviño, 34, was removed from the U.S. in late March after being arrested in December 2025, and her DACA protections were terminated by the Department of Homeland Security (DHS) on the grounds of ‘unauthorized travel.’
Treviño and her husband were arrested in a Home Depot parking lot in South Texas in December 2025, following a period of surveillance by federal agents. Both were subsequently deported to Matamoros, Mexico, while their three U.S. citizen children remain in Texas under the care of relatives. Treviño, who arrived in the U.S. at age seven, had held DACA status since 2012 and had renewed it multiple times without incident.
Legal Challenge and Government Response
Treviño’s lawsuit, filed in the U.S. District Court for the Southern District of Texas, argues that her deportation violated federal law because she was legally permitted to remain in the U.S. under DACA at the time of removal. The complaint further contends that the DHS’s decision to revoke her DACA status due to her deportation is legally unsound, as her removal was itself unlawful.
According to the lawsuit, Treviño was granted a ‘voluntary departure’ under safeguards with a deadline of March 19, 2026, but remained in DHS custody before being deported on March 25, 2026. The DHS has not yet publicly responded to the lawsuit, but the agency has previously stated that DACA recipients who leave the U.S. without prior approval may face termination of their status.
Treviño’s attorneys argue that her case highlights flaws in the enforcement of immigration policies, particularly regarding individuals who arrived in the U.S. as children and have since complied with all legal requirements under DACA. Her legal team is seeking immediate reinstatement of her DACA status and her return to the U.S.
Background: DACA and the Family’s Circumstances
The Deferred Action for Childhood Arrivals (DACA) program, established in 2012, allows certain individuals who arrived in the U.S. as children to temporarily defer deportation and obtain work permits. To qualify, applicants must meet criteria including no serious criminal record and continuous residence in the U.S. since June 15, 2007. DACA does not provide a path to legal permanent residency or citizenship.
Treviño, who has lived in the U.S. since age seven, applied for DACA at 20 years old and had renewed her status multiple times without issue. Her husband, also a DACA recipient, was deported alongside her. Their three children, all born in the U.S., are U.S. citizens and currently reside with extended family in Texas.
The family’s arrest followed federal agents tracking them into a Home Depot parking lot in South Texas. The circumstances of the surveillance and arrest have not been fully detailed in public filings, but the lawsuit describes the encounter as unexpected and without prior notice.
Policy Implications and Broader Context
Treviño’s case underscores ongoing debates over DACA’s enforcement and the treatment of recipients who are parents of U.S. citizen children. Immigration advocates argue that families like Treviño’s are being unfairly separated despite their compliance with program requirements. Critics of the administration’s immigration policies contend that such cases reflect inconsistent application of enforcement priorities, particularly under programs like DACA.
The DHS has not issued a formal response to the lawsuit, but agency officials have previously stated that DACA recipients who leave the U.S. without advance parole risk losing their status. The department has also emphasized that removal proceedings are determined on a case-by-case basis, though critics argue that such discretion is not uniformly applied.
Legal experts note that Treviño’s case could set a precedent for how DACA status is treated in removal proceedings, particularly when recipients are deported despite holding valid protections. The lawsuit seeks to clarify whether the government can revoke DACA status retroactively based on actions taken during an unlawful deportation.
Family’s Statement and Public Reaction
In a statement released through her attorneys, Treviño said: ‘I have lived in this country since I was a little girl. Ever since I first applied for DACA 14 years ago, I’ve done everything expected of me. I have renewed my DACA, followed every rule, and never stopped believing this country would do right by me and my family. Instead, I was taken from my children. And now, even after everything, the government is trying to take away the very protections that were supposed to keep me here.’
The case has drawn attention from immigration advocacy groups, who argue that families should not be separated when parents are otherwise compliant with immigration laws. Some lawmakers have also weighed in, with Democratic representatives calling for a review of the DHS’s enforcement practices in DACA cases.
The lawsuit remains pending, and no court date has been set for a hearing.