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DACA participant reaches settlement after wrongful arrest

On Behalf of | Jan 10, 2023 | Immigration & Naturalization |

You may have been born in another country and brought to the United States as an undocumented immigrant by your parent as a child. You have no connections to the nation of your birth, and as a child you had no choice but to enter the United States with your parent.

The Biden administration recognizes that these adults deserve protections. The Deferred Action for Childhood Arrivals (DACA) program provides protections to participants seeking work and lawful permanent status, including protection from deportation.

DACA participant reaches settlement following arrest

A man born in Mexico and brought to the United States as an undocumented child was wrongfully arrested in 2017, even though he was a participant in the DACA program. He was detained for 46 days and threatened with deportation.

He has since reached a settlement with the U.S. Attorney’s Office in Seattle. While he was not awarded the $450,000 in compensation he sought for false arrest and false imprisonment, he is allowed to stay in the United States for four more years so he can work and pursue lawful permanent residency.

Why is this case important?

This man’s case is important because DACA participants have rights that other undocumented immigrants do not.

DACA participants are allowed to remain in the country even though they are undocumented unless exigent circumstances apply, such as the commission of certain crimes.

If an undocumented immigrant commits a crime, they will likely face deportation.

However, you can apply for the DACA program without facing deportation unless you have committed certain criminal offenses. These include:

  • Some felony crimes
  • Some significant misdemeanors, or
  • Three or more misdemeanors that are not significant

DACA applicants can also be disqualified if they are deemed to be a threat to public safety or a national security threat.

DACA applicants have rights to remain in the country temporarily. The current administration recognizes that these adults were brought to the United States as children through no fault of their own and they should not be wrongfully penalized while they seek work and permanent residency.