DACA Recipient Deported

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A 23-year-old man who had temporary legal status in the United States under the Deferred Action for Childhood Arrivals, or DACA program, was deported to Mexico in February. It’s the first time that’s happened under the Trump Administration. Trump said he had compassion for DACA recipients, and the facts surrounding the deportation are disputed. Immigration attorney Delia Salvatierra and DACA recipient Karina Ruiz will discuss the case and what it means for DACA recipients.

TED SIMONS: GOOD EVENING AND WELCOME TO "ARIZONA HORIZON. I'M TED SIMONS.

TED SIMONS: A 23-YEAR-OLD MAN WHO HAD TEMPORARY LEGAL STATUS IN THE UNITED STATES UNDER THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS, OR THE DACA PROGRAM, WAS DEPORTED TO MEXICO EARLIER THIS YEAR. THE MAN'S LAWYERS SAY IT IS THE FIRST TIME A SO-CALLED DREAMER HAS BEEN DEPORTED UNDER THE TRUMP ADMINISTRATION. HERE NOW TO TALK ABOUT ALL THIS IS IMMIGRATION ATTORNEY, DELIA SALVATIERRA, AND ALSO WITH US: DACA RECIPIENT KARINA RUIZ. GOOD TO HAVE YOU BOTH HERE. THANKS FOR JOINING US.

DELIA SALVATIERRA: THANK YOU, TED.

TED SIMONS: GOOD TO SEE YOU BACK AGAIN. JUAN MANUEL MANTEZ. WHO IS THIS?

DELIA SALVATIERRA: THIS IS A DHAKA RECIPIENT ON HIS SECOND DACA RENEWAL. THERE ARE COMPETING STORIES ABOUT WHAT HAPPENED. HE AND HIS LAWYERS CONTEND THAT HE WAS THE SAN DIEGO, CALIFORNIA BORDER. HE WAS EATING WITH A FRIEND, LEFT ON A BIKE, HE WAS DETAINED AND REMOVED FROM THE COUNTRY EVEN THOUGH HE EXPLAINED THAT HE WAS AFFORDED DEFERRED ACTION BY DACA. DHS CONTENDS THAT THEY APPREHENDED HIM ON FEBRUARY 19TH COMING INTO THE UNITED STATES, TRYING TO CROSS THROUGH THE FENCE. THE CASE IS IN COURT IN SAN DIEGO IN FEDERAL LITIGATION. IT'S A FOYER LITIGATION MEANING HIS LAWYERS HAVE ASKED FOR A COPY OF THE FILE TO DETERMINE WHO IS CORRECT, OR WHAT SIDE OF THE STORY IS CORRECT.

TED SIMONS: A FOYER LITIGATIO MEANS THAT….AND BY THE WAY, WHO IS THE JUDGE?

DELIA SALVATIERRA: JUDGE CREAL, THE VERY JUDGE WHO PRESIDENT TRUMP CRITICIZED BY SAYING HE COULDN'T MAKE A DECISION OUTSIDE OF HIS RACE.

TED SIMONS: THE DECISION HE MAKES ON THIS CASE, IT ISN'T NECESSARILY BINDING AS TO WHETHER OR NOT HE CAN RETURN. THIS IS FINDING THE FACTS AND REVEALING THE FACTS.

DELIA SALVATIERRA: THIS IS ORDERING THE FEDERAL GOVERNMENT TO DELIVER THE DOCUMENTS THAT PERTAIN TO THE IMMIGRATION FILE AND WHAT HAPPENED AT THE PORT OF ENTRY WHEN HE WAS REMOVED, OR INTERCEPTED WHEN CBP CAUGHT HIM. IT DOES NOT FORCE THE FEDERAL GOVERNMENT TO BRING HIM BACK. THE JUDGE DOES NOT HAVE THAT KIND OF AUTHORITY IN A FOYER LITIGATION, AND CAN'T ORDER THE DEPARTMENT TO DO THAT.

TED SIMONS: AGAIN, HIS STATUS BASICALLY GOES AWAY IF HE DOES INDEED LEAVE THE COUNTRY AND TRIES TO RETURN TO THE COUNTRY.

DELIA SALVATIERRA: CORRECT. UNDER PRESIDENT OBAMA'S DIRECTIVES, HE STATED THAT IF A DREAMER LEAVES THE COUNTRY, ABANDONS HIS STATUS AND CAN'T RETURN.

TED SIMONS: HE ADMITTED DOING THIS. THIS IS AMONG THE THINGS WE ARE TRYING TO FIND OUT?

DELIA SALVATIERRA: CORRECT. DHS HAS SPOKEN PUBLICLY ABOUT THE CASE WHEN NORMALLY DHS IS BOUND BY CONFIDENTIALITY NOT TO TALK ABOUT OPEN LITIGATION. THAT IS PROBLEMATIC IN THIS SITUATION BECAUSE YOU DON'T KNOW WHO IS TELLING THE TRUTH. THERE COULD BE AN OFFICER ON THE BORDER WHO DIDN'T LOOK INTO WHETHER THE KID HAD DACA OR NOT, AND DECIDED TO REMOVE HIM. ONE THING THAT IS TROUBLING ABOUT THIS CASE IS THAT HIS LAWYERS SAY HE IS DISABLED AND HAS BEEN ON SPECIAL EDUCATION PROGRAMS IN SCHOOL. WE HAVE TO DETERMINE IF THE INDIVIDUAL IS CAPABLE OF SPEAKING FOR HIMSELF AND OF WHAT TRANSPIRED. THAT'S ALARMING IN ITSELF.

TED SIMONS: CARINA, EXPLAIN YOUR SITUATION?

KARINA RUIZ: I'M A DACA RECIPIENT. I GRADUATED AT 16. I WENT TO ARIZONA STATE UNIVERSITY. IT TOOK ME 12 YEARS TO GRADUATE BECAUSE OF MY STATUS, AND BECAUSE OF PROPOSITION 300, NOT BEING ABLE TO PAY OUT OF STATE TUITION. WITH DACA, WE HAVE THE OPPORTUNITY TO PAY IN STATE TUITION AND BE HERE UNDER A PROTECTIVE STATUS. I HAVE THREE KIDS. IT'S GIVEN ME PEACE OF NOT FEARING EVERYDAY THAT I WILL BE DEPORTED FROM MY KIDS.

TED SIMONS: WHAT ARE YOUR CONCERNS?

KARINA RUIZ: WE KNOW THE ADMINISTRATION COULD ELIMINATE THE PROGRAM AT ANY TIME. WE DON'T THINK IT'S AS EASY FOR THE ADMINISTRATION TO DO IT BECAUSE THERE IS A LOT AT STAKE. WE ARE MORE THAN 75,000. WE ARE INTEGRATED INTO THE ECONOMY ALREADY. IT WOULD BE HARD, I BELIEVE, TO TAKE THE PLUG ON IT.

TED SIMONS: WHAT KIND OF ADVISE ARE YOU GETTING?

KARINA RUIZ: WE ARE DOING FORUMS IN THE ORGANIZATION. WE ARE DOING A LOT OF WORK LETTING PEOPLE KNOW ABOUT THEIR RIGHTS. WE HAVE THE RIGHT TO REMAIN SILENT. WE DON'T HAVE TO ANSWER QUESTIONS IF WE ARE STOPPED BY ANY POLICE OR DHS AUTHORITY. WE CAN REFUSE SIGNING A DOCUMENT WE DON'T UNDERSTAND. I BELIEVE JUAN EXPLAINED THAT HE DIDN'T UNDERSTAND THE DOCUMENTS. HE SIGNED THEM, BUT IT'S A CASE WHEN I HEARD THAT HE DIDN'T HAVE THE CAPACITY OR HE WAS DISABLED OR I DON'T KNOW IF HE COULD READ TO BEGIN WITH. THE ADVICE TO PEOPLE IS THAT IF YOU HAVE SOMETHING YOU DON'T KNOW WHAT IT IS OR DON'T UNDERSTAND, ALWAYS ASK FOR YOUR LAWYER. EVEN IF YOU DO SPEAK ENGLISH, THE RULE IS I WON'T SIGN ANYTHING UNLESS MY ATTORNEY IS PRESENT.

TED SIMONS: PRESIDENT TRUMP SAYS DREAMERS SHOULDN'T BE WORRIED. ARE YOU WORRIED?

KARINA RUIZ: I AM VERY WORRIED AND CONCERNED. I DON'T BELIEVE WE CAN TRUST THIS ADMINISTRATION.

TED SIMONS: SHOULD DACA RECIPIENTS BE WORRIED?

DELIA SALVATIERRA: I DON'T BELIEVE THEY SHOULD BE GOING NEAR THE BORDER, BUT IN THE INTERIOR OF THE UNITED STATES, I DON'T BELIEVE IT'S AN ISSUE. IT'S A TEMPORARY BENEFIT. I THINK THAT IT CAN'T HAPPEN ONE PERSON AT A TIME. THERE MAY BE NEED TO HAVE PROTECTION FOR THE INDIVIDUAL TO GO INTO THE COURT. IT SHOULDN'T BE UP TO AN OFFICER TO REMOVE AN INDIVIDUAL AS IN THIS CASE. IF THEY MAKE CHANGES IT SHOULD BE WIDELY AND APPLICABLE TO EVERYONE. I THINK IMPORTANTLY, WHAT I HAVE SEEN IS THAT CBP OR ONE AGENCY MAY NOT RESPECT ANOTHER AGENCY. HERE THIS KID HAD DACA. THEY SAID HE DIDN'T HAVE IT, THEN THEY CAME OUT AND SAID HE DID HAVE IT THROUGH 2018. I THINK IT WAS INCUMBENT UPON THE UNITED STATES TO DETERMINE IF THAT AGENCY HAD DIRECTION AND HONOR THAT SISTER AGENCY TO ANOTHER.

TED SIMONS: WHAT ARE YOU HEARING FROM FELLOW DACA RECIPIENTS?

KARINA RUIZ: PEOPLE ARE WORRIED. THEY ARE COMING INTO THE OFFICE SAYING, DID YOU HEAR ABOUT THIS? I HAVE TO CALM PEOPLE DOWN AND SAY LISTEN, THIS IS A SPECIAL SITUATION. HOWEVER, WE HAVE TO BE ON THE LOOKOUT. BECAUSE AGAIN, IT'S UP TO THE DISCRETION. THE OFFICERS LOOKING FOR REASONS TO DEPORT US WILL LOOK FOR ONE.

TED SIMONS: WHAT ADVISE SHOULD SHE RECEIVE IT?

DELIA SALVATIERRA: SHE SHOULD LIVE HER LIFE AS SHE HAS BEEN, ENJOYING HER LIFE, HER WORK AUTHORIZATION, WORKING, AND RENEWING TIMELY AND NOT APPROACHING THE BORDER.

TED SIMONS: GOOD TO HAVE YOU BOTH HERE.

DELIA SALVATIERRA: THANK YOU FOR HAVING US.

Delia Salvatierra: Immigration attorney, Karina Ruiz: DACA recipient

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