Dreamer Threatened With Deportation Released After Legal Pressure

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Daniela Vargas is a 22-year-old undocumented immigrant, who came to the US from Argentina with her family when she was 7. She had, until recently, been covered by the Deferred Action for Childhood Arrivals (DACA) program while she studies math at university. But on March 1 she was arrested and faced the prospect of deportation, without a trial.

Vargas’ DACA status expired in November, and she was saving the $495 to renew it, but her application wasn’t received until February 10, which was likely at the root of her problems. But ICE maintained that she waived the right to a trial when she came to the U.S. under the visa waiver program, which granted people the right to stay in the country for 90 days without a visa in exchange for not having a hearing concerning deportation.

“She was 7 years old at the time [she came to the U.S.],” her attorney, Abby Peterson, said at the time. “She didn’t waive those rights, her parents waived those rights. And now she’s an adult trying to assert her own rights.”

Vargas was arrested on her way home from a press conference on immigrant rights and contributions. The fact that she was detained after speaking out about immigrant rights is a strange coincidence.

Several lawmakers raised questions about that. Sen. Dick Durbin tweeted, “I’m in touch with @DHSgov for more info about this case. Disturbing that ICE may have followed her from an immigration press conference.”

Rep. Bennie Thompson, the ranking member on the House Committee on Homeland Security said in a statement, “ICE’s assertion that her detention is ‘routine’ is absurd and seems anything but. Those like Ms. Vargas just want a better life for themselves and their families.”

On March 7, civil and immigrants rights groups filed a petition in the Unitd States District Court for the Western District of Louisiana to stop Vargas’ deportation, arguing that the government had violated her due process and First Amendment rights.

On March 10, Vargas was released from the detention center in Jena, Louisiana. The officials did not disclose why she was released, but the fact that she was released is a testimony to the public outcry about Vargas’ case and the good work of her attorneys and immigrant rights groups.

“We’re joining the community in celebrating the release of our client, Dany Vargas,” said Naomi Tsu, the deputy director of the Southern Poverty Law Center, one of the groups representing Vargas. “But, we will continue to challenge the unconstitutional actions of ICE agents in this case and will not rest until she is no longer under the threat of deportation.”