In recent months, several cases involving DACA recipients detained by ICE have raised concern across many immigrant communities in the United States. In addition, these cases have also sparked common questions about the protection DACA actually provides and what may happen during an immigration detention.
Although DACA offers certain temporary benefits, it is not equivalent to permanent residency and does not guarantee absolute protection from immigration proceedings. Therefore, understanding how this program works may help you make more informed decisions and prepare for unexpected situations.
At the same time, many families experience high levels of anxiety, uncertainty, and stress related to immigration fears. In some cases, legal and psychological support, including immigration psychological evaluations, may play an important role in coping with these situations. In this article, we will explain what may happen if ICE detains a person with DACA.
Important note: This is not legal advice. For specific decisions, it is best to consult with your immigration lawyer.
What is DACA and what protection does it currently provide?
DACA (Deferred Action for Childhood Arrivals) is an immigration program created for certain individuals who arrived in the United States during childhood and meet specific USCIS requirements.
Currently, DACA allows eligible individuals to request temporary protection from deportation and obtain a renewable work permit. However, many people are unaware that this benefit also has important limitations.
What DACA allows you to do in the United States
People with DACA may:
- Apply for employment authorization.
- Obtain a Social Security number.
- Access driver’s licenses in some states.
- Renew their temporary protection periodically.
However, DACA does not provide permanent residency or U.S. citizenship. In addition, the program may be subject to judicial or administrative changes depending on current immigration policies.
On the other hand, having an approved DACA status does not completely eliminate the possibility of interaction with immigration authorities.
Difference between DACA and permanent immigration status
One of the most common misunderstandings is believing that DACA works as permanent legal residency. In reality, it is a temporary deferred action program.
This means the government may choose to postpone certain immigration actions while the individual maintains an active approval. Even so, the program does not create an automatic pathway to permanent residency.
For that reason, many people with DACA continue to live with immigration uncertainty and concerns about future policy changes.
Can ICE detain a person who has DACA?
Yes. Although DACA may reduce certain immigration risks, ICE can still detain a DACA recipient under certain circumstances.
Additionally, concerns within immigrant communities have increased in recent months due to reports involving individuals with active DACA protections who were detained.
Situations in which a person with DACA could be detained
Every immigration case is different. However, certain situations may increase the risk of immigration detention, including:
- Expired DACA or renewal issues.
- Criminal records or arrests.
- Previous deportation orders.
- Changes in immigration policies or enforcement priorities.
- Interactions with immigration authorities during operations or inspections.
Even so, being detained does not automatically mean immediate deportation. Therefore, contacting an immigration attorney as soon as possible is extremely important.
What is currently happening with immigration policies
Over the past several months, different administrative and operational changes have raised concerns among immigrant communities, immigration attorneys, and legal aid organizations throughout the United States.
On one hand, USCIS and federal agencies have started implementing stricter reviews in certain immigration processes. According to recent reports, some immigration applications are now undergoing additional security screenings, which may lead to delays in work permits, adjustment of status applications, and other immigration benefits.
In addition, several media outlets and immigrant advocacy organizations have also reported an increase in ICE enforcement operations. In some cases, these actions included arrests near immigration courts or detentions involving individuals with valid temporary protections, increasing fear and uncertainty among many immigrant families.
At the same time, several immigration attorneys expressed concern about the emotional impact these measures may have on immigrants already living under high levels of immigration-related stress. Constant uncertainty, fear of unexpected detention, and difficulties understanding frequent legal changes can significantly affect emotional well-being and family stability.
Furthermore, community organizations and immigrant rights advocates continue recommending that immigrants:
- Keep their documents updated.
- Consult only licensed immigration attorneys.
- Avoid sharing unverified information on social media.
- Have a family emergency plan in place.
- Seek emotional support if they experience persistent anxiety or fear related to their immigration situation.
Although every immigration case is unique, many organizations agree on the importance of staying informed through official sources and reliable professional guidance. (Sources: CBS News; The Guardian; FWD.es)
Recent case raising concerns in immigrant communities
One of the cases that recently received significant public attention involved Karla Toledo, a DACA recipient detained by ICE in Tucson, Arizona.
The case raised concern because, according to public reports, Karla had an active work permit under DACA at the time of her detention. In addition, community organizations and local representatives expressed concern about the current scope of immigration enforcement policies. (Sources: AZ Luminaria; AZPM News)
What to do if ICE detains a person with DACA
In an unexpected immigration situation, acting quickly and seeking professional guidance may be important. In addition, knowing your rights may help you make safer decisions during the process.
Stay calm and exercise your rights
If an immigration detention occurs:
- Try to remain calm.
- Do not sign documents without understanding their contents.
- Ask to speak with an immigration attorney.
- Avoid providing unnecessary information without legal advice.
- Request communication with family members or emergency contacts if possible.
Additionally, many people experience intense anxiety or fear during these situations. Therefore, emotional support may also be important for some families.
How to prepare for an unexpected immigration situation
Preparing in advance may help reduce confusion and stress during an immigration emergency.}
Keep important documents organized
It may be helpful to keep updated copies of:
- Work permits.
- Immigration documents.
- Passports or identification documents.
- Attorney contact information.
- Relevant medical or psychological records.
Likewise, some families also prepare emergency folders to ensure quick access to important documents.
Create a family emergency plan
In many immigrant households, having a family emergency plan may help reduce uncertainty.
For example, some families organize:
- Emergency contacts.
- Childcare instructions.
- Basic financial information.
- Access to important medications.
- School or medical information.
In addition, discussing these topics in advance may reduce the emotional impact of unexpected situations.
Professional support for immigrants and immigration attorneys
In certain immigration cases, psychological evaluations may be used as part of the documentation submitted by immigration attorneys. These evaluations aim to professionally describe the emotional, psychological, or family impact related to specific immigration circumstances. In addition, they may be included in different types of immigration cases depending on the legal needs involved.
On the other hand, many immigrant families experience prolonged stress, constant fear, family separation, or immigration uncertainty. In some cases, these situations may affect emotional well-being, sleep, concentration, and family dynamics.
Likewise, some attorneys work collaboratively with mental health professionals to document emotional factors that may be relevant within a case.
At Carla Parola Counseling, we provide immigration psychological evaluations through a professional, compassionate, and culturally sensitive approach, collaborating with both immigrants and immigration attorneys in different types of immigration cases.
