Jessica Treviño, a Texas mother deported to Mexico despite having DACA status, has filed a lawsuit against the federal government for terminating her legal permission to stay in the U.S.
Washington DC, United States Aug 1, 2026 ALN: McALLEN, Texas — A Texas mother deported to Mexico despite having legal permission to stay in the U.S. after arriving as a child has filed a lawsuit against the federal government after it notified her it would be terminating her permission because of “unauthorized travel” stemming from her deportation. This case highlights the complexities and challenges faced by DACA recipients and raises critical questions about immigration policies and their impacts on families.
Jessica Treviño, 34, filed a lawsuit through her attorney this week asking a federal judge to intervene in a situation that has left her family divided and her future uncertain. Treviño and her husband were arrested in December after federal agents followed them and two of their daughters into a Home Depot parking lot in South Texas. Both were deported and are now living in Matamoros, Mexico, just south of Brownsville, Texas. Their three children, all U.S. citizens, are living with family on the U.S. side near the border, a situation that underscores the emotional toll of immigration enforcement on families.
Treviño’s journey began when she was brought to the United States at the age of 7. After years of living in the U.S., she received legal permission at the age of 20 to remain in the country under the Deferred Action for Childhood Arrivals program, commonly known as DACA. This program was introduced in 2012 as a temporary measure to protect young immigrants who had arrived in the U.S. as children from deportation. DACA does not confer legal status but has allowed hundreds of thousands of individuals to remain in the country and obtain work permits, offering them a semblance of stability in an otherwise precarious situation.
As a DACA recipient, Treviño is required to maintain a clean criminal record and is prohibited from traveling outside the United States. This prohibition is a critical aspect of the program, as any unauthorized travel can lead to the termination of DACA status. Treviño’s attorney, David Rozas, noted that her DACA status and work permit were most recently authorized until April 2027, raising questions about the legality of the government’s actions in her case.
Last week, U.S. Citizenship and Immigration Services (USCIS) sent Treviño a notice of intent to terminate her DACA status for “unauthorized travel outside of the United States on or about March 25, 2026,” the same day she was deported from the country by the Department of Homeland Security (DHS). This notice has significant implications, as it suggests that the government is taking a hardline stance against individuals who may have otherwise been protected under DACA.
In a statement regarding Treviño’s case, DHS indicated that her husband was in the country without permission and was driving at the time of their arrest. The couple was apprehended following a collision between their vehicle and an unmarked Homeland Security Investigations vehicle, leading to their subsequent deportation. DHS claimed that Treviño “knowingly accepted voluntary departure and waived appeal,” asserting that she left the U.S. on March 25, 2026, and would not be allowed to return. However, Treviño has contested this narrative, stating in a recent interview with The Associated Press that she did not sign any forms at the U.S. Immigration and Customs Enforcement (ICE) detention facility and did not want to be deported.
In response to her deportation and the termination of her DACA status, Rozas filed a petition asking a federal judge in Brownsville to declare Treviño’s expulsion unlawful. The lawsuit seeks to order the government to facilitate Treviño’s return to the U.S. and to allow her DACA status to remain valid. Rozas emphasized that “the government had no lawful basis to remove her,” arguing that her case is emblematic of broader issues within the immigration system.
Treviño expressed her deep desire to return to her family, stating, “I would be so blessed to be able to go back home, because that’s what I long for most right now. I’m really desperate. It’s been seven months since I’ve been home.” Her three children are set to start school next month, and Treviño has articulated her wish to be present for this significant milestone in their lives.
The situation is further complicated by the current political climate surrounding immigration policy in the United States. The Trump administration, during its tenure, took a hardline approach to immigration enforcement, which included the deportation of 86 DACA recipients and the arrest of 241 others, as noted in a DHS letter sent in February to Democratic Senator Richard J. Durbin of Illinois. This aggressive stance has raised concerns among advocates for DACA recipients and immigrant rights, who argue that Treviño’s deportation is part of a troubling pattern of targeting individuals under the DACA program.
Advocates argue that Treviño’s case illustrates a systematic effort to dismantle DACA, with organizations like FWD.us, led by president Todd Schulte, stating, “This is what a deliberate, systematic effort to destroy DACA looks like in practice: target recipients one by one, manufacture justifications after the fact, and leave their children to grow up without them.” This perspective reflects broader anxieties within immigrant communities about the future of DACA and the potential consequences for families like Treviño’s.
As the lawsuit progresses, it may have significant implications for not only Treviño’s life but also for the future of DACA recipients across the country. The outcome could set a precedent regarding the rights of individuals under DACA and the extent to which the government can enforce deportation orders against those who have been granted temporary protection. Furthermore, it raises questions about the intersection of immigration enforcement and family unity, a critical issue in discussions about immigration reform.
In conclusion, Treviño’s case is a poignant reminder of the complexities of immigration policy in the United States and the profound impact it has on families. As her lawsuit unfolds, it will be essential to monitor the developments closely, as they may have far-reaching consequences for many individuals navigating the uncertain landscape of immigration law. The emotional and legal battles faced by Treviño and her family underscore the urgent need for comprehensive immigration reform that prioritizes family unity and addresses the vulnerabilities faced by individuals under programs like DACA.
This story has been revised to correct that Treviño arrived in the U.S. at age 7, not 8, later receiving DACA status at 20 years old. The implications of her case extend beyond her personal circumstances, highlighting the broader challenges faced by countless immigrants in similar situations.
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