Jessica Treviño, a Texas mother and longtime Deferred Action for Childhood Arrivals recipient, has sued the federal government after immigration authorities deported her to Mexico while her DACA protection and work permit were reportedly valid.
The lawsuit raises an unusual question: can the government deport a DACA recipient and then use that forced departure as “unauthorized travel” to terminate her DACA protection?
Treviño maintains that she never voluntarily agreed to leave the United States. The Department of Homeland Security disputes her account and says she accepted voluntary departure and waived her right to appeal. No court has yet decided which version is legally correct.
Who Is Jessica Treviño?
Treviño, 34, was brought to the United States from Mexico when she was seven years old. She later received DACA protection at age 20 and lived in Alamo, Texas.
Her most recent DACA approval and employment authorization were reportedly valid until April 2027. She and her husband have three children, all of whom are U.S. citizens. The children remained in Texas with relatives after their parents were sent to Mexico.
DACA does not provide permanent immigration status or a direct path to citizenship. It is an exercise of government discretion that temporarily protects qualifying recipients from removal and allows them to obtain work permits. USCIS may terminate DACA before it expires, but it normally provides a notice of intent and an opportunity to respond.
Why Was Treviño Detained?
Treviño and her husband were arrested in December 2025 after federal agents followed their vehicle into a Home Depot parking lot in South Texas.
DHS said Treviño’s husband was driving without lawful immigration permission and that their vehicle collided with an unmarked Homeland Security Investigations vehicle. Treviño was then detained for approximately three months.
An immigration judge issued her a voluntary-departure order in February 2026. Immigration authorities removed her to Mexico on March 25, 2026.
Treviño says she repeatedly informed officials that she had valid DACA protection. She also denies signing documents accepting removal or giving up an appeal. DHS says she knowingly accepted voluntary departure. These competing statements remain disputed.
Why Did USCIS Seek to Terminate Her DACA?
After Treviño was already in Mexico, USCIS sent her a notice of intent to terminate her DACA protection.
The notice reportedly cited “unauthorized travel outside of the United States” on March 25, 2026—the same date the government deported her.
DACA recipients generally need advance parole before voluntarily travelling outside the United States. Unauthorized travel can interrupt the continuous-residence requirement and create serious problems with renewal or reentry. USCIS guidance, however, recognises that accidental or involuntary border crossings may require different consideration.
Treviño’s lawyers argue that deportation carried out by the government cannot fairly be treated as a voluntary, unauthorized trip initiated by her.
What Does the Lawsuit Request?
Treviño’s attorney, David Rozas, filed the federal case in Brownsville, Texas, in late July 2026.
The petition asks the court to:
- Declare Treviño’s removal unlawful
- Prevent the termination of her DACA protection
- Require the government to facilitate her return
- Allow her to reunite with her children in Texas
- Recognise that her work authorization remained valid
Her legal team argues that the government lacked a lawful basis to remove her while her DACA protection remained active.
What Is the Government’s Position?
DHS argues that DACA does not confer lawful immigration status and does not make a recipient permanently immune from detention or removal.
The department maintains that Treviño accepted voluntary departure and waived further appeal. According to DHS, her removal was therefore legally authorised.
Treviño denies that she knowingly accepted such an arrangement. The lawsuit may require the court to review detention records, immigration-court documents, alleged waivers and communications among ICE, USCIS and Treviño’s lawyers.
Current Status
As of August 3, 2026, the Jessica Treviño DACA lawsuit is at an early stage. No final judgment, settlement or court order requiring her return has been publicly reported.
The case is not a class action and does not provide compensation to other DACA recipients. It is an individual immigration lawsuit seeking restoration of Treviño’s protection and permission to return to her family.
The central dispute is whether the government lawfully removed her and whether it may rely on that removal as unauthorized travel when attempting to terminate her DACA status.
