Judge Rules ICE Illegally Arrested Former DACA Recipient
Summary
A federal judge in Minnesota ordered the release of Ivan De Haro Villagrana, a former DACA recipient, ruling that ICE unlawfully detained him after a warrantless arrest. The arrest followed a September traffic stop in North Dakota; the judge found that Villagrana’s lack of identification alone did not justify the arrest.Key Facts
- U.S. District Judge John R. Tunheim issued the release order on November 2.
- Villagrana came to the United States from Mexico in 2002, when he was 5.
- He received DACA in 2016, but his protection was not renewed around 2021 after a driving-under-the-influence conviction.
- A sheriff’s deputy stopped Villagrana in Watford City, North Dakota, on September 22 for driving without headlights.
- An ICE officer told the deputy to arrest Villagrana for immigration violations; the deputy took him to a county correctional facility.
- ICE transferred Villagrana to its custody on September 23 and detained him at the Sherburne County Jail in Minnesota.
- The government argued that the arrest and detention complied with federal immigration law.
- DACA protects certain people brought to the United States as children from deportation and allows them to work legally, but it does not grant lawful immigration status or a path to citizenship.
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