EL PASO, Texas (Border Report) – A federal agency says a second “Dreamer” detained recently in the El Paso area has a criminal record and is awaiting immigration proceedings that could lead to deportation.
U.S. Immigration and Customs Enforcement (ICE) agents on Aug. 13 arrested Paulo Cesar Gamez Lira as he was coming out of his mother’s house and took him to the Otero County Processing Center in New Mexico.
Gamez previously applied for and received Deferred Action for Childhood Arrivals (DACA) protection, which his wife said remains valid.
Activists with Fwd.US and United We Dream this week called for his release and his wife, Alejandra, emotionally described how he was dragged from his car in front of his children by men dressed as civilians and carrying no visible IDs.
The American Civil Liberties Union of New Mexico and the Singleton Schreiber law firm has since filed a habeas corpus petition challenging Gamez’s detention. ACLU officials said ICE agents have repeatedly suggested to Gamez while in custody that he self-deport from the country.
“Paulo has a valid DACA. He’s lived in this country his entire life, and this is the only home he’s ever known,” his wife Alejandra said. “He’s an honorable, responsible man, and he’s never been in trouble because he’s always dedicated himself to following the law and renewing his DACA. Keeping him detained is a mistake.”
In a Friday email to Border Report, however, ICE affirmed Gamez has a criminal record and is subject to removal.
“Paulo Cesar Gámez Lira is a criminal illegal alien from Mexico,” the agency said. “He was arrested for possession of marijuana and convicted of disorderly conduct in 2016.”
The agency said DACA status does not automatically protect recipients from deportation, nor makes them legal immigrants.
“DACA does not confer any form of legal status in this country. Any illegal alien who is a DACA recipient may be subject to arrest and deportation for several reasons, including if they’ve committed a crime,” ICE officials said.
Border Report reached out to Fwd.US for comment and for contact information to Gamez’s family.
ICE officials said the agency could wait until a “Dreamer’s” status expires to remove him or her from the country or will request from an immigration judge that DACA status be terminated.
The agency has served Gamez with a notice to appear before an immigration judge at a date it did not make public. Meantime, he will remain at the Otero processing facility in Chaparral, New Mexico, according to ICE.
On Aug. 3, Border Patrol agents took Catalina “Xochitl” Santiago into custody at El Paso International Airport for alleged past criminal charges of trespassing and suspicion of possession of drugs and drug paraphernalia.
Activists earlier this week told Border Report some 20 DACA recipients have been arrested by ICE in recent weeks and months.
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