The American Civil Liberties Union of New Mexico, along with the law firm Singleton Schreiber, LLP, has filed a petition for a writ of habeas corpus on behalf of Paulo Cesar Gamez Lira. Gamez Lira is a 28-year-old recipient of Deferred Action for Childhood Arrivals (DACA) and father to four U.S. citizen children. He has lived in the United States since infancy.
According to the ACLU of New Mexico, Gamez Lira was detained on August 13 in Horizon City, Texas. While pulling into his driveway with two of his children, three unmarked vehicles blocked his car. Seven plainclothes men, some masked and armed, forcibly removed him from his vehicle and injured his shoulder during the process. The men did not identify themselves. He has been held at the Otero County Processing Center in Chaparral, New Mexico for three weeks.
"Paulo has a valid DACA. He's lived in this country his entire life, and this is the only home he's ever known,” said Alejandra, Gamez Lira’s wife. “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. Barely three weeks had passed since our baby finally left the hospital and we were enjoying our new life as a family, when ICE unjustly took him away. In that instant, they destroyed our family. I demand justice. I demand my husband's freedom. And I demand that they stop destroying families."
Gamez Lira first received DACA status in 2014 and has had it renewed by the U.S. government multiple times since then. He works as a forklift operator and supports his family financially.
He remains separated from his wife and young children; his youngest child is three months old with serious medical conditions requiring ongoing care.
Since being detained, immigration officials have encouraged Gamez Lira to agree to voluntary self-deportation.
"We refuse to let the federal government get away with ripping DACA recipients away from their families," said Becca Sheff, senior staff attorney with the ACLU of New Mexico. "Paulo has worked hard to build a dignified and meaningful life in the United States. He is a committed father of U.S. citizen children, and this is the only home he has ever known. It’s unconscionable for the government to hold Paulo indefinitely in an ICE detention center known for dangerous and degrading conditions, especially since this status as a DACA recipient protects him from being deported."
DACA provides temporary protection from deportation and work authorization for people brought to the U.S. as children but does not guarantee permanent legal status or full certainty about their future in the country.
"We are proud to represent Mr. Gamez Lira as he fights his unlawful detention. To hold a Dreamer without cause is unconstitutional and breaks the promise made to each of them. Today, we remind the government that no one, whether citizen or immigrant, should ever lose their freedom without just cause," said Alex Flores, Senior Counsel with Singleton Schreiber.
Las Americas Immigrant Advocacy Center represents Gamez Lira in immigration proceedings; his first hearing took place today at immigration court in Chaparral, New Mexico.
