Judge orders ICE to release immigrant with DACA in New Mexico
A 'Dreamer' protected with DACA was released from ICE custody, after a court order accepted allegations of irregular arrest
A federal judge ordered the release of Paulo Cesar Gamez Lira, 27, a DACA beneficiary and father of four American children, who was detained by Immigration and Customs Enforcement (ICE) agents for 42 days.
“I am filled with joy and relief,” said Alejandra, wife of Gamez Lira. "Paulo belongs to our family, not in a detention center. This has been the most difficult time of our lives, but we never lost hope that justice would prevail."
This case was led by the American Civil Liberties Union of New Mexico (ACLU-NM) and the law firm of Singleton Schreiber, LLP, which filed a habeas corpus petition on behalf of the “Dreamer” in early September.
Habeas corpus is a requirement that federal authorities explain the reasons for a person's arrest, and in fact, the Trump administration did not oppose Gamez Lira's release.
“The government's non-opposition effectively acknowledged that his detention was unjust,” the defense team said in a statement.
Gamez Lira has lived in the United States since childhood and works as a crane operator to support his family. He is now free following Judge William P. Johnson's ruling.
“We are highlighted that Paulo is finally with his wife and three-month-old baby, but he should never have been separated from them. Paulo trusted the government's promises when he applied for and obtained DACA protection. His legal DACA status was ignored, and he was unjustly detained, like so many others, in this country,” said Marisa Limon Garza, executive director of the Immigrant Rights Defense Center of the Americas.
Limon Garza noted that other Dreamers face a similar situation while living in immigration limbo.
“His case reminds us of the urgent need to protect DACA recipients and immigrant families from abuse,” she added. “We will continue to fight for permanent protections so that families like Paulo's can live with the safety and dignity they deserve.”
Gamez Lira was arrested on August 13 when seven federal agents, some with their faces covered, Officers surrounded his vehicle in the driveway of his home in Horizon City, Texas, where two of his children were.
“We are very pleased with the court's swift decision and hope Paulo can return to his family soon,” said Marisa Ong, senior attorney at Singleton Schreiber.
She added that Gamez Lira's case shows how federal authorities are violating the rule of law in immigration matters, especially because the immigrant is protected by the Deferred Action for Childhood Arrivals (DACA) program.
Alex Flores, also a senior attorney at Singleton Schreiber, referred to the abuse by ICE in this case, in which there was no reason to arrest the immigrant.
“This result reaffirms that constitutional protections are non-negotiable, and we hope it serves as a warning: this type of abuse will not be tolerated,” she said.
Becca Sheff, a senior staff attorney with the ACLU of New Mexico, acknowledged that this case is a victory for those protected by DACA.
“This case demonstrates that the government should refrain from detaining DACA recipients, and we are grateful that the swift legal action has allowed Paulo to be reunited with his family,” she said.

