A Texas mother of three, Jessica Treviño Villegas, has initiated legal action against the federal government to secure her return to the United States after being deported to Mexico. Her attorneys filed the lawsuit in the U.S. District Court for the Southern District of Texas, citing her removal in March despite possessing valid permission to remain in the country through April 2027 under the Deferred Action for Childhood Arrivals (DACA) program.
Villegas had lived in Alamo, Texas, after arriving from Mexico at the age of seven. She was raising three U.S. citizen teenagers who are set to resume school soon. In a statement, Villegas expressed, “I have lived in this country since I was a little girl. Ever since applying for DACA 14 years ago, I followed every rule, believing this country would do right by me and my family. I was taken from my children, and the government is now trying to revoke the protections meant to keep me here.”
Her deportation followed an arrest by Homeland Security agents in South Texas and subsequent detention. Villegas received an order of voluntary departure “under safeguards,” scheduled to leave by March 19. Nevertheless, she was held in custody and deported on March 25. The lawsuit asserts, “Petitioner was in valid DACA status at the time she was removed. Petitioner cannot be lawfully removed while in DACA status.”
The lawsuit names DHS Secretary Markwayne Mullin and ICE Acting Director Todd Lyons as defendants, requesting Villegas’ return due to her unlawful removal. DHS issued a notice to terminate her DACA status for “unauthorized travel” the day she was deported. It reads, “Petitioner remains in valid DACA status and separated from her United States citizen children.”
Villegas was granted DACA at age 20, allowing her to stay and work in the U.S., though it does not provide legal status. DACA recipients must avoid criminal activity and overseas travel. “My children need their mother,” Villegas stated. “I am not giving up. I will fight until I come home. No family should endure this.”
DHS revealed Villegas’ husband lacked permission to be in the U.S. when arrested in December after an accident with a Homeland Security vehicle. She “accepted voluntary departure and waived appeal,” said DHS. “She left the U.S. on March 25, 2026, and will NOT return.”
Attorney David Rozas requests a federal judge to declare her removal unlawful, stating, “Her DACA remains valid through April 2027. The government had no lawful basis to remove her.” During the Trump administration, 86 DACA recipients have been deported and 241 arrested, according to DHS in a letter to Senator Richard Durbin.
According to Tania Chavez of La Unión del Pueblo Entero, Villegas’ case is an example of systematic targeting of DACA recipients. “Jessica did not willingly leave. She was detained and deported illegally,” Chavez said. “The same agency that caused chaos now threatens to revoke her DACA protections. It’s cruel and unlawful.” Chavez emphasized ongoing support for Villegas, noting, “We stand with Jessica as she fights for her return. We hope her efforts ensure her safe return home.”
Contact Newsweek editors on this story: Jason Lemon and Cristina Diciu.