ALBUQUERQUE, NM – A federal judge today ordered the immediate release of Paulo Cesar Gamez Lira, a 27-year-old DACA recipient and father of four U.S. citizen children who was unlawfully detained by Immigration and Customs Enforcement (ICE) for 42 days. The American Civil Liberties Union of New Mexico and Singleton Schreiber, LLP filed a habeas corpus petition on Gamez Lira's behalf earlier this month.
The Honorable William P. Johnson granted the petition after the federal government declined to oppose Gamez Lira's release from custody. The government's non-opposition effectively acknowledged that his continued detention was inappropriate.
"I'm overwhelmed with joy and relief," said Alejandra, Gamez Lira's wife. "Paulo belongs with 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. My deepest gratitude to Crystal and Las Americas team, and Rebecca at ACLU-NM. This is our first step to healing.”
Gamez Lira was detained on August 13 when seven federal agents, some masked, surrounded his vehicle in his driveway in Horizon City, Texas, with two of his young children in the car. Despite having a valid grant of DACA, he was held at the Otero County Processing Center in Chaparral, New Mexico, separated from his wife and four children, including a three-month-old infant with serious medical conditions.
"We are gratified by the Court’s swift decision and eager for Paulo’s return to his family," said Marisa Ong, senior counsel at Singleton Schreiber. "Paulo Cesar Gamez Lira's detention was an outright violation of the rule of law. As a DACA recipient with deep roots in this country, his liberty was never lawfully in question."
“Detaining Paulo Cesar Gamez Lira was not only unnecessary, it was unlawful, and it inflicted needless harm on him and his family. Today’s outcome reaffirms that constitutional protections are not optional, and we hope it serves as a warning that such abuses cannot and will not stand,” said Alex Flores, senior counsel at Singleton Schreiber.
"Today's victory belongs not just to Paulo and his family, but to all Dreamers who deserve to live without fear in the only country they've ever called home," said Becca Sheff, senior staff attorney at the ACLU of New Mexico. "This case shows that the government absolutely should refrain from detaining DACA recipients, and we are grateful that swift legal action here has resulted in Paulo being reunited with his loved ones."
Gamez Lira, who has lived in the United States since infancy and works as a forklift operator to support his family, was released from custody today following the court's order.
“We are relieved that Paulo is finally home with his wife and their three-month-old baby, but he should never have been taken from them in the first place. Paulo took the government at their word when he applied, paid for, and received protection as a DACA recipient. His current, valid, and legal grant of DACA was ignored, and he was wrongfully detained like so many others across this country. His case is a stark reminder of the urgent need to protect DACA recipients and immigrant families from wrongful targeting. This outcome would not have been possible without the power of advocacy and the tireless voices who demanded Paulo’s freedom. We will continue to fight for permanent protections so that families like Paulo’s can live with the security and dignity they deserve,” said Marisa Limón Garza, executive director of Las Americas Immigrant Advocacy Center.
