Father of four, including infant with serious medical conditions, has lived in U.S. since childhood
ALBUQUERQUE, NM – The American Civil Liberties Union of New Mexico and the law firm Singleton Schreiber, LLP filed a petition for a writ of habeas corpus this morning, challenging the detention of Paulo Cesar Gamez Lira, a 28-year-old DACA recipient and father of four U.S. citizen children who has lived in the United States since he was an infant. A habeas corpus petition requests that a federal court review the legality of a person's detention by federal immigration authorities.
Gamez Lira pulled into his own driveway in Horizon City, on the outskirts of El Paso, Texas, around 8:40 a.m. on August 13 with two of his children in the car with him. Three unmarked vehicles blocked his car, and seven plainclothes men—some masked and armed—roughly pulled him from the driver's seat, injuring his shoulder despite his compliance. The men refused to identify themselves. He is currently held at the Otero County Processing Center in Chaparral, New Mexico, where he has been detained 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 was brought to the United States from Mexico as an infant and has lived nearly his entire life in the El Paso area. He applied for and received Deferred Action for Childhood Arrivals (DACA) in 2014, shortly after it became available. The U.S. government has repeatedly renewed his grant of deferred action since then. He is a skilled worker who currently works as a forklift operator and diligently supports his family.
He has been detained in ICE custody for three weeks, separated from his U.S. citizen wife and children who are all under ten years old. His youngest is only three months old and has serious medical conditions, requiring intensive and ongoing care.
Since August 13, immigration officials have repeatedly encouraged Gamez Lira to agree to voluntarily self-deport.
"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 individuals who were brought to the U.S. as children. DACA recipients nationwide continue to face uncertainty despite the program's bipartisan support.
"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 is representing Gamez Lira in his immigration proceedings. His first hearing was held today at the immigration court in Chaparral, New Mexico.
The petition can be found below.
