ICE Reinstates Arrest of DACA Recipient After Expedited Return to U.S.
The Trump administration has taken immediate action regarding the case of Jose Contreras Diaz, a 30-year-old man who was deported to Honduras earlier this year but was allowed to return to the United States after his attorney argued that he maintained eligibility under the Deferred Action for Childhood Arrivals (DACA) program. Upon arrival in Texas, however, ICE agents arrested him again, taking him to the Port Isabel Detention Center in South Texas.
Contreras, who arrived in the U.S. at the age of eight, had hoped to reunite with his wife and young son following his return. His attorney, Stacey Tolchin, expressed disbelief over the situation, stating, “Why would we spend so many resources just to bring someone back on a chartered flight and detain them again?” She emphasized that Contreras was eagerly anticipating being reunited with his family, making the turn of events especially shocking.
Initially, Contreras faced detention during an appointment with immigration officials this year, leading to his quick deportation. His family’s deportation order was issued over 20 years ago, yet he remained in the U.S. until authorities acted on the order earlier this year. Despite this, the government had approved DACA applications, a program designed to protect individuals from deportation. Tolchin noted that Contreras has applied for DACA renewal, but that process remains pending.
Following his deportation, Tolchin sent a letter to ICE asserting that Contreras’ removal was illegal due to his valid DACA status. She included a recent federal ruling that had ordered the return of another DACA recipient, Maria de Jesús Estrada Juarez, deported while seeking permanent residency. The judge concluded that her deportation constituted a “clear violation” of DACA protections.
The government ultimately acquiesced to Tolchin’s arguments, arranging for Contreras’s return. However, after his readmission, ICE officials informed Tolchin that there was no clarity on when he might be released from detention. In response, Tolchin indicated plans to file a lawsuit against the Department of Homeland Security, seeking to challenge the legality of Contreras’ current detention status.
Earlier this week, the Department of Homeland Security reaffirmed that DACA does not grant any legal status within the country. Their statement indicated a hardline stance on immigration, asserting, “The end result will be the same: he will not be able to remain in the United States.” According to the agency, individuals residing in the U.S. illegally have the option to leave voluntarily or face arrest and deportation.
Since assuming office, President Trump has intensified crackdowns on immigration, particularly targeting DACA recipients. From January to November 2025, a reported 261 DACA recipients were arrested, with 75 occurring in Texas alone. Additionally, estimates suggest that between 86 and 174 DACA recipients have faced deportation during the same timeframe, although the Department of Homeland Security provided differing figures to lawmakers.
The DACA program, established by the Obama administration in 2012, offers young immigrants brought to the U.S. as children the opportunity to apply for renewable work permits and protection from deportation, provided they have no criminal convictions. The first Trump administration sought to eliminate the program entirely, but efforts were thwarted by a U.S. Supreme Court ruling.
