DACA Recipient Can Sue Agents for Illegal Arrest, Imprisonment

Federal courts have jurisdiction to hear a suit by an immigrant with DACA status alleging that federal agents unconstitutionally arrested her under an old removal order, the Sixth Circuit said.

Under the Deferred Action for Childhood Arrivals program, young immigrants who meet specified criteria may apply for a renewable two-year deferral of removal, the US Court of Appeals for the Sixth Circuit said Monday. When immigrant Riccy Enriquez-Perdomo became a DACA recipient, she was granted affirmative relief from removal and a 2004 order was no longer executable, the court said.

The decision highlights a circuit split. The Fifth and Eighth ...