Imagine living your entire life in a place, paying taxes, raising kids, and following every single rule, only to find yourself sitting in a terminal in Mexico City with nothing but the clothes on your back. It sounds like a movie script. For Evenezer Cortez Martinez, it was a Tuesday.
This is the reality of the legal tightrope known as the Deferred Action for Childhood Arrivals program. Most people think DACA is a permanent shield. It's not. It’s a temporary pause on deportation that can be yanked away by a clerical error or a shift in court winds. When we talk about a DACA recipient deported to Mexico and returned, we aren't talking about a simple travel story. We’re talking about a massive legal battle that usually requires federal lawsuits to fix.
The Case of Evenezer Cortez Martinez: A Nightmare in Dallas
Honestly, Evenezer did everything by the book. He’s a father of three from Roeland Park, Kansas. In early 2025, he wanted to visit his grandfather’s grave in Mexico. He didn't just hop on a plane. He applied for "advance parole," which is basically the golden ticket for DACA recipients to travel abroad and come back legally.
USCIS gave him the green light. He went to Mexico, paid his respects, and flew back into Dallas Fort Worth International Airport on March 23, 2025. He expected to be home for dinner. Instead, Customs and Border Protection (CBP) pulled him aside.
They told him he had an "in absentia" removal order from June 2024. Evenezer had no idea this existed. He hadn't received a single notice in the mail. Despite having valid DACA papers and an approved travel document, the officers put him on a plane back to Mexico. Just like that, a man who had lived in the U.S. since he was 4 years old was "home" in a country he didn't know.
How he actually got back
The only reason Evenezer is back in Kansas today is because of a high-stakes legal blitz. His attorney, Rekha Sharma-Crawford, didn't just file a standard appeal. She sued the government in the U.S. District Court for the Northern District of Texas.
The lawsuit argued that the government shouldn't have issued the travel permit if they intended to deport him the second he used it. It was a "bait and switch" that the courts couldn't ignore. After the case drew national heat, the government "resolved" the issue. On April 8, 2025, Evenezer landed back in Kansas City.
He turned 40 while he was stuck in Mexico. His kids met him at the airport with "Happy Birthday" balloons. It was a win, but it was a terrifyingly narrow one.
Why the "Deported and Returned" Story is So Rare
You've gotta understand that for every Evenezer, there are dozens who stay stuck. Once a person is physically removed from the U.S., the legal door usually slams shut.
Most people who "return" after being a DACA recipient deported to Mexico and returned do so through one of three very specific, very difficult paths:
- Vacating a Wrongful Order: This is what happened with Evenezer. If the deportation was based on a legal error—like a missed notice or a document issued in error—a federal judge can order the government to bring the person back.
- Humanitarian Parole: This is rare. It’s for cases where someone needs to return for urgent medical treatment or because their absence is causing "extreme hardship" to a U.S. citizen family member. Jaime Avalos, a DACA recipient from Houston, had to use this after being barred for 10 years during a botched "legal" entry attempt in 2023.
- The D-3 Waiver: This is a technical move for people who were deported but have a high-level job offer in the U.S. It doesn't give them DACA back, but it can let them return on a work visa like an H-1B.
The Legal Chaos of 2025 and 2026
The rules are changing as we speak. In January 2025, the Fifth Circuit Court of Appeals threw another wrench into the system. They basically said DACA is unlawful but let current recipients keep their status for now.
But there’s a catch.
In Texas, the courts are trying to "sever" work permits from deportation protection. This means a DACA recipient in El Paso might have different rights than one in New York. If you’re a DACA recipient deported to Mexico and returned in this climate, you’re navigating a map where the borders are moving under your feet.
Common Misconceptions
- "If I have Advance Parole, I'm safe." False. CBP always has the final say at the border. They can deny entry for almost any reason, including old tickets or "discretionary" concerns.
- "I can just stay in Mexico and wait for a green card." Nope. If you leave without the right paperwork, you might trigger a 10-year bar. That means you can't even apply to come back for a decade.
- "The government will notify me if there's a problem." Evenezer’s case proves they often don't. Addresses get lost, mail gets diverted, and the "system" doesn't care if you didn't get the memo.
Practical Steps If You're Traveling on DACA
If you or someone you know is planning to use advance parole, don't just wing it. The stakes are literally your entire life.
First, do a deep dive into your own history. You need to know if there was ever a "removal proceeding" started against you in the 90s or 2000s. Even if it was dismissed, it can haunt you at the airport.
Second, get a FOIA request. This stands for Freedom of Information Act. You can ask for your entire immigration file. If there’s a "removal order in absentia" lurking in there like there was for Evenezer, you’ll see it before you leave the country.
Third, carry your lawyer's cell number. Not their office number. Their cell. If you get pulled into a secondary screening room at the airport, you need someone who can file an emergency stay before they put you on a plane.
Honestly, the "returned" part of the story is the exception, not the rule. It takes a perfect storm of legal talent, media attention, and a clear government error to reverse a deportation.
For the roughly 530,000 people still in the program, the lesson is clear: DACA is a shield, but it's made of glass. One wrong move, or one unlucky encounter with a CBP officer who sees an old flag in the system, and that shield shatters.
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Actionable Insights for DACA Holders:
- Always check the "EOIR automated case portal" with your A-number before traveling to ensure no hidden removal orders exist.
- Ensure your mailing address is updated with USCIS within 10 days of any move using Form AR-11; missed notices are the leading cause of "in absentia" deportations.
- If detained at a port of entry, do not sign anything (like a Form I-827) without a lawyer present, as this can waive your right to a hearing.
- Keep a digital "emergency folder" with copies of your DACA approval, advance parole document, and birth certificate accessible to a family member in the U.S.