Immigration judge dismisses case against Tucson DACA recipient Karla Toledo

An immigration judge on Wednesday dismissed removal proceedings against Karla Toledo, a 31-year-old DACA recipient who was detained by Immigration and Customs Enforcement agents at her Tucson home last month.

Assistant Chief Immigration Judge Irene Feldman found “good cause” to dismiss Toledo’s case after both her attorney and an ICE lawyer filed separate motions requesting the dismissal, according to court records, the Tucson Sentinel reported.

The case was dismissed without prejudice, meaning the government could refile removal proceedings in the future.

Toledo was taken into custody on the morning of May 18 by ICE officers at her home despite holding active status under the Deferred Action for Childhood Arrivals program and having lived in the United States since she was brought to the country at age 1.

Democratic U.S. Rep. Adelita Grijalva, who visited Toledo when she was in ICE custody and brought attention to the case, said the whole episode should not have happened.

“While I am very happy for Karla and her family, they should have never had to go through this incredibly traumatic ordeal. No one should have the sanctity of their home violated by masked agents storming in without a judicial warrant. ICE must be held accountable for their actions, as well as for their smear campaign against Karla following her detainment,” Grijalva said in a statement.

The Tucson congresswoman said Toledo’s case “underscores the cruelty of this administration’s mass deportation agenda, which is now targeting DACA recipients,” and called for a pathway to citizenship for recipients.

Karla Toledo remains ‘nervous of the outcome’

Toledo’s attorney, Mo Goldman, cautioned that the dismissal does not fully resolve her immigration status. Her current DACA protections expire in July, and although she has submitted a renewal application, Goldman said he does not expect it to be approved before the current authorization lapses.

More than a dozen supporters gathered outside the courthouse Wednesday, holding signs reading “Stand with Karla.” Toledo, wearing a bright pink blazer, told reporters she remained “nervous” about her future, according to the Sentinel.

“I am full of emotion. I’m really grateful that my community, who has showed up to me, but I’m still really nervous of the outcome,” she said.

ICE had previously responded to Toledo’s detention by publicly characterizing her in unfavorable terms, which Grijalva called an attempt to “demonize” the DACA recipient.

The case has become a flashpoint in the broader national debate over immigration enforcement and the future of the DACA program, which shields from deportation undocumented immigrants — sometimes referred to as Dreamers — who were brought to the country as children.

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