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Immigration Law

Jessica Colotl Stripped of DACA Status; Lawsuit Filed

Miriam Jordan, New York Times, May 10, 2017 - "Ms. Colotl, who was brought to the United States by her parents as a child, learned Monday that her DACA status had been revoked, thrusting her into the national immigration debate anew. With a new president in the White House, she is once again facing deportation. Dustin Baxter, Ms. Colotl’s lawyer, on Tuesday requested that a federal judge in Atlanta intervene and reinstate her DACA protection. “We are taking an innocent girl who has done nothing but contribute to the society she has been a part of since she was 11 and making her a villain and poster child for Trump’s deportation policies,” Mr. Baxter said in an interview."

Kate Brumback, Associated Press, May 11, 2017 - "Colotl’s attorney, Charles Kuck, said the revocation of Colotl’s DACA status shows Trump has not told the truth. “Trump promised that DACA kids were fine,” Kuck said. “Nothing’s changed in Jessica’s case. ... They are simply in bad faith punishing her for exercising her rights under the policies enacted by the government.” ... Bryan Cox, a spokesman for U.S. Immigration and Customs Enforcement, said in an email that Colotl admitted guilt in August 2011 to a felony charge of making a false statement to a law enforcement officer and was allowed to enter a pretrial diversion program. He said that “under federal law her guilty plea is considered a felony conviction for immigration purposes.” Kuck disputes that. He said she complied with the terms of pretrial diversion, meaning she did not plead guilty and does not have a felony conviction. Furthermore, he said, paperwork about the pretrial diversion agreement was submitted along with her approved DACA application, and nothing has changed since. Kuck filed a challenge Tuesday in federal court."