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An illegal immigrant who was taken into federal custody by Immigration and Customs Enforcement agents because her Deferred Action for Childhood Arrivals status was expired moved on Friday to request a judge hear her case. She had to make the request because receiving a hearing is not required in the cases of previous visa waiver recipients.

Federal agents detained Daniela Vargas on Wednesday after she spoke at a press conference and identified herself to the public as lacking documentation to be in the U.S.

Vargas, 22, had told the crowd at an event in downtown Jackson, Miss., that she worried about being deported. Following the event, Vargas’ attorney Abby Peterson claimed her client was stopped by Immigration and Customs Enforcement agents and taken into custody.

Peterson said her client arrived in the U.S. from Argentina 15 years ago. She and her parents received 90-day visas. As part of the terms, recipients waive their rights to a hearing before a judge if they overstay, allowing ICE to deport Vargas without giving her a hearing.

Peterson told Buzzfeed they expect a decision on whether Vargas will get a client by next week.

Vargas was one of 750,000 illegal immigrants who entered the U.S. illegally as a minor and was later approved to receive Deferred Action for Childhood Arrivals, which gives them legal presence for two years. However, Vargas failed to renew her DACA status before it expired.


Peterson said Vargas’ renewal application is pending and said ICE agents responded that she was considered a “visa overstay.”



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