Mr Ramirez's legal team said this could be the first time under the Trump administration that a person covered by DACA had been taken into immigration custody.
While the USA claims Daniel Ramirez Medina admitted in custody to being a gang member, his lawyers contend he was falsely accused and is being unlawfully detained amid recent sweeps by agents across at least a half-dozen states that have netted some immigrants with no criminal records.
When Daniel Ramirez Medina was arrested in Seattle last Friday it quickly became national news because Medina is a "dreamer", i.e. he is registered under President Obama's Deferred Action on Childhood Arrivals (DACA) program.
While President Donald Trump has issued a draconian anti-immigrant executive order that appears to have set in motion a sharp increase in ICE raids nationwide, the arrest of Daniel Ramirez Medina in Seattle last week marks the first detention of an immigrant allowed to live and work legally in the US under the Deferred Action for Childhood Arrivals (DACA) program since Trump took office. -Mexican border and to immediately deport millions of undocumented immigrants, has already signed executive orders targeting sanctuary cities and ordering construction of the southern border wall to begin. The Guardianreports a hearing has been scheduled for Friday.
In a statement, an ICE spokeswoman said the 23-year-old had told agents he was a gang member, and was taken into custody for being a "risk to public safety". "It wasn't are you a gang member anymore".
DACA recipients should consult with an immigration attorney certified to answer questions, Escalante says.
Ethan Dettmer, one of the attorneys representing Ramirez, told Reuters that his client was pressured to say that he is in a gang. They were looking for his father, who has an order to be deported from the country.
At the detention center, it was determined he Ramirez Medina was a DACA recipient and did not have a criminal history. However, she noted that when they come across someone who is in violation of federal immigration laws, they do arrest them.
Under DACA, foreign citizens brought to the country illegally as minors were protected from deportation and given a work permit, valid for two years after each renewal.
People in the program are sometimes called "dreamers", in reference to the proposed Development, Relief and Education for Alien Minors legislation, aimed at setting up a path to permanent residency for immigrants, which failed to pass. Attorneys for Ramirez challenged his detention in federal court in Seattle Monday, arguing the arrest violates his constitutional rights to live and work in this country without the fear of arrest and deportation so long as he satisfies DACA requirements. The protests are a response to the Trump administration's sweeping immigration crackdowns and the alarming raids that Immigration and Customs Enforcement has pursued in the last week.
"They are here illegally. There is a lot of concern in the community over how these new activities affect them and their families", Barber says.
On the campaign trail, Trump had promised to repeal what he had called Obama's "illegal" orders on illegal immigrants, but Thursday he said "we're going to show great heart".
"Daniel must be given his freedom, now", said United We Dream Advocacy Director Greisa Martinez in the Washington Times.
"While it is not common, ICE has arrested previous DACA recipients during enforcement operations in the past who, by their criminal conviction (s) or affiliation, fall into ICE enforcement priorities, including threats to national security or public safety" a different ICE spokesman said on background.