Tucson DACA recipient Karla Toledo appeared in immigration court Tuesday as her attorneys asked a judge to dismiss deportation proceedings against her.
Toledo appeared alongside her husband, Wilder, at the Tucson Immigration Court on October 6. Both are facing deportation. .
Toledo’s attorney, Mo Goldman, asked the court to dismiss her case and terminate the proceedings. The judge denied the request.
Goldman said this is the start of a long fight.
“This is unfortunately just the beginning of this battle and we’re going to continue to fight this, not just for Karla, but for so many other DACA,” Goldman said.
Around 20 people gathered outside of the federal courthouse in Tucson to show support for Toledo during her court hearing. But Toledo said that even when the judge was in favor of the government in this case and denied her lawyers' petitions of dismissing her deportation case, she won’t stop fighting.
“I'm going to continue even though it's been really hard. We have talked about leaving and going like we what are we doing here? But I don't know anywhere else,” Toledo said.
The hearing comes months after Toledo was detained by ICE agents at her Tucson home on May 18. At the time, Toledo was a recipient of DACA, or Deferred Action for Childhood Arrivals, a policy designed to provide legal protections for immigrants who arrived in the country as children. She had maintained DACA protection since 2012. She was later released from ICE custody.
“Talking about the aftermath of having people come into your home when they were not supposed to. There's a lot of trauma involved in those things and I can't be a normal person right now. I walk and I'm looking around and I just don't feel safe,” Toledo said.
An immigration judge dismissed Toledo’s original deportation case in June. That dismissal was without prejudice, meaning the government could bring another case against her.
On June 3, the Department of Homeland Security filed a new notice to appear against Toledo, just one day after the original case was dismissed. Goldman subsequently filed another motion seeking to terminate the new proceedings.
Rep. Adelita Grijalva has shown Toledo support throughout the process.
“This administration dismissed charges and then brought charges back up again and continues to keep this person – who by all accounts is an active participant in our community, works for non-profit organizations, helps so many people – and her life has not been stable since ICE knocked down her door and dragged her out,” Grijalva said.
The government has previously alleged that Toledo illegally re-entered the United States in 2024 and assaulted an immigration officer. Toledo’s attorney has disputed those allegations, saying she had authorization to return to the country through advance parole, and that surveillance video contradicts the allegation that she assaulted an officer.
Toledo was brought to the United States from Ciudad Obregón, Sonora, when she was 1-year-old and has spent most of her life in the US. Her case has drawn support from Tucson community members and local elected officials.
For now, Toledo’s immigration case remains active. Her legal team is continuing to fight the deportation proceedings.
Toledo’s next hearing date is set for March 26, 2027.
