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By Mandy Taheri
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Erick Hernandez Rodriguez, a recipient of the Deferred Action for Childhood Arrivals program who came to the United States 20 years ago, has been held in U.S. Immigration and Customs Enforcement (ICE) custody for nearly two months after allegedly taking a wrong turn during a rideshare trip into Mexico, according to his attorney.
Department of Homeland Security Assistant Secretary Tricia McLaughlin told Newsweek that Hernandez Rodriguez "self-deported and then tried to illegally re-enter the U.S."
Newsweek has reached out to Hernandez Rodriguez's lawyer via LinkedIn message and contacted Customs and Border Protection (CBP) and ICE for comment via email on Friday.
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Why It Matters
Hernandez Rodriguez's detention comes as thousands of people have been arrested and detained, including immigrants residing in the country illegally and legally, with valid documentation such as green cards and visas. President Donald Trump has vowed to carry out the largest mass deportation effort in U.S. history, and the administration has deported thousands of people to their countries of origin, as well as a smaller percentage to third countries with U.S. agreements. It has also encouraged individuals without proper documentation to self-deport.
In 2012, then-President Barack Obama introduced the DACA program, offering protections and work authorizations for millions of undocumented residents who came to the U.S. as minors. The program, which has about 538,000 active participants, has been in legal and political limbo for years as courts have weighed its validity.
The first Trump administration attempted to end the DACA program, but the president also proposed extending protections for its recipients as part of broader immigration deals that included funding for a border wall and other policy changes.
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What To Know
"On June 1, 2025, CBP officers arrested Rodriguez as he tried to illegally cross the southern border," McLaughlin told Newsweek, reiterating that he "self-deported" first. However, according to Hernandez-Rodriguez's attorney, Valerie Sigamani, he was completing a ride-share trip to San Ysidro as a driver when he mistakenly missed an exit and inadvertently crossed into Mexico. San Ysidro is a district of San Diego, just north of the Mexican border.
His lawyer told NBC San Diego, "And when that happened, he lost everything, basically. He no longer has DACA. His attempt to come back to the United States and say, 'This was a mistake. It was an accident. I was not trying to leave the United States,' was ignored," Sigamani said. Individuals with DACA must obtain advance parole prior to leaving the country.
"DACA does not confer any form of legal status in this country. Any illegal alien who is a DACA recipient may be subject to arrest and deportation," McLaughlin said.
Sigamani alleges that CBP officials at the border asked her client for a bribe to return to the U.S. and has filed a complaint with the FBI on the matter.
In response to a request for comment on the allegations, McLaughlin said, "CBP takes all allegations of misconduct seriously, investigates thoroughly, and holds employees accountable when policies are violated. This matter has been referred to the CBP Office of Professional Responsibility (OPR) for review."
Newsweek has confirmed with the ICE detainee database that he is currently held in the Otay Mesa Detention Center. McLaughlin told Newsweek that he is "in expedited removal proceedings."
The 34-year-old came to the U.S. 20 years ago. Hernandez-Rodriguez's wife, Nancy Rivera, is a U.S. citizen, and told NBC San Diego the couple began the process for his permanent legal status following their marriage last fall. The couple has a daughter together and is expecting a son next month. Rivera had two daughters when they first met.
There have been other reported detentions involving individuals who accidentally crossed international borders, including Milad Aspari, a green card holder who was doing construction work near the U.S.-Canada border when he mistakenly entered Canada.
What People Are Saying
Department of Homeland Security Assistant Secretary Tricia McLaughlin told Newsweek in a Friday statement: "Illegal aliens can take control of their departure with the CBP Home App. The United States is offering illegal aliens $1,000 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live American dream. If not, you will be arrested and deported without a chance to return."
Valerie Sigamani, Hernandez-Rodriguez's attorney, told NBC San Diego: "He's sad about the entire situation. He's afraid of returning to El Salvador. He doesn't know that country. He hasn't been there since he was a kid, so he has no idea what it's like to live in El Salvador."
Nancy Rivera, Hernadez-Rodriguez's wife, told NBC San Diego: "I'm just worrying. I'm just worried that he's, if he gets deported, like, how I'm going to manage everything by myself. It's just a lot of, you know, stress, anxiety that I have."
What Happens Next?
Hernandez Rodriguez is facing deportation. He remains in Otay Mesa Detention Center under "expedited removal proceedings."
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