Central Valley teen mom avoids deportation due to little-known immigration policy
An undocumented Central Valley teen mom who was placed in deportation proceedings has been able to stay in the U.S. thanks to a legal settlement designed to protect unaccompanied minors.
The young mom, who asked to be identified as Margarita for fear of jeopardizing her immigration case, told The Bee she was detained in July 2023 after crossing the U.S.-Mexico border near Tijuana at age 17 with her baby in her arms, along with her newborn’s father and his relatives.
The main reason Margarita, now lives in Merced County, has evaded deportation is because she qualifies to apply for asylum under a class action settlement known as J.O.P. v. U.S. Department of Homeland Security, said Jesús Ibáñez, Margarita’s attorney. The settlement allows certain minors who entered the U.S. before age 18 to pursue asylum even if they’ve been placed in removal proceedings.
It’s unclear how many people could potentially be affected by the settlement. But Margarita’s case illustrates how some lesser-known immigration policies are helping immigrants remain in the country amid the federal government’s deportation crackdown.
Under the Trump administration, asylum claims for potentially hundreds of thousands of other immigrants who don’t qualify for this settlement are expected to be dismissed, making them immediately deportable. This move targets individuals who entered the U.S. unlawfully and later applied for asylum.
To qualify for immigration relief under the J.O.P. settlement, Ibáñez said applicants had to meet several criteria by late February. They had to show proof they were reunited with a loved one, provide documentation that they were classified as unaccompanied minors if they entered the country before turning 18, and submit proof that they sought immigration relief at the time of entry.
“My understanding is that the settlement came about because individuals who had reached the age of majority, but had entered the country as minors, were no longer being considered unaccompanied minors,” Ibáñez said. “As a result, when they submitted their applications to USCIS, they were being rejected and placed in removal proceedings.”
According to Ibáñez, the J.O.P. settlement made it possible for individuals who entered the U.S. before turning 18 to apply for immigration relief as unaccompanied minors without being immediately placed in removal proceedings — even if they are now 18 or older.
For unaccompanied minors currently arriving in the U.S., Ibáñez said there is always a possibility they could be placed in removal proceedings and face deportation, though the outcome will depend on how each case is argued by their attorney and what judges decide in immigration court.
However, what has changed for Margarita and others in her position is that they are now more likely required to appear in immigration court, rather than having their cases decided on without necessarily their presence.
This shift is significant for many attorneys, especially as more people are being detained by federal agents in recent months.
As for Margarita, Ibáñez said it could take up to two years before she is notified of her next step — an interview with USCIS.
Ibáñez took on her case last November. He submitted Margarita’s asylum application with U.S. Citizenship and Immigration Services (USCIS) in February.
Margarita said the most difficult part of her experience immigrating to the U.S. was being separated from her family and having her baby get sick while they were detained in a holding cell at the San Ysidro port of entry in July 2023.
“They didn’t treat me well at immigration. They wouldn’t let me give my baby the cough drops he needed, so he cried all night. We slept on the floor with some blankets they gave us. The room I was staying in was also very cold, which made him even more sick,” she said.
Margarita was later transferred to a detention facility for minors in Riverside with her baby and spent 26 days there before she was sent to live with an aunt in Texas.
Last September, she eventually reunited with the family of her son’s father, whom she had originally migrated with to the U.S. from Mexico.
As she waits a decision on her asylum, Margarita hopes to remain in the United States, where she feels safe in her community, and is already planning for the future.
“I’d love to start attending school and learn English. I’d also like to start working, but I need to wait until I receive my work permit,” she said. “I’m concerned about the current immigration climate however and the possibility of being detained again as well.”
This story was originally published October 5, 2025 at 5:30 AM.
