Attorney: DACA recipient detained in Tucson could be released soon

TUCSON, Ariz. (13 News) – The DACA recipient detained by ICE at her Tucson home earlier this week may soon be released from federal custody.

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Karla Toledo’s attorney told 13 News on Thursday that she could be released from the ICE detention center in Eloy in the coming days.

Mo Goldman, who represents Toledo, confirmed her bond was set at $1,500.

Toledo was taken into custody by ICE at her home on Monday, May 18.

Arizona lawmakers and local activists had been calling for her release, claiming Toledo was a DACA recipient, that her status was up to date, and that she had no criminal history.

The Department of Homeland Security claims that isn’t true.

DHS said Toledo assaulted a federal agent who was trying to detain another person on Monday, and claimed Toledo was in the country illegally.

“On May 18, ICE arrested Karla Toledo, an illegal alien from Mexico, during a targeted immigration enforcement operation near Tucson,” DHS said in a release to 13 News. “During the operation, Toledo assaulted a law enforcement officer—a felony and crime — who was attempting to apprehend another individual.”

DHS said that while Toledo applied for DACA, she entered the U.S. illegally on Oct. 12, 2024.

“At the time of her arrest, ICE had an active warrant and a pending application for DACA (from Toledo). She will remain in ICE custody pending her removal proceedings,” DHS said. “Illegal aliens who claim to be recipients of DACA are not automatically protected from deportations. DACA does NOT confer any form of legal status in this country.”

Goldman denied and refuted ICE’s claims.

“There is surveillance footage that shows that Ms Toledo did not assault a DHS officer,” Goldman said. “She did not assault a DHS officer; that was fabricated.”

Goldman said Toledo has lived in the United States since she was 1 year old. ICE claimed that Toledo’s application for DACA was pending, and she will remain in custody for removal proceedings.

“She’s like tens of thousands of DACA applicants right now that have applications that are just sitting and pending with U.S. immigration,” Goldman said.

ICE also alleged Toledo had an active warrant for her arrest, but stopped short of identifying what the warrant entailed.

Goldman and Toledo’s family said that she was an active member of the community who knew her rights and asked the federal agents to present a warrant signed by a judge before agents entered her home.

The family and lawyer claim that the agents never presented a warrant signed by a judge and went into the family’s home.

Arizona representative Adelita Grijalva questioned this too and released a video statement, which can be watched below, responding to ICE’s allegations.

In the video, she said, “(ICE) has not answered why agents violently stormed Karla Toledo’s home without a warrant signed by a judge. Despite Trump’s promise to target ‘the worst of the worst,’ this administration is going after young people brought to this country as children through no fault of their own.”

Toledo’s mother, Veronica, stood behind the family representative and lawyer throughout the press conference, speaking about her daughter through tears.

In Spanish, she said, “It’s important and unjust that my daughter was arrested. My daughter needs to be free because she’s a great person who’s worked very hard in the community.”

IMMIGRATION ATTORNEY WEIGHS IN

Goldman had previously told 13 News that Toledo’s DACA status was up to date, but he believes ICE may have justified her arrest due to trips she made out of the country.

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He said she was issued a travel permit to leave the U.S., called advance parole, but said there aren’t clear requirements about how many times it can be used.

“Apparently, that was their basis for detaining her: that she used it more than one time,” Goldman said on Tuesday.

He said the backlog of DACA renewals also makes it hard to determine what is and isn’t allowed for DACA recipients.

“Part of the problem is that she filed for DACA as an extension, and the U.S. immigration service has been sitting on it for months, like many others, and it’s forcing people to ultimately not be in that DACA-protected status,” Goldman said.

TOLEDO’S ARREST & REACTION

Rep. Adelita Grijalva said she visited Toledo at an ICE holding facility in Tucson after her arrest on Monday.

“I just got done visiting with Karla Toledo at an ICE facility in Tucson,” Grijalva said in a release Monday. “Karla is a DACA recipient with legal status in this country who is a beloved member of our community that serves on local boards and volunteers her time helping others.”

Grijalva claimed agents entered Toledo’s home without a warrant and said she is calling on ICE to release Toledo immediately. She said her office left paperwork for Toledo, who is physically OK, to fill out.

“ICE’s blatant disregard for the rule of law and due process is outrageous and completely out of line,” she said. “We live in a country where everyone has constitutional rights, no matter how hard ICE tries to trample on them. Karla must be released immediately, and ICE must stop terrorizing our communities.”

Several groups, including Scholarships A-Z and the Party of Socialism & Liberation, hosted an emergency protest Monday demanding the release of Toledo, whom they called an anti-ICE activist. It was held at the ICE field office at 6431 South Country Club Road.

PSL Tucson claimed that ICE said Toldeo was “detained based on a legal requirement that doesn’t even exist.”

Scholarships A-Z Executive Director Carolina Silva said she has known Toledo for five years. She said Toledo has lived in the U.S. since she was only 1 year old and has become a member of the Tucson community.

“She’s an influencer, she’s a caretaker for her younger sister, she’s worked at various nonprofits, always helping the community,” Silva said.

Silva said Toledo has no criminal history, but 13 News has not been able to confirm that.

“This is just really upsetting. Karla has lived here her whole life and should have this protection, so I think it’s really concerning to see that that protection isn’t being taken into account; it’s being violated, and she was, right, forcefully removed without reason,” Silva said.

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