An individual who was granted protection under the Obama-era DACA program finds himself in a precarious situation after accidentally crossing into Mexico due to a missed exit. Eric Hernandez was reportedly driving two passengers from Los Angeles to the border when the incident occurred at San Isidro on June 1. Under DACA, recipients are not allowed to leave the U.S. without permission, which complicates matters for Hernandez.
“He is really scared to go back to El Salvador, as he hasn’t been there since childhood,” his attorney, Valerie Shigamani, explained. She added, “After this happened, he essentially lost everything. He returned to the U.S., stating it was a mistake—not an intentional act of leaving.” Following his misstep, Hernandez faced expedited removal proceedings and was detained at the Otay Mesa Detention Center.
Hernandez relocated to the U.S. at 14 and obtained his DACA status, having parents who are legal residents. According to his legal team, he has maintained a clean criminal record. They also alleged that Customs and Border Protection agents requested bribes from him during the encounter, a claim they have reported to the FBI. However, as of now, there has been no response from CBP regarding these allegations.
In a statement, a DHS spokesperson emphasized that DACA does not grant legal status. They characterized Hernandez as an “illegal Mexican alien,” despite his origins in El Salvador. The statement confirmed he was taken into custody after attempting to cross the border unlawfully, asserting he “essentially destroyed himself” by re-entering the U.S. unauthorized.
Hernandez’s wife, Nancy Rivera, expresses concern over what deportation would mean for their family. She shares that he is the primary breadwinner and managing all responsibilities alone is daunting. “He’s hopeful something positive will come out of this, but he’s also deeply worried,” Shigamani added, emphasizing Hernandez’s fear of returning to a country that feels foreign to him.
