According to US Citizenship and Immigration Services, individuals who receive deferred action cannot be placed into removal proceedings or be deported from the US.
A policy director of a legal aid group working on his case, Amy Fischer, told The Guardian that he was arrested for possession of less than two ounces of marijuana and then handed over to federal immigration officials. Fischer added, "As a DACA student he should not be detained, period. He has legal status here."
Romero is an alum of the SAY Sí visual arts high school program and has been attending the Southwest School of Art in San Antonio for the past two years.
The SAY Sí program released a heartfelt statement on their Facebook page about Romero's situation. It read:
"We want you to know that the current policies of our administration are affecting lives you’re connected to — people in our community, our students, our families. These are not just things that you see on the news. Josué is a beloved member of the SAY Sí family and has been for 8 years. He has worked hard to build a life here. This is interrupting that life — a life full of promise and opportunity."
Romero's detention comes after Daniel Ramirez Medina — a DREAMer — was confined by ICE officials, causing outrage across the nation.
The 23-year-old did not have a criminal record but was still taken into custody and has yet to be released.
And on Thursday, February 16, president Donald Trump addressed some of the concerns regarding DACA recipients and deportations, after the recent ICE crackdowns.
"We’re gonna show great heart, DACA is a very, very difficult subject for me, I will tell you. It’s one of the most difficult subjects I have because you have these incredible kids," he said. He went on to explain that he's going to "deal with DACA with heart" but that he also has to tackle the issue with other politicians as well — without providing any specifics on how that would take place.
However, people are apprehensive of his so-called accommodations for the program, after he vowed to get rid of Obama's executive orders during his campaign. The Obama administration has provided relief of deportation to 750,000 undocumented immigrant youths to achieve their American Dream through DACA.