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"The Department of Homeland Security decided to retaliate and double down, as we're seeing the current administration do to individuals who are the most marginalized in society," said Toledo's immigration attorney Mo Goldman, speaking at a Monday news conference at El Presidio Park.

Toledo, 31, is enrolled in the Obama-era Deferred Action for Childhood Arrivals program, known as DACA, which offers temporary protection from deportation and work permits for people brought to the U.S. as children before 2007, as long as they register with the government and submit to regular vetting.

Targeting Toledo for removal despite her active DACA status shows "bad faith on the part of the government," Goldman said. "The rule of law doesn't matter to this administration."

Goldman and co-counsel Luis Campos have been representing Toledo since immigration agents forced their way into her home without a warrant and arrested Toledo on May 18.

After a public outcry over Toledo's arrest, a DHS attorney filed a motion to terminate its own deportation case against her on June 2, leading to the case's dismissal without prejudice, meaning it could be re-filed.

The DHS motion to terminate said, "Circumstances of the respondent’s case have changed after the notice to appear was issued to such an extent that continuation is no longer in the best interest of DHS," Goldman said.

But the next day, June 3, DHS filed a second "notice to appear," which is the charging document that opens a deportation case. The notice was identical to the first, except that Toledo's husband, who is from Venezuela, was also named, Goldman said. (The document also misspelled Toledo's middle name, Goldman said.)

U.S. Immigration and Customs Enforcement officials in Arizona referred the ÃÛÌÒÓ°ÏñAV to DHS — ICE's parent agency — for answers to the Star's list of questions on Monday.

A DHS spokesperson ignored the Star's questions and emailed a statement the agency previously shared June 17: "Karla Toledo's case was refiled jointly with her husband, so they can face removal proceedings as a family unit."

Last month ICE spokeswoman Monica Yoas told the Star the agents had an "administrative warrant" for Toledo — although only a judicial warrant, signed by a judge, would have allowed for forced entry into Toledo's home. 

ICE has ignored the Star's repeated requests over the past month for a copy of the administrative warrant it claims was used. 

4th Amendment violation alleged

Toledo spent four nights in Eloy Detention Center before ICE released her on bond. Goldman said her release was admission of wrongdoing, as ICE now rarely releases anyone from detention.

"They know they're wrong" to detain Toledo, he said. "We have to be public about what's happening right now. This cannot be something we allow the government to do under a shroud of secrecy."

Toledo has no criminal record and was brought to the U.S. from Sonora, Mexico when she was a year old. She's had protection from deportation under the DACA program since 2012; her DACA is current through July, and her renewal application is pending.

On May 18 ICE agents broke through Toledo's front door and later arrested her, after chasing her husband to the family's front porch. The confrontation with agents, as Toledo demanded a warrant, was captured on Toledo's home surveillance video.

DHS has alleged, without providing evidence, that Toledo assaulted an officer before her May 18 arrest, but more than a month later, no criminal charges have been filed against Toledo.

Goldman said if Tucson immigration judge Michael Lloyd doesn't agree to terminate Toledo's removal case, Toledo's attorneys may pursue a "motion to suppress," which would seek to exclude evidence based on the "egregious violation of the 4th Amendment" that took place when agents broke into her home, he said.

U.S. Rep. Adelita Grijalva and Tucson Mayor Regina Romero, both Democrats, spoke in support of Toledo at Monday's news conference, calling for the deportation case against her to be dropped.

"It is deeply concerning when immigration enforcement appears focused on individuals who are complying with the law, rather than prioritizing genuine public safety threats," Romero said. "Karla's case is about more than one individual. It's about whether we will stand up for fairness, due process and the values that define our community, that define Tucson."

Grijalva said the ICE agents who forced their way into Toledo's home should be held accountable. 

"This is the only country (Toledo) has ever known," Grijalva said. "Through all this Karla has shown extraordinary courage. She could have stayed silent, trying to navigate this ordeal in private; few would have blamed her for doing so. Instead she chose to speak out."

Inaction on DACA

Former President Barack Obama created the DACA program as a temporary measure, until the U.S. Congress could legislate a lasting solution for those brought to the U.S. as children, known as "Dreamers."

But 14 years later, Congress has yet to act.

Grijalva said she's hopeful some Republicans could join with Democrats to create a pathway to citizenship for DACA recipients, a proposal that has long had bipartisan support in polls. 

"I do think that it is the public pressure that is shifting the opinion" on immigration, Grijalva said. "My hope is there are some on the other side, too, that are willing to make the good decision, the right decision and finally push through comprehensive immigration reform. Minimally, we have to legalize DACA and Dreamers."

U.S. Rep. Juan Ciscomani — who has previously expressed support for permanency for DACA recipients — has been silent as DHS has targeted Toledo, said Goldman, who briefly mounted a campaign for Ciscomani's congressional seat last year.

Ciscomani, a Tucson Republican, has not responded to the Star's requests for an update on his position on DACA, in light of DHS's recent targeting of those protected by the program. 

Toledo said Monday she's in therapy to cope with the stress and uncertainty she's experiencing, but she said working with her community and staying busy has helped.

She emphasized DACA recipients don't have a pathway to citizenship, except for potentially through marriage to a U.S. citizen.

"I was not going to get married for that, because I wanted to follow the law," she said.