A Weslaco wife wants her husband released from immigration custody after she says he was detained just days after their baby's birth.

Inside the NICU, a newborn fights for her life, and her father cannot be by her side because he's in U.S. Immigration and Customs Enforcement custody.

Juan Chavez Velasco, a DACA recipient who has lived in the United States since childhood, was detained by ICE on Feb. 18, 2026, just 12 days after his daughter was born 10 weeks premature.

"He was on his way to Driscoll to see if he could drop off some breast milk," Velasco's wife, Stephanie Villarreal, said.

Villarreal says she was on the phone with her husband when ICE agents took him into custody. It happened at the entrance of their neighborhood, just blocks away from their home.

"He started telling them, 'I'm active DACA, I'm active DACA, I have my work authorization,' and he was frantic, and I was panicking, and the ICE agent basically told him it didn't matter," Villarreal said.

The family's attorney, Jodi Goodwin, says Velasco has no criminal history and has held DACA status for more than a decade.

She says his detention stems from a 2005 removal order after his family's asylum case was denied.

"His parents brought him here when he was eight years old, so he's been here for 27 years," Goodwin said. "When they came in, they came in on a visa. During that time period, while they were still in their status, they applied for asylum."

That asylum request was denied by a judge and upheld on appeal, but the case was reopened in 2016.

Velasco's parents were able to receive their green cards through their daughter, a U.S. citizen, but Velasco did not qualify. He instead received DACA status in 2012.

"Once DACA was announced, he applied immediately for DACA, and he's had DACA continuously for the past 13 years," Goodwin said.

Goodwin says Velasco has renewed his DACA status every two years since, without issue and was never flagged for the prior removal order.

Channel 5 News asked Goodwin why the order was given now.

"Trump. Steven Miller. Horrible, unrealistic, completely illogical priorities targeting DACA recipients," Goodwin said.

Immigration authorities say the arrest is justified.

In a statement, a Department of Homeland Security spokesperson says Velasco is in the country illegally and has a final order of removal.

The spokesperson said DACA does not provide legal status or protection from deportation. Read the full statement below:

“Juan Sebastian Chavez-Velasco, an illegal alien from Colombia, was issued a final order of removal in 2005.

Illegal aliens who claim to be recipients of Deferred Action for Childhood Arrivals (DACA) are not automatically protected from deportations. DACA does NOT confer any form of legal status in this country. Any illegal alien who is a DACA recipient may be subject to arrest and deportation for a number of reasons, including if they’ve committed a crime.

Being in detention is a choice. We encourage all illegal aliens to take control of their departure with the CBP Home App. The United States is offering illegal aliens $2,600 and a free flight to self-deport now. We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live the American dream. If not, you will be arrested and deported without a chance to return.”

Velasco remains in custody at the Webb County Detention Center in Laredo. His attorney has filed a stay of deportation, and ICE will make the final decision.

Back at home, Villarreal waits, caring for their children while their newborn remains hospitalized.

"He deserves to be home with his family, just like any other family deserves to be together. DACA was made to protect people like my husband," Villarreal said.

Watch the video above for the full story.