San Diego DACA recipient detained in Arizona over baby food theft

Bryant Sempoalt Chavez, who has DACA status, has been held for over 2 months after being accused of petty theft

Feb. 5, 2026 at 9:31pm

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A DACA recipient who grew up in the San Diego area has been held for more than two months in a detention center in Arizona after he was accused of stealing baby food, according to his family and attorney. Bryant Sempoalt Chavez was brought to the U.S. from Mexico in 2002 when he was 4 years old, and has DACA status that is valid through 2027. He was charged with petty theft in Yuma, Arizona last year and failed to appear in court, leading to an arrest warrant and his transfer to ICE custody.

Why it matters

This case highlights the challenges faced by DACA recipients, who were brought to the U.S. as children and have built lives here, but remain vulnerable to detention and deportation proceedings. It also raises questions about how the justice system handles minor theft cases, especially when the accused has family responsibilities and a valid immigration status.

The details

Sempoalt Chavez was accused of stealing baby food while visiting family in Arizona. When he failed to appear in court, an arrest warrant was issued and he was taken into custody, at which point he was transferred to ICE detention due to the close cooperation between local law enforcement and federal immigration officials in Arizona. His attorney argues that classifying Sempoalt Chavez, who has lived in the U.S. for over 20 years, as an "arriving alien" defies common sense and that his DACA status should protect him from deportation proceedings.

  • Sempoalt Chavez was brought to the U.S. from Mexico in 2002, just before his 4th birthday.
  • He applied for and received DACA when he was 16 years old.
  • He was charged with petty theft in Yuma, Arizona in 2025.
  • He was taken into ICE custody in November 2025 after failing to appear in court.
  • His next deportation hearing is scheduled for February 17, 2026.

The players

Bryant Sempoalt Chavez

A DACA recipient who grew up in the San Diego area after being brought to the U.S. from Mexico as a young child.

Michael Hirman

Sempoalt Chavez's attorney, who is arguing that his DACA status should protect him from deportation proceedings.

Sempoalt Chavez's mother

She expressed the immense pain and suffering the family is experiencing with Sempoalt Chavez detained.

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What they’re saying

“The pain is enormous for him, his wife, his daughters who need him. The whole family suffers. You can't understand how much someone suffers when they have a loved one detained until you live it.”

— Sempoalt Chavez's mother (nbcsandiego.com)

“Let him have his day in court. Try the case. Good luck getting a conviction on someone stealing baby food. That is not something that normally is prosecuted. There might be a deal that's made, where he does community service, does restitution. That's how we normally handle it. We didn't just put someone in unlimited detention because they stole baby food.”

— Michael Hirman, Sempoalt Chavez's attorney (nbcsandiego.com)

What’s next

Sempoalt Chavez's attorney has filed a motion to terminate the deportation case based on his DACA status, with the next hearing scheduled for February 17, 2026.

The takeaway

This case highlights the complex legal and humanitarian issues faced by DACA recipients, who despite having built lives in the U.S., remain vulnerable to detention and deportation proceedings even for minor alleged offenses. It underscores the need for comprehensive immigration reform to provide more stability and protection for these individuals and their families.