The Omaha man arrested for allegedly playing a key role in the planned attack on the White House is now accused of being in the country illegally.READ MORE: Court documents detail Omaha man’s suspected involvement, targets of planned attack at White House UFC showThe Department of Homeland Security said he overstayed a visitor visa and was then granted deferred action under the immigration program for young dreamers.DHS said in a news release Thursday that 31-year-old Abraham Hermosillo Alvarez was 6 when his B2 visitor visa expired and was later granted Deferred Action for Childhood Arrivals status when he was 19.However, Alvarez’s current immigration status is vague.“There was no indication in the press release about his DACA status had been revoked,” Omaha immigration attorney Julia Cryne said.READ MORE: Photos show FBI investigating abandoned church in Nebraska tied to alleged White House UFC attack plotKETV NewsWatch 7 asked DHS what qualified Alvarez’s status as illegal but has not yet received a response.Cryne said DACA was created in 2012 and was supposed to be a stepping stone to permanent residency for young people.“To give them an option to have temporary legal status, work authorization to pursue higher education or employment,” she said, and added that Congress failed to assimilate a similar permanent program. Later in 2017, the first Trump administration changed the rules.“They would only accept renewals of people who are already part of the program,” Cryne said.That means new DACA grants came to a halt nine years ago. Cryne said in order for recipients to maintain this status, they cannot travel without permission and cannot have a criminal history.The Board of Immigration Appeals decision in April changed this, stating deferred action does not provide deportation protection.“They’re using their discretion to say we’re now going to revoke your DACA even if you haven’t done anything wrong, even if nothing’s changed,” Cryne said.She said the lack of clarity from DHS on Alvarez’s immigration status has her concerned about repercussions in the immigrant community, citing prior incidents of backlash.“When we had the shooting by the Afghan national against the National Guard person in Washington, D.C., as a result, USCIS announced that they would pause all Afghan processing of all cases nationwide,” she said.MORE COVERAGE: Omaha resident arrested as FBI disrupts ‘planned attacks’ targeting White House UFC showCryne said she hopes that does not happen in this case but wouldn’t be surprised either.“If he did what he’s accused of and he’s convicted of it, he’ll have to be held responsible for those acts,” she said. “But it’s not fair to prejudge him before he’s convicted. And it’s not fair to judge all DACA holders as though they’re all guilty of the same thing.”Cryne said vague claims like this ahead of criminal proceedings can be harmful.“You’re potentially tainting the jury pool and making it so it’s more difficult for that person to get a fair trial. That, I think, is problematic,” she said.Alvarez will be in federal court on Wednesday.Make sure you can always see the latest news, weather, sports and more from KETV NewsWatch 7 on Google search.NAVIGATE: Home | Weather | Local News | National | Sports | Newscasts on demand |

OMAHA, Neb. —

The Omaha man arrested for allegedly playing a key role in the planned attack on the White House is now accused of being in the country illegally.

READ MORE: Court documents detail Omaha man’s suspected involvement, targets of planned attack at White House UFC show

The Department of Homeland Security said he overstayed a visitor visa and was then granted deferred action under the immigration program for young dreamers.

DHS said in a news release Thursday that 31-year-old Abraham Hermosillo Alvarez was 6 when his B2 visitor visa expired and was later granted Deferred Action for Childhood Arrivals status when he was 19.

However, Alvarez’s current immigration status is vague.

“There was no indication in the press release about his DACA status had been revoked,” Omaha immigration attorney Julia Cryne said.

READ MORE: Photos show FBI investigating abandoned church in Nebraska tied to alleged White House UFC attack plot

KETV NewsWatch 7 asked DHS what qualified Alvarez’s status as illegal but has not yet received a response.

Cryne said DACA was created in 2012 and was supposed to be a stepping stone to permanent residency for young people.

“To give them an option to have temporary legal status, work authorization to pursue higher education or employment,” she said, and added that Congress failed to assimilate a similar permanent program.

Later in 2017, the first Trump administration changed the rules.

“They would only accept renewals of people who are already part of the program,” Cryne said.

That means new DACA grants came to a halt nine years ago.

Cryne said in order for recipients to maintain this status, they cannot travel without permission and cannot have a criminal history.

The Board of Immigration Appeals decision in April changed this, stating deferred action does not provide deportation protection.

“They’re using their discretion to say we’re now going to revoke your DACA even if you haven’t done anything wrong, even if nothing’s changed,” Cryne said.

She said the lack of clarity from DHS on Alvarez’s immigration status has her concerned about repercussions in the immigrant community, citing prior incidents of backlash.

“When we had the shooting by the Afghan national against the National Guard person in Washington, D.C., as a result, USCIS announced that they would pause all Afghan processing of all cases nationwide,” she said.

MORE COVERAGE: Omaha resident arrested as FBI disrupts ‘planned attacks’ targeting White House UFC show

Cryne said she hopes that does not happen in this case but wouldn’t be surprised either.

“If he did what he’s accused of and he’s convicted of it, he’ll have to be held responsible for those acts,” she said. “But it’s not fair to prejudge him before he’s convicted. And it’s not fair to judge all DACA holders as though they’re all guilty of the same thing.”

Cryne said vague claims like this ahead of criminal proceedings can be harmful.

“You’re potentially tainting the jury pool and making it so it’s more difficult for that person to get a fair trial. That, I think, is problematic,” she said.

Alvarez will be in federal court on Wednesday.

Make sure you can always see the latest news, weather, sports and more from KETV NewsWatch 7 on Google search.

NAVIGATE: Home | Weather | Local News | National | Sports | Newscasts on demand |