Montes appears to be the first DACA recipient to be deported under the Trump administration, and his case sets off warning bells for the thousands of people who immigrated illegally to the United States as children and now live under DACA protection. But the paper reported Montes' lawsuit contends that he climbed a fence only after he was suddenly deported while being protected by DACA. But if Montes is telling the truth, his deportation is the first reported case of someone with active DACA status being expelled from the country.
"Border Patrol then took him to a local station, where they made him sign documents without allowing him to see an immigration judge, seek counsel, or obtain copies of the documents he signed", the organization said. Even if the crime is a mere speeding ticket, the Trump administration has expanded deportation directives for criminals to include immigrants with DACA status. "However, even if MONTES-Bojorquez had informed agents of his DACA status, he had violated the conditions of his status by breaking continuous residency in the United States by leaving and then reentering the USA illegally".
A DREAMer was deported to Mexico within hours of being arrested, but was it a mistake?
On Tuesday, Montes, backed by the National Immigration Law Center (NILC), filed a lawsuit against the U.S. District Court for the Southern District of California, alleging that the government did not provide any documentation explaining the legality of sending him back to Mexico. DHS says he acknowledged entering illegally.
Out of all the terrible immigration reforms President Trump has made in his very short time in office, he has not touched the Obama-era DACA program, though its future could be uncertain under the new administration, like everything else.
Montes' attorneys, however, are asserting that his DACA authorization is valid to 2018.
The Homeland Security spokeswoman also claimed that Montes's protection under DACA had expired in 2015 and had not been renewed.
A US border protection officer approached Juan Manuel Montes, 23, at a restaurant in Calexico, California, on February 17.
DHS says Montes was sent back to Mexico shortly after 3:20 p.m. on February 20.
Lawyer Nora Preciado said her client, who had lived in the US since age 9, suffered a traumatic brain injury as a child and has a cognitive disability.
But you know, we can't promise people who are here unlawfully that they're not going to be deported.
The lawsuit says Montes has cognitive disabilities because of a traumatic brain injury suffered as a child, but graduated high school by taking special education courses and had enrolled in community college, though he was working as a farmhand prior to his deportation.
The spokesman said that during his arrest interview on February 19, Montes-Bojorquez "never mentioned that he had received DACA status". "I miss my job".