First DREAMer To Be Deported Sues Trump Administration

Violet Tucker
April 20, 2017

"He was arrested by [Border Patrol] just minutes after he made his illegal entry and admitted under oath during the arrest interview that he had entered illegally".

In the Montes dispute, both sides agree on two facts: that the 23-year-old was detained on February 19 after crossing the U.S. -Mexico border illegally and then deported and that he held a DACA work permit that was set to expire in January 2018.

According to Montes' team of lawyers, led by the National Immigration Law Center, Border Patrol then transported Montes to a local station.

Despite President Donald Trump's reassurances in December and January that he would "work something out" with undocumented immigrants who came to America as children and that he has a "big heart", there is now the first proven case of an undocumented immigrant being deported.

However, 23-year-old Juan Manuel Montes is believed to be the first one to be sent back to Mexico in spite of his active Deferred Action for Childhood Arrivals (DACA) status.

A man who is believed to be the first undocumented immigrant to be deported under the Trump administration despite having permission to live and work in the U.S. filed a lawsuit Tuesday, alleging he hasn't been told why he was sent back to Mexico just hours after his arrest.

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The lawyers for the DACA recipient - the National Immigration Law Center, Covington and Burling LLP, the Law Offices of Stacy Tolchin, and the Law Offices of Belinda Escobosa Helzer - filed a Freedom of Information Act request on March 15 with the U.S. Customs and Border Protection, which Border Patrol falls under.

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. "I miss my job". The president has said both that DACA is "one of the most unconstitutional actions ever undertaken by a President", while also noting that that "DREAMers" "shouldn't be very anxious".

The government has issued almost 800,000 DACA permits since President Barack Obama introduced the program in 2012 and almost 700,000 renewals.

The Department of Homeland Security disputes Montes's version of events.

The attorneys said in a lawsuit filed Tuesday in the Southern District of California that their client left the country February 17 only because he was stopped by a law enforcement official and asked for identification while walking to a taxi stand in Calexico, California, about 120 miles (190 kilometers) east of San Diego. And though Customs and Border Protection was able to ultimately determine that Montes had DACA protection, the lawsuit says, the agency still deported him to Mexico less than three hours later. The lawsuit states that Montes has a single misdemeanor offense but that it doesn't disqualify him from DACA. "Juan Manuel came at age 9 and had DACA and should not have been deported at age 23". "To this date, Mr. Montes, who suffers from a cognitive disability and is living in limbo in Mexico, does not know the legal basis for his removal", the complaint states. But Montes isn't taking this lightly - he's fighting back by suing the Trump administration for not giving him an explanation for his deportation. However, Montes' attorneys have paperwork showing that he was protected under DACA through 2018. The group stated that at least 10 such persons are now in federal custody.

Other reports by MaliBehiribAe

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