Lawsuit: Man deported after being part of protection program
Apr 19, 2017, 09:40
The DACA policy, launched by the Obama administration in 2012, protects persons - often called "DREAMers" - brought into the US during their youth from deportation and provides them with the right to work legally.
The agency did not immediately respond to a request for comment.
Juan Manuel Montes was deported by Customs and Border Protection on February 18 after illegally entering the United States by climbing over the fence in downtown Calexico, California, according to Homeland Security officials. Montes was not carrying his ID, which would have proved his DACA status, and agents refused to let Montes retrieve it, according to the report. Montes was arrested in February when he did not have photo identification and deported within three hours, USA Today reported.
USA Today reports that Juan Manuel Montes, 23, is the first illegal alien who applied for temporary protection from lawful deportation to be sent back home after President Donald Trump assumed office.
Montes was approached by a Customs and Border Patrol officer in Calexico, California, who would not allow him to retrieve his wallet from a friend's auto.
Border agents then took him to a local station where he signed documents without being allowed to see an immigration judge, seek counsel or obtain copies of the papers he signed, the suit alleges.
Immigration advocacy group United We Dream toldUSA Today that at least 10 DREAMers have been arrested and are awaiting deportation.
Montes was reportedly a crop-picker who was enrolled in welding classes at a southern California community college.
"Even in this administration, because of Trump's comments about loving these people, the integrity of the government's promises are at stake", Hincapié said.
His record - minor traffic offenses and one misdemeanor offense - should not have disqualified him from the DACA program, according to the lawsuit. Montes has learning disabilities stemming from a traumatic brain injury he suffered as a child.
CBP also stated Montes "has a conviction for theft for which he received probation".
Trump hasn't indicated since then that he'd roll back protections on so-called DREAMers, or DACA enrollees, under the program.
"There I worked and studied at the same time".
A second officer arrived and drove Montes to the port of entry, where he was detained, questioned and asked to sign documents, the lawsuit says. "I liked it there more than here". The lawsuit says that while in Mexico, Montes was assaulted and fearing his life, illegally crossed into the U.S. again, where he was apprehended and detained before being removed once again to Mexico.
"Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", stated Nora A. Preciado, a staff attorney at the National Immigration Law Center, (NILC) which put out the statement.
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