Published: Thu, April 20, 2017
U.S. | By Monique Johnson

Mexican's immigration status is in dispute over deportation

Mexican's immigration status is in dispute over deportation

Juan Manuel Montes, 23, is believed to be the first DACA recipient to be deported, an unprecedented move that activists argue proves Dreamers are also targeted for deportation under the administration.

A young man who was protected from deportation under an Obama-era program aimed at allowing immigrants brought to the United States as children to stay was sent back to his native Mexico by US border authorities, USA Today reported on Tuesday.

If Montes did have DACA protection at the time of his deportation, he will reportedly be the first DACA beneficiary to be removed from the U.S. Several others have been arrested and are now detained by immigration officials in a sweep that seemingly occurred around the same time Montes was apprehended in Calexico, California. It says Customs and Border Protection and U.S. Citizenship and Immigration Services, which manages the DACA program, failed to respond to requests for information beyond acknowledging receipt.

Homeland Security Secretary John Kelly has said categorically that no one who has current DACA status has been detained or deported under the program.

No court date has been set.

Greisa Martinez, advocacy director with United We Dream and a beneficiary of the DACA program, called the deportation an "attack". 'I do have a big heart'.

U.S. Customs and Border Protection spokesman Dan Hetlage said in an email to KPCC that Montes' DACA status expired in August 2015.

Created during the Obama Administraion, the DACA program allows young adults to temporarily live and work legally in the USA while protected from deportation. However, his attorneys have copies of his work authorization card, which shows his status is valid through 2018. He started taking welding classes at a Southern California community college and paid for it by picking crops in California and Arizona.

A member of a group of protesters calling itself the "Caravan Against Fear" wears a t-shirt during a rally next to the U.S. and Mexico border fence in San Ysidro, California, U.S. on April 18.

Montes suffered a brain injury as a child and has learning disabilities as a result.

Montes-Bojorquez, 23, was detained by Border Patrol agents two months ago and sent back to Mexico.

Burke, the DHS spokeswoman, said the department had no record of Montes being arrested and deported from California as he described. "I miss my job. But most of all, I miss my family, and I have hope that I will be able to go back so I can be with them again". On Wednesday, the judge was assigned a blockbuster case: The lawsuit filed by a dreamer who argues that he was unlawfully deported. Despite this, Border Patrol allegedly took him to a local station where he was asked to sign papers and then dropped off in Mexico.

While conservative pundit David Frum drew attention to Montes' criminal record on Twitter, none of his convictions were serious enough to prohibit him from receiving DACA protections.

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