Published: Thu, April 20, 2017
Culture | By Julio Duncan

Protected 'Dreamer' Sues US Following Deportation to Mexico

Protected 'Dreamer' Sues US Following Deportation to Mexico

A federal judge whom President Donald Trump repeatedly criticized previous year will hear the case of a man who claims he was unfairly deported by U.S. authorities despite having protected status.

Montes, who has lived in the US since age 9, has been granted deportation protections twice under DACA.

The situation raised concerns over whether Trump would make good on his promise to avoid deporting people in DACA, an Obama-era program that provided work permits to more than 750,000 people who entered the U.S.as minors.

Curiel, an Obama appointee who was a former USA attorney, did not recuse himself in the Trump University case he oversaw and made no public comments about Trump's attacks. Trump said Curiel's Mexican heritage meant he had an inherent conflict of interest.

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.

But DACA recipients haven't escaped the new administration's crackdown on illegal immigration. "I miss my job".

U.S. Rep. Carlos Curbelo, R-Fla., is using recent comments from U.S. Attorney General Jeff Sessions on immigration to push for his proposal giving younger illegal immigrants a path to citizenship.

"Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", Nora A. Preciado, a staff attorney at NILC, said. Officials say he admitted he entered illegally and that he was "convicted for theft for which he received probation".

Several individuals who were previously recipients of DACA have been detained by DHS, but the agency has said their status either expired or was nullified by what they claim was criminal activity. Even though he explained his DACA status, the agents took him to a local station and then deported him to Mexico. In March, 22-year-old Daniela Vargas of MS was detained for two weeks after speaking out against her father's detention in a news conference. During a White House press conference earlier this year, Trump said the issue was particularly complicated for him.

Montes' attorneys say their client qualified for DACA in 2014 and renewed his status for two years in 2016. Records show the deportation took place on February 20, shortly after 3:20 p.m., according to the agency.

The attorneys said in the lawsuit filed 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. The complaint said that Montes-Bojorquez was subsequently "shaken and feared for his life" and crossed the border back into Calexico. Until his deportation, he lived with his mother and a younger brother in the US and attended a welding course at a Southern California college.

The Department of Homeland Security reversed itself Wednesday, acknowledging that a young man who was deported to Mexico had valid protective status in the USA, despite its earlier claim.

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