Agency says deported man had no special status
Yet Trump declined to revoke the DACA protections Obama had granted to more than 750,000 undocumented immigrants, repeatedly saying he had a soft spot for these young people who are leading productive lives and have few, if any, ties to the countries of their birth. If these claims are true, he would be the first DACA-protected undocmented immigrant to face the wrath of Trump's newly-energized deportation force.
U.S. Customs and Border Patrol agents deported 23-year-old Juan Manuel Montes after he was unable to prove his protection under the Obama-era Deferred Action for Childhood Arrivals, or DACA.
The federal complaint accuses US Customs and Border Protection (CBP) and US Citizenship and Immigration Services (USCIS) of failing to give him a reason for his deportation despite having Deferred Action for Childhood Arrivals (DACA). He was approached by Border Patrol agents in Calexico, California and prohibited from getting his wallet from a friend's auto so that he could prove his status, USA Today reports. USA Today reports that Manuel Montes was deported to Mexicali on February 17 in the first such instance of a DREAMer with DACA protection detained by authorities and released in Mexico. The DACA program was created by former U.S. President Barack Obama and left intact by current President Donald Trump.
A U.S. Customs and Border Protection officer approached him and asked for identification, but Montes had left his wallet in a friend's vehicle.
Before his deportation, Montes lived with his mother and a younger brother, who was born in the U.S. That shouldn't have been enough to disqualify him from DACA protections, according to USA Today.
He pursued a welding degree from a community college and worked as a farmworker for about two years in California and Arizona.
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"Just last month Secretary Kelly promised me that no one with DACA would lose this protection unless they violated the terms of DACA", Durbin said.
"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. Montes, who has learning disabilities sustained from a brain injury, then said he was taken into custody and presented with documentation he didn't understand.
The National Immigration Law Center sued the federal government in San Diego to obtain records on Montes. He again was detained, questioned and asked to sign documents before being returned to Mexico.
Montes' attorneys requested information about his deportation under the Freedom of Information Act (FOIA), but said they haven't received any information from CBP or USCIS. But court records showed a misdemeanor for shoplifting, according to his attorneys.
In a February news conference, Trump was asked what he planned to do about DACA. "I liked it there more than here". He was again asked to sign documents, not provided copies and returned to Mexico. The lawsuit says that while in Mexico, Montes was assaulted and fearing his life, illegally crossed into the USA again, where he was apprehended and detained before being removed once again to Mexico.
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