'Dreamer' Case Draws Judge Trump Once Derided As 'Mexican'

'Dreamer' deported because he forgot ID, couldn't prove status

Homeland Security Secretary John Kelly has said categorically that no one who has current DACA status has been detained or deported under the program. He twice was granted deferred action and employment authorization under the Deferred Action for Childhood Arrivals program, or DACA. It grants them renewable two-year periods to stay, during which time they can study and work, if they keep out of trouble. "Departing the country without advanced parole terminates the protections Montes-Bojorquez was granted under DACA".

According to the article, he told the officers he left his wallet in his friend's vehicle and, because he didn't have his ID or proof of his Deferred Action for Childhood Arrivals (DACA) status, he was deported.

After being assaulted in a robbery attempt in Mexico, Montes feared for his life, re-entered the United States, turned himself in to border agents, and was arrested and sent back to Mexico, according to the lawsuit. But, attorneys say he was deported in the middle of the night without access to a lawyer back in February.

U.S. Customs and Border Protection said it doesn't comment on pending litigation.

After spending an evening with his girlfriend in Calexico, Calif., on February 17, Juan Manuel Montes, 23, who has lived in the U.S. since age 9, grabbed a bite and was waiting for a ride when a U.S. Customs and Border Protection officer approached and started asking questions. A statement from U.S. Customs and Border Protection says that Montes was arrested for "illegally entering the U.S.by climbing over the fence in downtown Calexico".

The spokesman added, "His DACA status expired in August 2015 and he was notified at that time".

Court records show that Montes has a conviction for shoplifting in January 2016, for which he received probation, and three for driving without a license.

The Montes case comes amid growing anxiety among DACA recipients. This has included widening the criteria for detaining and deporting such people and unveiling plans to hire thousands of new agents.

"Juan Manuel has been unequivocal in his assertion that he never voluntarily left the country while he had DACA", said attorney Nora Preciado.

While taking a tough line on illegal immigration on the campaign, Trump in February called the DACA program one of the "most hard subjects I have" and expressed sympathy for those brought to the United States as children. But you have some absolutely, incredible kids, I would say mostly.

But DACA recipients haven't escaped the new administration's crackdown on illegal immigration.

In Jackson, Mississippi, a young woman said she was detained after speaking at an immigration press conference. In Seattle, Daniel Ramirez Medina spent six weeks in detention after officers revoked his protected status, saying he had admitted gang affiliation. The first immigrant deported under Trump with legal protections against deportation-known as a "DREAMer"-has launched legal action against the US government".



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