Agency says deported man had no special status
- Author: Nancy Warren Apr 19, 2017,
Apr 19, 2017, 9:42
US immigration officials failed to provide a legal explanation for the first-known deportation of a "Dreamer" under President Donald Trump's administration, attorneys said in a federal lawsuit filed Tuesday. 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.
In a statement to NBC News, Customs and Border Patrol spokesperson Ralph A. Desio said, "Juan Manuel Montes Bojorquez was apprehended by the Calexico Station Border Patrol after illegally entering the U.S.by climbing over the fence in downtown Calexico".
The statement says Montes hasn't been in the program that protects some immigrants from deportation since 2015. He was approached by Border Patrol agents in Calexico, California and prohibited from getting his wallet from a friend's vehicle so that he could prove his status, USA Today reports. Just three hours later, Montes found himself deported to Mexico.
President Trump, however, has signed executive orders making practically all 11 million undocumented immigrants estimated to be living illegally in the USA at risk of immediate deportation, striking previous priorities under the Obama administration.
Montes says a Border Patrol agent stopped him in Calexico, California, on February 17 and did not allow him to retrieve his DACA documents or his ID, which he had left in a friend's vehicle.
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At least 10 Dreamers are in federal custody, according to United We Dream, an advocacy organization made up of DACA enrollees and other young immigrants, USA Today reported. Montes sneaked back into the USA the next day - with his wallet this time - but got scared and turned himself in to CBP, the lawsuit says.
In Jackson, Mississippi, a young woman said she was detained after speaking at an immigration press conference.
The Montes case comes amid growing anxiety among DACA recipients.
Montes was reportedly a crop-picker who was enrolled in welding classes at a southern California community college. Preciado said the lawsuit was filed to determine "what happened" in February and that they are unable to move forward without additional information.
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"In addition, he has a conviction for theft for which he received probation". He again was detained, questioned and asked to sign documents before being returned to Mexico. But court records showed a misdemeanor for shoplifting, according to his attorneys.
He suffered a traumatic brain injury as a child that left him with learning disabilities that meant a constant struggle to keep up in school and everyday conversations, according to Hincapié. He was again asked to sign documents, not provided copies and returned to Mexico.
"There I worked and studied at the same time".
DACA does not guarantee safety from removal, and some Dreamers have been deported after losing their protections. "I liked it there more than here".
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