Juan Manuel Montes-Bojorquez failed to notify officials of his plans to leave the US, a condition of former President Barack Obama's Deferred Action for Childhood Arrivals - DACA - program, according to a statement released by the Department of Homeland Security. "We haven't gotten them for weeks and weeks, despite repeated requests to the federal government", Nora Preciado with the National Immigration Law Center said.
Montes' attorneys said he did not leave voluntarily, but rather was deported by U.S. Customs and Border Protection.
Montes was twice granted deportation protections under the Deferred Action for Childhood Arrivals (DACA) program created by President Barack Obama and left intact by President Trump. "In addition, he has a conviction for theft for which he received probation".
On Tuesday, Montes filed a lawsuit in Southern California's U.S. District Court, which stated that ICE failed to provide documentation explaining the legal basis for his deportation. Trump has kept it in place and made sympathetic remarks about its beneficiaries, angering some immigration hardliners.
Montes and his lawyers are caught in a public, high-stakes fight with the Department of Homeland Security.
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And Javier Gamboa, media director for the Democratic Congressional Campaign Committee (DCCC), said in a statement, "President Trump and every Republican in Congress who promised that no DREAMer would be targeted, let alone be deported, owns this grave moral failure".
Montes is suing the federal government and the USA Today report is now being disputed by Customs and Border Protection (CBP). Montes is the first dreamer to be deported under Trump. "Border Patrol, this one's for you". White House spokesman Sean Spicer said Wednesday that he didn't want to "rush to judgment" about Montes and referred questions to Homeland Security. "We filed this lawsuit to find out how it happened".
CBP agents drove Montes to a port of entry in or near Calexco where it's alleged they asked him to sign documents written in English.
Montes' attorneys include the February 19 incident in their lawsuit, writing that Montes "hid for about a half hour after crossing into the United States, but when he saw CBP officers he feared for his safety and turned himself in". He also claimed that the agents wouldn't allow him to retrieve those documents.
The National Immigration Law Center, which represents Montes, stood by its account.
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Montes's attorneys filed a Freedom of Information Act request in March for information on his deportation.
Lapan updated his story Wednesday and told TheDC, "After a detailed records search, we determined that Juan Manuel Montes-Bojorquez was approved for DACA starting in 2014 and had a DACA expiration date of January 25, 2018".
Immigrants can legally be removed without a court case under a process called expedited removal if they're within 100 miles of the border and have been in the United States less than two weeks. In 2016, he was granted deferred action by U.S. Citizenship and Immigration Service under DACA until 2018, according to the complaint. He then worked two years picking crops in California and Arizona. He's now staying with his aunt and uncle in Western Mexico.
Montes has a record: three traffic violations and a shoplifting charge.
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