DACA recipient deported as DHS disputes status

Juan Manuel Montes was deported despite having protection under the Deferred Action for Childhood Arrivals program

Juan Manuel Montes was deported despite having protection under the Deferred Action for Childhood Arrivals program

Immigration officials arrested and deported him in the middle of the night on February 17-18 in Calexico as he walked home after seeing a friend.

"Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", said Nora Preciado, an attorney at the National Immigration Law Center, which represents Montes. "Everybody in the country illegally is subject to being deported, so people come here and they stay here a few years and somehow they think they are not subject to being deported - well, they are".

Montes, who suffered a traumatic brain injury as a child and has a cognitive disability, has been in the US since he was 9 years old, according to the law center. The program offers renewable two-year periods of protection, as well as eligibility for a work permit, for undocumented immigrants who entered the United States as minors.

Trump claimed that Curiel's race-he first called him "Spanish", then "Hispanic", then "Mexican", (Curiel is a USA citizen)-compromised his impartiality as a judge because of Trump's anti-immigrant policies.

Montes-Bojorquez said he had left his California identification card and his employment authorization document in a friend's vehicle.

Lawyers for Montes say their client was apprehended by Border Patrol and deported on February 18.

US Customs and Border Protection (CBP) officers approached him on the street in Calexico, on California's border with Mexico.

Despite his criminal record, Montes did not expect to be kicked out of the U.S.

Homeland Security said Wednesday that the Border Patrol had no record of the initial encounter in Calexico and that Montes had left the United States 'on an unknown date.' The Border Patrol arrested after him after he climbed over a border fence in the California border town of about 40,000 people.

The problem, though, is on the part of the story both sides agree on: Montes tried to sneak back into the United States on February 19 and was caught by Border Patrol.

DHS noted that Montes was convicted for shoplifting in January 2016, and was put on probation.

After being deported, Montes stayed with a friend in Mexicali but was jumped and robbed the very next day and chose to return to the United States.

The administration has said that it respects DACA and that no one with active status would be deported, but advocates are using the Montes case and others to call into question whether DHS is being honest about its position. The attorneys said Montes qualified for DACA in 2014 and renewed his status for two years in 2016.

The CBP statement also reverses its earlier claim that Montes-Bojorquez' status expired in August 2015.

Montes' attorneys, however, are asserting that his DACA authorization is valid to 2018.

In a February news conference, Trump was asked what he planned to do about DACA. He said, "We're going to show great heart". "DACA is a very, very hard subject for me, I will tell you". "To me, it's one of the most hard subjects I have because you have these incredible kids".

Created during the Obama Administraion, the DACA program allows young adults to temporarily live and work legally in the US while protected from deportation.

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