Montes’ attorneys claim that this is first known case of a DACA recipient, or so-called “DREAMer” being deported under the administration of President Donald Trump and they want answers.
The case may define Trump’s approach to DACA.
“But my home is there”, Montes said.
He added: “I will reiterate my position that the Trump administration has promised to not touch our DREAMers” or separate good families. And they said he further violated his status, when he illegally re-entered the U.S.
Established in 2012, DACA covers some 750,000 young people brought to the U.S.as children. He then worked two years picking crops in California and Arizona.
SAN DIEGO (AP) A case involving a man who was deported to Mexico despite having permission to be in the USA under a program that shields young immigrants has landed in the courtroom of a judge whose impartiality was questioned by Donald Trump during the presidential campaign because of his Mexican heritage.
“USCIS continues to accept and process both initial DACA grants and renewals under our existing policy”, he said. He contends he did so because he was deported, and improperly so as his DACA status was valid. The supposed incident occurred just days before the Trump administration’s February 21 announcement that it would leave DACA protections, which affect undocumented individuals who entered the country as children, intact. Montes’ proof of DACA status was in his wallet in a friend’s vehicle, but the CBP officer refused to let him retrieve the wallet. He was again asked to sign documents, not provided copies and returned to Mexico.
The lawsuit seeks records explaining why Montes was deported to Mexico, alleging violations of the Freedom of Information Act.
A group of attorneys filed a lawsuit in federal court in California on Tuesday asking a judge to force CBP to release details of the agent’s encounter with Montes, USA Today said. According to the lawsuit, Montes unsuccessfully attempted to re-enter the USA a few days later.
In addition, during his detention and arrest by Border Patrol on February 19, he admitted to agents that he had illegally entered the US, said DHS, which oversees CBP and Border Patrol. “He was arrested by BP just minutes after he made his illegal entry and admitted under oath during the arrest interview that he had entered illegally”, said Customs and Border Patrol spokesperson Ralph A. Desio.
Homeland Security officials maintain that Montes was justly arrested and deported.
Hetlage said Montes’ DACA status expired August 2015 and has a theft conviction for which he received probation.
“We’re going to show great heart”, Trump said at a news conference in February. “DACA is a very, very hard subject for me, I will tell you”. But you have some absolutely, incredible kids, I would say mostly. In February, 23-year-old Daniel Ramirez Martinez of Seattle was detained for more than six weeks after he was picked up in a raid that targeted his father.