The Department of Homeland Security, which oversees CBP, said it has no records of Montes' first arrest and deportation, which is why CBP was unable to provide Montes with the documents he requested.
The spokesman added, "His DACA status expired in August 2015 and he was notified at that time". The complaint said that Montes-Bojorquez was subsequently "shaken and feared for his life" and crossed the border back into Calexico. Authorities asked the man for ID, but he had left his wallet at a friend's house. Montes sued Tuesday for access to records on his deportation.
CORRECTION: A previous version of this article said the DHS says it deported Montes on February 19.
However, according to DHS, there is no record of that encounter.
In response to a request for comment by Reuters, a CPB spokesman said in an emailed statement that Montes had been apprehended "after illegally entering the United States by climbing over the fence in downtown Calexico". CBP also pointed out the fact, acknowledged even in USA Today's report, that Montes was convicted of theft and sentenced to probation. While he pledged during the campaign to end DACA, so far he has not done so, and has said in interviews that DACA recipients should not be anxious.
Montes has lived in the US since he was nine years old. Supposedly, he was dropped off in Mexico in a matter of hours.
Attorneys for the first known "Dreamer" to be deported under the administration of President Donald Trump filed suit in San Diego Tuesday, demanding that the government turn over key information about their client's sudden forced departure.
The spokesman said that during his arrest interview on February 19, Montes-Bojorquez "never mentioned that he had received DACA status".
"An attack on one of us is an attack on all of us and we've got Juan's back", she said. "No one should have to file a lawsuit to find out what happened to them".
Capitol Hill took notice of the lawsuit this week.
MoveOn.org has launched a petition that asks DHS Secretary John Kelly to allow Montes to return to the U.S. According to the lawsuit, Montes unsuccessfully attempted to re-enter the USA a few days later.
"To this date, Mr. Montes, who suffers from a cognitive disability and is living in limbo in Mexico, does not know the legal basis for his removal", according to his lawsuit.
Montes' case has received global attention because President Trump had pledged to exempt people enrolled in the DACA program from being deported under his tougher enforcement policies toward undocumented immigrants. On Feb. 10, "dreamer" Daniel Ramirez Medina was detained in Seattle, drawing national attention. Montes also unsuccessfully sought information from Citizenship and Immigration Services and from the Calexico Port of Entry.
He was allegedly waiting for a ride when he was approached and questioned by a U.S. Customs and Border Protection officer.
He was first granted legal status under DACA in 2014, about two years after the program launched. He then worked two years picking crops in California and Arizona. DACA rules prohibit convictions of felonies, significant misdemeanors or three or more misdemeanors. He started taking welding classes at a Southern California community college and paid for it by picking crops in California and Arizona.