The Department of Homeland Security reversed itself Wednesday, acknowledging that a young man who was deported to Mexico had valid protective status in the US, despite its earlier claim.
"It is a wasteful and senseless use of government resources to deport DREAMERs like Juan Manuel Montes, who have legal permission to live in the United States under DACA".
On Feb. 17, Juan Manuel Montes, 23, was apprehended by a U.S. Customs and Border Protection officer after leaving his girlfriend's residence, where he had dinner dinner, and while waiting for a ride home, according to a report by USA Today.
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. He first received DACA status in 2012 and received two-year renewals in 2014 and 2016, his suit states.
Months before Donald Trump was elected president, he attacked a federal judge assigned a case involving the defunct Trump University, accusing him of being biased because of his Mexican heritage. Trump has kept it in place and made sympathetic remarks about its beneficiaries, angering some immigration hardliners. -Mexican border. Curiel was born in Indiana.
"DACA enrollees are not being targeted, I don't know why this individual was picked up", Sessions said on the case. But in February, Montes was approached by a suspicious Customs and Border Protection agent.
If Montes had active DACA status, he would be the first such recipient deported despite the protection.
While DHS initially said Tuesday they had a record of Montes' DACA expiring in 2015, they released further information Wednesday saying he did, in fact, have DACA status until 2018.
The attorneys said in the lawsuitfiled in the Southern District of California that their client left the country February 17 only because he was stopped by a law enforcement official and asked for identification while walking to a taxi stand in Calexico, California, about 120 miles (190 kilometers) east of San Diego. The FOIA lawsuit alleges that this was a separate incident that occurred a few days after the deportation, in which Montes turned himself in after 30 minutes back in the United States. Trump has promised to end undocumented immigration into the country-but has wavered on the specifics of the DACA policy.
The agents refused to let him retrieve it.
Montes was walking to a taxi station in the border town of Calexico after visiting with a friend when a Border Patrol official on a bicycle stopped him and asked for identification, according to a statement from the National Immigration Law Center, an immigrant rights organization that is part of a group representing Montes in his lawsuit.
An estimated 11 million undocumented immigrants live in the U.S.
"Juan Manuel came at age 9 and had DACA and should not have been deported at age 23". "We have to file this lawsuit because we don't know what happened to him", Preciado said. But DHS says the first record they have of Montes is in 2010, when he entered the USA and agreed to a deal that allowed him to avoid expedited removal.