A 23 -year-old so-called dreamer is suing the federal government over his deportation to his native Mexico earlier this year.
Juan Manuel Montes, who was 9 years old when he first came to the United States, claims he is entitled to remain in the two countries for the purposes of the Deferred Action for Childhood Arrivals, or DACA, planned. His attorneys said he is believed to be the first known being under the program to be behaved during the Trump administration.
According to Montes attorneys, the 23 -year-old qualified for DACA in 2014 and replaced his status for two years in 2016.
However, U.S. Customs and Border Protection disputes that chronicle. CBP said his DACA permit expired in August 2015 and, according to its enters, was not revamped. The organization added that Montes was convicted of crime and imprisonment for probation.
His attorneys accepted Tuesday in the lawsuit filed in the Southern District of California that he had a misdemeanor on his account and minor traffic offenses , none of which would have disqualified him from DACA.
Since taking office, Trump has followed through with his safarus promises to tackle illegal immigration by expending executive guilds to step up imposition. The new program calls for expanding the criteria for detain and evicting illegal immigrants.
As of hitherto, Trump has declined to repealed the DACA shelters granted to more than 750,000 illegal immigrants. He has said he has a soft spot for these young people, many who are conducting productive lives.
They shouldnt be very worried, Trump told ABC News in January. I do have a big heart.
According to the lawsuit, Montes was sent to Mexico on Feb. 17 after being stopped by a law enforcement official and asked for identification while stepping to a taxi stand in Calexico, California, about 120 miles( 190 kilometers) east of San Diego. He had forgotten his wallet in a friend’s car and felt “scared and confused.” He said he was asked to sign documents without being given copies of them and never had an opportunity to see an migration judge.
After getting assaulted in the Mexican mete municipality of Mexicali, Montes returned to the United States on Feb. 19 and turned himself over to governments, according to the lawsuit. He was again asked to sign documents, was not supported simulates and then was returned to Mexico.
CBP said Montes was apprehended after clambering over a border fence in downtown Calexico and admitted under oath that he had entered the country illegally.
Montes is now lives here in Mexico with hopes of returning to the United States.
“I was pressured out because I was nervous and didn’t know what to do or say, but my house is there, ” he said in a statement by his attorneys. “I miss my job. I miss academy. And I want to continue to work toward better opportunities. But most of all, I miss their own families, and I have hope that I will be able to go back so I can be with them again.”
The lawsuit seeks chronicles explaining why Montes was evicted to Mexico, alleging breach of the Freedom of Information Act. It says CBP and U.S. Citizenship and Immigration Services, which oversees the DACA program, failed to respond to requests for info beyond declaring receipt.
“Juan Manuel was funneled across national borders without so much as a piece of paper to explain why or how, ” said Nora Preciado, an advocate at the National Immigration Law Center, which represents Montes. “The government shouldn’t treat anyone this path, much less someone who has DACA. No one should have to file a litigation to find out what happened to them.”
The government has issued virtually 800,000 DACA permits since President obama introduced the program in 2012 and has issued roughly 700,000 renewals.
The Associated Press contributed to this report .