NW Iowa Congressman Steve King toasts Border Patrol over deportation

Bruno Cirelli
Aprile 21, 2017

According to Montes' team of lawyers, led by the National Immigration Law Center, Border Patrol then transported Montes to a local station. Less than three hours later, he was in Mexico, where he remains, it said.

Montes appears to be the first DACA recipient to be deported under the Trump administration, and his case sets off warning bells for the thousands of people who immigrated illegally to the United States as children and now live under DACA protection.

The group says the 23-year-old Montes had permission to work and live in the United States under the Deferred Action for Childhood Arrivals (DACA) program introduced in 2012 under President Obama. Montes' attorneys are suing the federal government, so it went straight to federal court.

"Mr. Montes-Bojorquez lost his DACA status when he left the United States without advanced parole on an unknown date prior to his arrest by the US Border Patrol on February 19, 2017", said DHS spokeswoman Jenny Burke in a statement.

The department says Montes was arrested in Calexico, but only after being caught crossing the border. Trump has kept it in place and made sympathetic remarks about its beneficiaries, upsetting some immigration hardliners.

District Judge Gonzalo Curiel has been assigned to handle the lawsuit involving a so-called "DREAMer" who was deported in February, the report said.

His lawyers say Customs and Border Patrol should have know he had permission to be in the U.S. because of DACA. Montes, who suffered a traumatic brain injury as a child, appears to be the first to be deported.

"It is beyond the pale that border patrol officers are left to make decisions that impact people's lives and future with absolute impunity". The Department of Homeland Security claims that Montes did that, but his lawyers are disputing that claim.

The first time he was deported, Montes alleges, he was not provided the opportunity to see an immigration judge, seek the assistance of counsel, or otherwise present his DACA paperwork or work authorization before he was removed.

After being assaulted in a robbery attempt in Mexico, Montes feared for his life, re-entered the United States, turned himself in to border agents, and was arrested and sent back to Mexico, according to the lawsuit.

Since taking office, Trump has followed through on his campaign pledge to crack down on illegal immigration by signing executive orders to step up enforcement against the estimated 11 million undocumented immigrants living in the U.S. The new policy calls for expanding the criteria for detaining and deporting undocumented immigrants and hiring thousands of new agents.

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. He also claimed that the agents wouldn't allow him to retrieve those documents.

The National Immigration Law Center, which represents Montes, stood by its account. The agency did not immediately respond to a request for comment from Reuters.

Montes, who has lived in the USA since age 9, has been granted deportation protections twice under DACA.

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