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Feds Sued for Deporting DACA Recipient

April 19, 2017 (1 min read)

Joshua Barajas, PBS NewsHour, Apr. 19, 2017- "A 23-year-old immigrant who says he was cleared to work and live in the U.S. under the Deferred Action for Childhood Arrivals (DACA) program has been deported, according to his lawyers. It’s believed to be the first such case under President Donald Trump to deal with the Obama-era protections that cover more than 750,000 undocumented immigrants in the U.S. ... According to Montes’ team of lawyers, led by the National Immigration Law Center, Border Patrol transported Montes to a local station. Within hours, he was deported to Mexico, without a chance to see an immigration judge, counsel or review documents he had signed, his lawyers said in a statement. On Tuesday, a group of lawyers filed a complaint in a U.S. District Court in California, seeking more information from U.S. Customs and Border Protection about their encounter with Montes. According to the 11-page federal complaint, Montes still “does not know the legal basis for his removal.” Montes’ lawyers say he had previously been approved twice for deportation protection under the DACA program, created in 2012 under then-President Barack Obama to allow immigrants who came to the U.S. as children to temporarily live and work in the country. The Department of Homeland Security told NewsHour on Tuesday its records indicated Montes’ authorization expired in 2015. On Wednesday, the department told NewsHour a more detailed search indicated Montes’ DACA authorization did expire in 2018, but that Montes had lost his DACA status “when he left the United States without advance parole,” before he encountered U.S. Border Patrol on Feb. 19. The Department of Homeland Security told NewsHour on Wednesday that “there are no records or evidence to support” the claim that he was detained Feb. 18 in Calexico, as his lawyers claim. Montes’ lawyers maintained that he had valid DACA status when he was deported to Mexicali, Mexico, because he had a U.S.-government issued ID, proving he was a DACA recipient, said Karen Tumlin, legal director of the National Immigration Law Center. The complaint says Montes was granted DACA status in 2014 and successfully reapplied for it in 2016, meaning it would expire in 2018."