First DREAMer To Be Deported Sues Trump Administration


A young man brought to this country by his parents and granted protection from deportation under the Deferred Action for Childhood Arrivals program is back in his native Mexico after being deported by US officials in February, according to the National Immigration Law Center.

The assignment of the dreamer lawsuit to Curiel, Cummings said, "is an awesome coincidence and one which might make the president think twice next time he wants to criticize in personal terms judges on the bench".

DACA recipients are supposed to get advanced parole before leaving the U.S, and the department says since he left the country, he lost the DACA protection.

Juan Manuel Montes is the first known young immigrant, who despite being protected against deportation under DACA, was deported to Mexico in the middle of the night on February 17, 2017.

No court date has been set. The unusually personal, racially tinged remarks against U.S. District Judge Gonzalo Curiel alarmed legal experts, spurred fierce criticism from the Republican Party, including House Speaker Paul D. Ryan.

Within hours of being detained, Montes was deported to Mexico. The lawsuit admits this fact, but argued that the conviction would not disqualify him from DACA, which requires a background check.

Montes attorney Karen Tumlin said the border protection agency is incorrect and that federal documents show Montes' DACA was due to expire in 2018. Trump repeatedly criticized the Indiana-born judge during the campaign, insinuating that his Mexican heritage exposed a bias in the case because of Trump's tough line on illegal immigration.

There have been several high-profile cases of immigrants who had protected status under DACA being detained since Mr. Trump took office in January.

A group of attorneys filed a lawsuit in federal court in California on Tuesday requesting that a judge force Customs and Border Protection to release details of the agent's encounter with Montes.

Border agents then took him to a local station where he signed documents without being allowed to see an immigration judge, seek counsel or obtain copies of the papers he signed, according to his attorneys.

Sure enough, not long afterwards, the Department of Homeland Security challenged Montes' story. Montes' attorneys say he is the first DACA recipient to be deported under the Trump Administration.

The "DREAMer" was had been granted deportation protections, not once but twice, under the DACA program created by President Barack Obama. "I miss my job. We filed this lawsuit to find out how it happened".

U.S. Citizenship and Immigration Services didn't immediately respond to a request for comment.

Yet, Customs and Border Protection agents "arrested, detained and physically removed" Montes as he was waiting for a ride in the border town of Calexico, Calif., on February 17.

Customs and Border Protection said Montes was arrested after climbing over a border fence in downtown Calexico and admitted under oath that he had entered the country illegally.

Democrat Nancy Pelosi, minority leader in the House of Representatives, commented on the report on Tuesday, saying in a statement: "Another promise cruelly broken by President Trump, this one with heartbreaking consequences for fearless young DREAMers across the nation".

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