Monday, 24 April, 2017

US reverses itself on status of deported Mexican

Warren Dawson | 20 April, 2017, 09:42

He is believed to be the first-known Dreamer - or DACA recipient - with an active work permit to be deported since Donald Trump became president, said Preciado.

USA Today reported Tuesday that an illegal immigrant protected by Barack Obama's amnesty was deported in February after spending an evening with his girlfriend.

Department of Homeland Security spokeswoman Gillian Christensen has said Montes' DACA status expired in 2015 and was not renewed, while Montes' attorney has claimed it's valid until 2018, The Hill reported.

Montes suffers from a cognitive disability caused by an early childhood traumatic brain injury, studied welding at a local community community college, and has been employed as a farmworker for the past two years. "I liked it there more than here".

Customs and Border Protection said it could not discuss Montes' case because of its privacy policy. Montes also had been arrested for theft and sentenced to probation, although Montes' lawyers argue that conviction is not grounds for revocation of DACA protection.

Since the launch of his presidential campaign, Trump has promised to interrupt undocumented immigration into the country, but has wavered on the particulars of the DACA policy.

Its revision notwithstanding, the DHS said a statement that Montes "violated the conditions of his status by breaking continuous residency in the United States by leaving and then reentering the US illegally" on an unknown date prior to his arrest. His lawyers acknowledged in the lawsuit that he had a misdemeanor on his record and "minor traffic offenses", none of which would have disqualified him from DACA.

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Montes's attorneys have countered that their client never voluntarily left the United States when he tried entering the country again, essentially stating that he had been picked up and deported by border guards previously.

After getting assaulted in the Mexican border city of Mexicali, Montes returned to the United States on February 19 and turned himself over to authorities, according to the lawsuit.

A 23-year-old "Dreamer" who was deported despite his legal protections sued the Customs and Immigration services Tuesday for information about why they did it. At least 10 are in federal custody, according to United We Dream, an advocacy organization. The complaint said that Montes-Bojorquez was subsequently "shaken and feared for his life" and crossed the border back into Calexico. "We've seen Trump and (Department of Homeland Security Secretary) John Kelly say, "The DACA program is alive and well.' We've seen (House Speaker) Paul Ryan look straight into the eyes of one of our members and say, 'You have nothing to worry about, '" she added". "And then this happens". "Instead of honoring the protections of the Deferred Action for Childhood Arrivals initiative, President Trump has unleashed an indiscriminate deportation dragnet of appalling inhumanity".

DACA provides work authorization and temporary protection from deportation to approximately 750,000 young immigrants, according to KPCC.

The agency stated that Montes' DACA status expired in August 2015.

Montes is asking the U.S District Court, Southern District of California, to order the government to release records under the Freedom of Information Act that explain why he was arrested and removed from the country.

The National Immigration Law Center, which represents Montes, stood by its account.

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