Lawsuit: Man deported after being part of protection program


A man who is believed to be the first undocumented immigrant to be deported under the Trump administration despite having permission to live and work in the U.S. filed a lawsuit Tuesday, alleging he hasn't been told why he was sent back to Mexico just hours after his arrest.

U.S. Customs and Border Protection disputed the account of Montes' immigration status, saying that his DACA permit expired in August 2015 and, according to its records, was not renewed.

He was given deferred action in two previous instances under DACA - but this time was different.

Montes was arrested by a Border Patrol agent on February 17 while walking to a taxi station in the border town of Calexico, California, according to the complaint.

The feds deported a young man back to his native Mexico in apparent defiance of President Trump's pledge to protect undocumented immigrants brought to the U.S. as children - the first time a so-called Dreamer had been given the boot, a new report said Tuesday. The rules widened the pool of undocumented immigrants who qualify for deportation, and was purported to not include "DREAMers", children who came to the United States without authorization.

"First non-valedictorian DREAMer deported".

Trump previously said he wouldn't roll back the DACA policy, created by his predecessor Barack Obama, and told ABC News that DREAMers "shouldn't be very worried" about deportation.

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Still, the president and Homeland Security Secretary John Kelly have said DACA recipients would not be the target. "Border Patrol, this one's for you", King tweeted, with a photo of a beer.

A group of attorneys filed a lawsuit in federal court in California, asking a judge to force Customs and Border Protection to release details of the alleged incident. He was again asked to sign documents, not provided copies and returned to Mexico.

"Juan Manuel has been unequivocal in his assertion that he never voluntarily left the country while he had DACA", said attorney Nora Preciado.

According to the complaint, Montes came to the United States when he was 9 and suffers from a cognitive disability due to a brain injury.

The lawsuit seeks records explaining why Montes was deported to Mexico, alleging violations of the Freedom of Information Act. He then worked two years picking crops in California and Arizona.

The government has issued almost 800,000 DACA permits since President Barack Obama introduced the program in 2012 and almost 700,000 renewals.