"Juan Manuel Montes Bojorquez was apprehended by the Calexico Station Border Patrol after illegally entering the U.S.by climbing over the fence in downtown Calexico", a DHS spokeswoman said in a statement. "He was arrested by Border Patrol just minutes after he made his illegal entry", said the spokesman, "and admitted under oath during the arrest interview that he had entered illegally".
The DHS statement said it had no record of encountering Montes in the manner alleged in the lawsuit, but said he was detained two days later. "Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", attorney Nora A. Preciado said.
Announced by the Obama administration in June 2012, DACA allows eligible immigrant youth who were brought to the U.S.as children to live and work here temporarily.
Juan Manuel Montes, 23, who has lived in the US since he was 9, was waiting for a ride in Calexico, Calif., on February 17 when a US Customs and Border Protection officer confronted him and started barking questions, USA Today reported.
Montes lived and worked in the US legally under the Deferred Action for Childhood Arrivals (DACA), an immigration policy the Obama administration instituted in 2012.
U.S. Customs and Border Protections officers appear to be ignoring the protections still on the books from Obama's term and instead are listening to Trump's anti-immigrant rhetoric.
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Montes was brought to the United States at age 9, and his DACA status had prevented him from being deported twice in the past, USA Today reported. "I miss my job".
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.
The government has issued almost 800,000 DACA permits since President Barack Obama introduced the program in 2012 and almost 700,000 renewals. On Wednesday, the judge was assigned a blockbuster case: The lawsuit filed by a dreamer who argues that he was unlawfully deported.
Montes had enrolled at a local community college in Southern California to study welding.
He suffered a traumatic brain injury as a child that left him with learning disabilities that meant a constant struggle to keep up in school and everyday conversations, according to [a legal advisor]. If Montes left the country voluntarily without that permission, as DHS has claimed, he would have violated his DACA status, which could have led to him losing his protections.
PBS NewsHour's Lisa Desjardins asked President Donald Trump about his upcoming executive order on immigration, as well as his plans for the DACA program during a news conference at the White House in mid-February.
The Trump administration has maintained that it isn't going after DACA recipients.
But the agency said he broke the terms of DACA by leaving the US without permission, making him eligible to be deported. In at least one ongoing deportation case, ICE has accused a man of being a gang member because he had a tattoo, according to immigration attorneys. More than 750,000 undocumented immigrants have benefited from DACA.