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 USA officials in February, according to the National Immigration Law Center. His complaint doesn't specifically challenge the deportation, but instead asks for documentation explaining the reasons behind it, which immigration officials have declined to provide - even though Montes filed a federal request for the information, which they are legally required to respond to. The lawsuit says that while in Mexico, Montes was assaulted and fearing his life, illegally crossed into the U.S. again, where he was apprehended and detained before being removed once again to Mexico.
Montes had twice been granted DACA under the Obama administration, each time giving him permission to live and work in the United States for two years. He started taking welding classes at a Southern California community college and paid for it by picking crops in California and Arizona.
The advocacy group says the 23-year-old Montes had permission to work and live in the United States in the program that was introduced in 2012 to shield people from being deported.
The agent then took Montes to a local station, where they made him sign documents without letting him see an attorney or immigration judge, the NILC said. Less than three hours later, he was in Mexico, where he remains, it said.
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His attorneys asked CBP and Border Patrol for documents relating to his detention and removal and were told to file a Freedom of Information Act request.
According to USA Today, Montes came to the US from Mexico when he was nine years old.
A statement from U.S. Customs and Border Protection says that Montes was arrested for "illegally entering the U.S.by climbing over the fence in downtown Calexico". DHS says he acknowledged entering illegally.
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The spokesman also said that Montes' DACA status had expired in August 2015 and that he had been convicted of theft for which he received probation. Montes was first approved for DACA in 2014 and successfully obtained a renewal in 2016.
In a February news conference, Trump was asked what he planned to do about DACA.
"We have not picked up - I don't care what you read or what people say - we have not in my time picked up someone who is covered by DACA", Kelly told reporters on Capitol Hill after meeting with Senate Democrats in late March. "To me, it's one of the most hard subjects I have because you have these incredible kids".
Other DACA recipients have been detained by immigration authorities in recent months, putting increased attention on the administration's handling of the program.
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