Immigrant protected by DACA deported, attorneys say
On Wednesday, the Department of Homeland Security said it had no record that Montes was removed to Mexico, but acknowledged that he had been approved for DACA through January 25, 2018 - a reversal from this week, when it had said Montes' DACA status expired two years ago.
United We Dream and the National Immigration Law Center have launched a petition asking John Kelly, the homeland security secretary, to let Montes return. Within three hours, he was back in Mexico, becoming the first undocumented immigrant with active DACA status deported by the Trump administration's stepped-up deportation policy.
Montes was twice granted deportation protections under the Deferred Action for Childhood Arrivals (DACA) program created by President Barack Obama and left intact by President Trump. The agency said that Montes had violated his DACA status when he left the country because recipients must receive prior governmental approval before leaving the country. ICE has since taken Montes back to his native country of Mexico, reportedly making him the first DACA recipient to ever be deported. -Mexican border. Curiel was born in Indiana. In February, he said in response to Trump's pledge to deport illegal immigrants that his organisation would ensure "there is no enforcement overreach, breach of due process or racial discrimination". Trump has kept it in place and made sympathetic remarks about its beneficiaries, upsetting some immigration hardliners.
"I'm disappointed that the case could not have been resolved in a manner that keeps this family together", said Portman.
Curiel will now rule on whether the Trump administration must turn over all records related to Montes' deportation case. "Border Patrol, this one's for you". He was also not allowed to talk to a lawyer or bring his case before a judge, his attorneys said.
Lawyers claim that Montes had renewed his DACA status, a protection for undocumented immigrants who were brought to the United States as children initiated under the Obama administration, in 2016, which would keep him protected until 2018, according to the lawsuit filed under the Freedom of Information Act. He was asked to sign documents without being given copies or an opportunity to see an immigration judge. Immigration authorities physically removed Montes to Mexicali, on the Mexican side of the border, "in the middle of the night", according to the NILC.
During the presidential election, then-candidate Trump called out Curiel for his handling of a lawsuit against Trump University.
A spokesperson for U.S. Customs and Border Protection said Wednesday that Montes was apprehended after illegally entering the U.S.by climbing over the fence in downtown Calexico.
Montes' attorneys, however, said they stand behind his account of the story.
Curiel, an Obama appointee who was a former US attorney, did not recuse himself in the Trump University case he oversaw and made no public comments about Trump's attacks.
One of the attorneys said Montes did not voluntarily leave the country. "We believe him. Rather than continue to provide half-truths and varying assertions, DHS should respond to our request for documentation". He is now in Mexico.
Homeland Security said Montes was convicted of shoplifting in July 2016. His lawyers say the conviction would not disqualify him from DACA, which requires a background check.
The government has issued almost 800,000 DACA permits since Obama introduced the program in 2012, and almost 700,000 renewals.