The Department of Homeland Security will temporarily re-admit a “Dreamer” who was deported in February. Juan Manuel Montes, 23, says he was a Deferred Action for Childhood Arrivals (DACA) recipient who was illegally deported. He’s mounted a lawsuit, and will be allowed to re-enter the U.S. the day before his deposition, and the day before his trial in the case.
Montes accused immigration officers of forcing him into Mexico in the middle of the night, illegally deporting him without giving him legal council.
The Department of Homeland Security and US Customs and Border Protection deny his accusation, and say he remains in Mexico because his DACA status was revoked.
As DML News reported in July, Montes said he was visiting his girlfriend in Calexico, California on February 18, after which he was stopped by immigration officers. Unable to provide identification, the US Border Patrol agents took him into custody, and eventually delivered him by car to Mexicali, Mexico at approximately 1 am.
The Department of Homeland Security (DHS) says there are no records of him being deported the night of February 18, and that deportations do not occur at 1 am. They do have records, however, of Montes later attempting to cross back into the U.S. He was caught in the attempt, which nullified his DACA status.
Monica Almadani, an attorney representing Montes, said their court filing demonstrates that he was “unlawfully expelled from the United States, and the government must bring him back.”
Almadani has witnesses who, in multiple declarations, attempt to corroborate Montes’ assertion that he was in the U.S. legally before immigration agents took him across the border.
The judge in the case requested that Montes be allowed to stay in the U.S. before each court date, and a Customs and Border Protection spokesman told Politico that the agency plans to comply with the request.
DACA will be ended by the federal government in six months, as announced by Attorney General Jeff Sessions recently.
Congress is hoping to pass legislation on DACA before the protections it offers expire in March.
Montes has been living with relatives in Mexico since he was deported.
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