Lawsuit: Man deported after being part of protection program

President Donald Trump in January said undocumented immigrants in the US protected under the DACA act "shouldn't be very anxious".

Montes was deported on February 17 even after his legal counsel contacted U.S. Customs and Border Patrol, his lawyers said, and requested the information under the Freedom of Information Act.

This was the first documented deportation of a "Dreamer", a name given to those granted protections under the Deferred Action for Childhood Arrivals (DACA) program created by Democratic President Barack Obama and extended by Republican President Donald Trump, USA Today said. He was approached by Border Patrol agents in Calexico, California and prohibited from getting his wallet from a friend's vehicle so that he could prove his status, USA Today reports. Within hours, he was deported to Mexico, without a chance to see an immigration judge, counsel or review documents he had signed, his lawyers said in a statement.

Attorneys filed a complaint in the U.S. District Court in California claiming officials failed to prove reasons for deporting Montes, who renewed his DACA protection in January 2016 and would extend to 2018.

Though the Trump Administration has followed through on his campaign promise to crack down on illegal immigration, he declined to revoke the DACA protections granted to more than 750,000 undocumented immigrants, by the previous government.

Even so, DACA enrollees are being targeted by immigration authorities.At least 10 are in federal custody, according to United We Dream, an advocacy organization made up of DACA enrollees and other young immigrants.

Montes, who suffered a traumatic brain injury as a child and has a cognitive disability, has been in the US since he was 9 years old, according to the law center.

A young Seattle man was detained in March after the government said he admitted to gang ties, while an Argentinian woman was detained and later released after she spoke out about Trump's immigration policies at a news conference in Mississippi.

The Montes case comes amid growing anxiety among DACA recipients.

"Just last month Secretary Kelly promised me that no one with DACA would lose this protection unless they violated the terms of DACA", Durbin said. "We will be talking to the attorney general", Trump said.

The lawsuit says that Montes has cognitive disabilities due to a traumatic brain injury suffered as a child, but graduated high school by taking special education courses and had enrolled in community college, though he was working as a farmhand prior to his deportation.

The National Immigration Law Center sued the federal government in San Diego to obtain records on Montes.

DHS says he also has a conviction for theft for which he received probation.

He had minor run-ins with the law, four convictions to be exact: one for shoplifting and three for driving without a license.

"There I worked and studied at the same time".

"They detained me, they took me to a center, they asked me a lot of questions, and I signed a lot of papers", he said.

DACA does not guarantee safety from removal, and some Dreamers have been deported after losing their protections. Montes added that he could not understand anything he was signing and was not given any copies. "I liked it there more than here". Rather than continuing his education in the USA, where he was studying welding at community college, Montes now works at a gas station and tortilla mill, dreaming of the day he can come home.

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