"Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", said Nora Preciado, an attorney at the National Immigration Law Center, which represents Montes. The federal complaint accuses US Customs and Border Protection (CBP) and US Citizenship and Immigration Services (USCIS) of failing to give him a reason for his deportation despite having Deferred Action for Childhood Arrivals (DACA).
But Trump allowed to remain in place the DACA protections Obama had granted to more than 750,000 undocumented immigrants, saying he felt sympathy for these young people who have limited ties to the countries of their birth.
Montes was twice granted deportation protections under Obama's Deferred Action for Childhood Arrivals (DACA) program, according to USA TODAY.
"It is beyond the pale that border patrol officers are left to make decisions that impact people's lives and future with absolute impunity".
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 had left his wallet in a friend's vehicle, so he couldn't produce his ID or proof of his DACA status and was told by agents he couldn't retrieve them.
Montes had twice been granted DACA under the Obama administration, each time giving him permission to live and work in the U.S. for two years.
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.
Customs and Border Protection did not respond to a request for comment on his detention or removal. "The government shouldn't treat anyone this way - much less someone who has DACA".
"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.
President Donald Trump has not formally rescinded DACA, but in February he issued an executive order instructing the Department of Homeland Security to consider any person living in the USA illegally as a potential target for deportation.
But at least 10 are in federal custody, according to United We Dream, an advocacy organization made up of DACA enrollees and other young immigrants, USA Today reported. A spokesman for NILC said the criminal record was accurate but under Obama-era rules it did not disqualify him from DACA.
Officers with US Customs and Border Protection reportedly questioned Montes, and within three hours, deported him by walking him to the Mexican border and and leaving him in the town of Mexicali. His DACA and work authorization were not set to expire until next year, his lawyers said.
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