The agency did not immediately respond to a request for comment from Reuters.
Federal authorities deported 23-year-old California resident Juan Manuel Montes, who has lived in the USA since the age of nine and twice received Deferred Action for Childhood Arrivals protections under the Obama's administration, in what appears to be the first case of a DACA-protected "Dreamer" being deported under President Donald Trump.
Juan Manuel Montes' attorneys said their client is believed to be the first known person who qualifies for the Deferred Action for Childhood Arrivals program to be deported by President Donald Trump.
Montes allegedly tried to retrieve his wallet in a friend's vehicle and was unable to provide proof of his DACA status. Montes was deported to Mexicali, Mexico a few hours later.
On Tuesday, a group of lawyers filed a complaint in a U.S. District Court in California, seeking more information from U.S. Customs and Border Protection about their encounter with Montes.
While it has been good news that Trump has failed to live up to some of his other promises, like repealing Obamacare and enacting a Muslim ban, this is one broken promise that will tear apart innocent families and hurt the country in the process. Montes sneaked back into the USA the next day - with his wallet this time - but got scared and turned himself in to CBP, the lawsuit says.
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.
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"We look forward to presenting our case to the court, because our client has the right to know why and how he was physically removed from the United States when he had permission to live and work here", Mónica Ramírez Almadani, an attorney with Covington & Burling LLP in Los Angeles, said in a statement. His lawyers acknowledged in the lawsuit filed in the Southern District of California that he had a misdemeanor on his record and "minor traffic offenses", none of which would have disqualified him from DACA.
Homeland Security said Montes' criminal record includes a theft conviction for which he received probation. He again was detained, questioned and asked to sign documents before being returned to Mexico.
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.
"There I worked and studied at the same time".
"Juan Manuel was funneled across the border without so much as a piece of paper to explain why or how", said Nora Preciado, one of the attorneys with NILC. "I liked it there more than here". Unable to verify that he was covered by DACA, Montes was detained, questioned and asked to sign certain documents.
DACA does not guarantee safety from removal, and some Dreamers have been deported after losing their protections.