[h=1]Obama's first Dreamer is deported: Farm worker, 23, who moved to US when he was nine, 'was picked up in the middle of the night by agents who said his status had expired and sent him back to Mexico three hours later'[/h]
- Juan Manuel Montes, 23, says he was sent back to Mexico from Calexico on February 18 at 1am
- He arrived in the US when he was nine and has lived in California ever since
- He was given DACA status in 2014 and says he renewed it in 2016 to keep him in the US until 2018
- Border Agents will not comment on his claims he was deported without explanation
- They say they picked him up two days later on February 19 after catching him trying to sneak back in to the country and that his DACA status expired in 2015
- Montes admits climbing the border fence on February 2019 but says he only did so to get home after being deported the first time without cause
- President Trump has promised to extend the program which President Obama established in 2012
The first of President Obama's Dreamers was deported in February despite promises from both he and President Trump that they were safe.
Juan Manuel Montes, 23, was sent back to Mexico from Calexico, California, on February 18.
He claims he is allowed to remain in the country until 2018 under the Deferred Action for Childhood Arrivals program which allows the children to of undocumented immigrants who came to the US as youngsters to stay in the US legally as adults.
US Customs and Protection Agents say Montes was deported because his DACA status expired in 2015 and that he never renewed it.
He insists that he did and that they never had grounds to remove him.
Nonetheless, the agents say they only picked him up and deported him after catching him trying to sneak back in to the US on February 19 by climbing the border fence in Mexicali.
Montes does not contest that claim but says he only tried to jump the fence because he feared for his life in Mexico and wanted to come home to California.
He says the ordeal began on February 17 in Calexico, California, where he claims he was stopped suddenly and 'aggressively' by a Border Patrol Agent on a bicycle as he walked to a taxi stand after spending the night at a friend's house.
In a lawsuit filed against the government in California on behalf of the 23-year-old, lawyers said: 'The officer asked Mr Montes in an aggressive manner for identification but Mr Montes had accidentally left his wallet, which contained his California identification card and EAD (proof of eligibility to work) in a friend's car.
'The officer then called another agent or officer to the scene. Mr Montes was scared and confused that he had been stopped and felt threatened by the officer,' a lawsuit filed against the government reads.
Juan Manuel Montes, 23, was sent back to Mexico from Calexico, California, on February 18.
He claims he is allowed to remain in the country until 2018 under the Deferred Action for Childhood Arrivals program which allows the children to of undocumented immigrants who came to the US as youngsters to stay in the US legally as adults.
US Customs and Protection Agents say Montes was deported because his DACA status expired in 2015 and that he never renewed it.
He insists that he did and that they never had grounds to remove him.
Nonetheless, the agents say they only picked him up and deported him after catching him trying to sneak back in to the US on February 19 by climbing the border fence in Mexicali.
Montes does not contest that claim but says he only tried to jump the fence because he feared for his life in Mexico and wanted to come home to California.
He says the ordeal began on February 17 in Calexico, California, where he claims he was stopped suddenly and 'aggressively' by a Border Patrol Agent on a bicycle as he walked to a taxi stand after spending the night at a friend's house.
In a lawsuit filed against the government in California on behalf of the 23-year-old, lawyers said: 'The officer asked Mr Montes in an aggressive manner for identification but Mr Montes had accidentally left his wallet, which contained his California identification card and EAD (proof of eligibility to work) in a friend's car.
'The officer then called another agent or officer to the scene. Mr Montes was scared and confused that he had been stopped and felt threatened by the officer,' a lawsuit filed against the government reads.
He claims he was then driven to a detention center and forced to sign papers in English which he did not understand.
'Mr Montes was not provided with the opportunity to see an immigration judge, seek the assistance of counsel, or review the contents of the documents that he was forced to sign.
'He was also not provided a copy of any of those documents and is unaware of the legal basis for this physical removal.
'At approximately 1am, CBP officers walked Mr Montes to the US-Mexico border (near Mexicali, Baja California)and physically removed him from the United States.'
Two days later, on February 19, he was caught trying to sneak his way back in to the country.
He claims he did so in fear of his life after being mugged at knife point in Mexico. After this incident, he was sent back to Mexicali where he remains.
US Customs and Protections will not acknowledge the first alleged incident or comment on his claim that he renewed his DACA status in 2016.
Montes is now suing the government, demanding it release records surrounding his case.
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Montes says he was picked up in the border town of Calexico (shown above) on February 17
The government has refused to answer to his claims he was deported on February 17.
Border Agents confirmed he was removed from the country on February 19 after trying to hop the fence but would not comment on any of his other accusations, instead pointing to a theft conviction he has dating back to 2016.
The young man's story spread across social media after lawyers in California filed paperwork on Tuesday demanding Border Agents reveal details of the incident.
Agents had up until then been quiet on the issue, claiming its privacy policy restricted them from making the circumstances public.
The way Montes tells it, he entered the US at the age of nine with his mother and has lived in the country ever since.
He said he suffered a brain injury as a boy which left him with special needs. Despite his learning difficulties, he said he graduated high school in 2013 and later completed a welding course at community college.
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Border agents caught him climbing over the fence at the Mexicali border (above) two days later
The 23-year-old's story swept social media, spawning the hashtag JusticeForJuan and inspiring a petition which has gained 12,000 signatures
He has spent the last few years picking crops on farms in Arizona and California. He was granted DACA status sometime after the program was established in 2012.
In its infancy, the program kept recipients in the country legally for two years. They then had to apply to renew their status. It now gives them three years in the country.
'Mr Montes was not provided with the opportunity to see an immigration judge, seek the assistance of counsel, or review the contents of the documents that he was forced to sign.
'He was also not provided a copy of any of those documents and is unaware of the legal basis for this physical removal.
'At approximately 1am, CBP officers walked Mr Montes to the US-Mexico border (near Mexicali, Baja California)and physically removed him from the United States.'
Two days later, on February 19, he was caught trying to sneak his way back in to the country.
He claims he did so in fear of his life after being mugged at knife point in Mexico. After this incident, he was sent back to Mexicali where he remains.
US Customs and Protections will not acknowledge the first alleged incident or comment on his claim that he renewed his DACA status in 2016.
Montes is now suing the government, demanding it release records surrounding his case.
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Montes says he was picked up in the border town of Calexico (shown above) on February 17
The government has refused to answer to his claims he was deported on February 17.
Border Agents confirmed he was removed from the country on February 19 after trying to hop the fence but would not comment on any of his other accusations, instead pointing to a theft conviction he has dating back to 2016.
The young man's story spread across social media after lawyers in California filed paperwork on Tuesday demanding Border Agents reveal details of the incident.
Agents had up until then been quiet on the issue, claiming its privacy policy restricted them from making the circumstances public.
The way Montes tells it, he entered the US at the age of nine with his mother and has lived in the country ever since.
He said he suffered a brain injury as a boy which left him with special needs. Despite his learning difficulties, he said he graduated high school in 2013 and later completed a welding course at community college.
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Border agents caught him climbing over the fence at the Mexicali border (above) two days later
The 23-year-old's story swept social media, spawning the hashtag JusticeForJuan and inspiring a petition which has gained 12,000 signatures
He has spent the last few years picking crops on farms in Arizona and California. He was granted DACA status sometime after the program was established in 2012.
In its infancy, the program kept recipients in the country legally for two years. They then had to apply to renew their status. It now gives them three years in the country.
Montes insists he reapplied in January and was granted permission to remain in the country.
He said when border agents picked him up on February 17, they gave no reason for deporting him and would not let him retrieve proof of his renewal.
USA Today reports that he has one conviction for shoplifting from 2016 and three convictions for driving without a license. None are serious enough crimes to disqualify valid DACA enrollment.
In a statement on Wednesday morning, a US Customs and Protection spokesman told DailyMail.com: 'Juan Manuel Montes Bojorquez was apprehended by the Calexico Station Border Patrol after illegally entering the U.S. by climbing over the fence in downtown Calexico.
'He was arrested by Border Patrol just minutes after he made his illegal entry and admitted under oath during the arrest interview that he had entered illegally.
'His DACA status expired in Aug. 2015 and he was notified at that time. In addition, he has a conviction for theft for which he received probation.'
The hashtag JusticeforJuan spread across Twitter on Wednesday as sympathy for the 23-year-old grew.
Critics of the administration said his treatment was proof of its dishonesty and asked how immigrant families would be able to trust President Trump as a result.
He has promised to carry on the program because it benefits hard-working young people.
President Obama established the program in 2012.
He said when border agents picked him up on February 17, they gave no reason for deporting him and would not let him retrieve proof of his renewal.
USA Today reports that he has one conviction for shoplifting from 2016 and three convictions for driving without a license. None are serious enough crimes to disqualify valid DACA enrollment.
In a statement on Wednesday morning, a US Customs and Protection spokesman told DailyMail.com: 'Juan Manuel Montes Bojorquez was apprehended by the Calexico Station Border Patrol after illegally entering the U.S. by climbing over the fence in downtown Calexico.
'He was arrested by Border Patrol just minutes after he made his illegal entry and admitted under oath during the arrest interview that he had entered illegally.
'His DACA status expired in Aug. 2015 and he was notified at that time. In addition, he has a conviction for theft for which he received probation.'
The hashtag JusticeforJuan spread across Twitter on Wednesday as sympathy for the 23-year-old grew.
Critics of the administration said his treatment was proof of its dishonesty and asked how immigrant families would be able to trust President Trump as a result.
He has promised to carry on the program because it benefits hard-working young people.
President Obama established the program in 2012.
