De­ported ‘Dreamer’ held af­ter bor­der cross­ing

Los Angeles Times - - CITY & STATE - By Ruben Vives ruben.vives@la­times.com Twit­ter: @lat­vives Times staff writer Cindy Car­camo con­trib­uted to this re­port.

A 23-year-old man who sued the Trump ad­min­is­tra­tion over his de­por­ta­tion to Mex­ico but later dropped the suit was ar­rested early this week af­ter il­le­gally reen­ter­ing the coun­try for a sec­ond time, ac­cord­ing to U.S. Cus­toms and Bor­der Pro­tec­tion.

Juan Manuel Montes-Bo­jorquez en­tered the coun­try il­le­gally about 3.5 miles east of down­town Calex­ico shortly be­fore mid­night Mon­day, ac­cord­ing to a Bor­der Pa­trol state­ment.

Bor­der Pa­trol of­fi­cials said Montes-Bo­jorquez ran about 600 feet north of the fence be­fore Bor­der Pa­trol agents caught up to him. The agency said that at one point the man lay on the ground, but then got up and fled as the agents ap­proached him.

“Af­ter a brief foot chase, agents caught and de­tained the sub­ject. The man was ar­rested and trans­ported to the Calex­ico sta­tion for pro­cess­ing,” the state­ment read.

Montes-Bo­jorquez made head­lines when he was de­ported to Mex­ico on Feb. 19, mak­ing him the first per­son with pro­tected sta­tus un­der Pres­i­dent Obama’s De­ferred Ac­tion for Child­hood Ar­rivals pro­gram, known as DACA, to be de­ported un­der Pres­i­dent Trump.

Montes-Bo­jorquez, who had been living in the U.S. since he was 9 and has a learn­ing dis­abil­ity af­ter suf­fer­ing trau­matic brain in­jury as a child, was thrust into the cen­ter of the heated de­bate on il­le­gal im­mi­gra­tion fol­low­ing his de­por­ta­tion.

In April, at­tor­neys rep­re­sent­ing the young DACA re­cip­i­ent filed a law­suit de­mand­ing that fed­eral of­fi­cials re­lease in­for­ma­tion about why he was de­ported. Montes-Bo­jorquez said he had per­mis­sion to live and work in the U.S. un­der the Obama-era im­mi­gra­tion pro­gram that pro­tected young peo­ple who were brought to the coun­try il­le­gally as chil­dren.

Montes-Bo­jorquez ar­gued that he was ap­proved for DACA in 2014 and that he had re­newed his sta­tus in 2016, which wouldn’t have ex­pired un­til two years later.

At the time, the Depart­ment of Home­land Se­cu­rity said that Montes-Bo­jorquez’s DACA sta­tus had ex­pired and that the young man had vol­un­tar­ily left the U.S. for Mex­ico, which would have made him in­el­i­gi­ble for the DACA pro­gram.

In his law­suit against Trump, Montes-Bo­jorquez said he was walk­ing to a taxi sta­tion in the bor­der town of Calex­ico af­ter vis­it­ing with a friend when a Bor­der Pa­trol of­fi­cial stopped him. He was de­tained when he failed to pro­duce iden­ti­fi­ca­tion and was taken to a Bor­der Pa­trol sta­tion, where he al­leges in his law­suit that he was forced to sign doc­u­ments and was not al­lowed to see an im­mi­gra­tion lawyer.

DHS of­fi­cials later cor­rected them­selves, say­ing that Montes-Bo­jorquez’s DACA sta­tus had not ex­pired, but they said be­cause he had left the coun­try, he was in­el­i­gi­ble for the pro­gram.

Days af­ter Montes-Bo­jorquez was de­ported, U.S. Cus­toms and Bor­der Pro­tec­tion said he was ar­rested af­ter he il­le­gally en­tered the U.S. by climb­ing the fence over down­town Calex­ico.

The ar­rest Mon­day made it the sec­ond time that Montes-Bo­jorquez at­tempted to reen­ter the U.S. il­le­gally. He was ar­rested and placed in the Im­pe­rial County jail pend­ing charges of reen­try af­ter re­moval.

“Bor­der Pa­trol agents will al­ways stop, de­tain and ar­rest any­one mak­ing an il­le­gal en­try into the coun­try ir­re­spec­tive of their im­mi­gra­tion or ci­ti­zen­ship sta­tus,” said As­sis­tant Chief Pa­trol Agent David S. Kim.

Un­der fed­eral law, il­le­gally reen­ter­ing the U.S. af­ter be­ing de­ported is a felony of­fense pun­ish­able by a fine and up to two years in prison, ac­cord­ing to the Depart­ment of Jus­tice.

Juan Gastelum Na­tional Im­mi­gra­tion Law Cen­ter

AN UN­DATED photo shows Juan Manuel Mon­tesBo­jorquez, 23, a DACA re­cip­i­ent who sued the Trump ad­min­is­tra­tion over his de­por­ta­tion in Fe­bru­ary.

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