DREAMer is first to be deported under Trump
President said such immigrants would be protected
Federal agents ignored President Trump’s pledge to protect from deportation undocumented immigrants brought to the USA as children by sending a young man back to his native Mexico, the first such documented case, a USA TODAY examination of the new administration’s immigration policies shows.
After spending an evening with his girlfriend in Calexico, Calif., on Feb. 17, Juan Manuel Montes, 23, who has lived in the USA since age 9, grabbed a bite and was waiting for a ride when a U.S. Customs and Border Protection officer approached and started asking questions.
Montes was twice granted deportation protections under the Deferred Action for Childhood Arrivals Program (DACA) created by President Obama and left intact by Trump.
Montes had left his wallet in a friend’s car, so he couldn’t produce his ID or proof of his DACA status and was told by agents he couldn’t retrieve them. Within three hours, he was back in Mexico, becoming the first undocumented immigrant with active DACA status deported by the
Juan Manuel Montes left his wallet in a friend’s car, so he couldn’t produce his ID or proof of his DACA status and was told by agents he couldn’t retrieve them. Within three hours, he was back in Mexico. Juan Manuel Montes, 23, had been protected from deportation twice under the Deferred Action for Childhood Arrivals program created by President Obama. He was deported to Mexico on Feb. 17.
Trump administration’s steppedup deportation policy.
“Some people told me that they were going to deport me; others said nothing would happen,” Montes told USA TODAY in his aunt and uncle’s home in western Mexico. “I thought that if I kept my nose clean, nothing would happen.”
Trump has followed through on his campaign pledge to crackdown on illegal immigration by signing executive orders to step up enforcement against the estimated 11 million undocumented immigrants living in the USA. The new policy calls for expanding the criteria for detaining and deporting someone and hiring thousands of new agents.
Trump declined to revoke the DACA protections Obama granted to more than 750,000 undocumented immigrants, repeatedly saying he had a soft spot for these young people who lead productive lives and have few, if any, ties to the countries of their birth.
“They shouldn’t be very worried,” he told ABC News in January. “I do have a big heart.”
Even so, DACA enrollees are 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.
The group’s advocacy director, Greisa Martinez, who has DACA protection, said Montes’ case is proof that people are at risk despite what Trump said. “We’ve seen Trump and (Department of Homeland Security Secretary) John Kelly say, ‘ The DACA program is alive and well.’ We’ve seen (House Speaker) Paul Ryan look straight into the eyes of one of our members and say, ‘ You have nothing to worry about,’ ” she said. “And then this happens.”
Customs and Border Protection said Tuesday it could not discuss Montes’ case because of the department’s privacy policy.
After USA TODAY published the story, the Department of Homeland Security — which had refused a request for comment for 24 hours — said it could not confirm details of Montes’ deportation. Spokeswoman Jenny Burke said the department had no record of him renewing his DACA status after it expired in 2015, though Montes’ attorneys provided a copy of his work authorization card that showed his status was valid through 2018.
A group of attorneys filed a lawsuit in federal court Tuesday in California, requesting that a judge force Customs and Border Protection to release details of the encounter with Montes.
Marielena Hincapié, executive director of the National Immigration Law Center, part of Montes’ legal team, said it has requested information for months but has gotten no response. “How does an immigrant family today know that this is not going to happen to them?” Hincapié said.
The shy Montes was never a poster child for the DACA program. He wasn’t his high school’s valedictorian or a prominent advocate for fellow DREAMers.
He suffered a traumatic brain injury as a child that left him with learning disabilities that meant a constant struggle to keep up in school and everyday conversations, according to Hincapié. He made it through special education courses and graduated high school in 2013. He started taking welding classes at a Southern California community college and paid for it by picking crops in California and Arizona.
“I thought that if I kept my nose clean, nothing would happen.” Juan Manuel Montes, 23, an undocumented immigrant from Mexico
Court records show he has four convictions: one for shoplifting in January 2016 and three for driving without a license, most recently three months ago. Those convictions are not serious enough to disqualify him from DACA protections, according to U.S. Citizenship and Immigration Services, the federal agency that approves DACA applications.
Montes received renewed DACA protections in January 2016, which keep him enrolled through 2018. That is why Montes was confused when he was approached by the federal officer in February. “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.
Montes said he couldn’t understand anything he was signing and was not given any copies. Officers walked him to the U.S.Mexican border and released him into Mexicali.
Montes said he was mugged and beaten. He decided he needed to get back home. He saw some people using a rope to climb over a section of the border wall and joined them. He was quickly captured by federal agents, questioned again and deported again.
Burke, the DHS spokeswoman, said the department had no record of Montes being arrested and deported from California as he described. Instead, it only had a record of him being caught after climbing the wall Feb. 19.
Last week, the department suspended publishing weekly reports on cities it accused of failing to cooperate with federal deportation efforts because the reports had been riddled with errors.