A young immigrant who migrated to the United States as a child was secretly deported to Mexico earlier this year despite his lawful allowance to stay in the U.S. He has filed a suit against the current administration in hopes of revealing the government's justification.
Juan Manuel Montes is a 23-year-old immigrant who many expected to fare well in the United States. As a result of suffering a traumatic brain injury as a child, Montes has learning disabilities that made graduating high school and engaging in everyday conversations difficult. He overcame those barriers by maintaining a job picking crops while taking college courses to earn a welding degree.
Montes was brought in the country at the ripe age of nine when he became a beneficiary of former president Obama's Deferred Action for Childhood Arrivals (DACA) program. Those who operate under this action, commonly known as “dreamers,” are authorized to work and receive immunity from being removed from the country for a period of time. Since he became a part of the program, Montes had qualified for the protection of DACA twice, he was supposed to be protected until 2018.
Deportations have spiked due to the Trump administration's new regulations. However, federal guidelines for DACA have not been altered or overturned. President Trump seemed to have a soft spot for the dreamers, claiming that they are “incredible kids” and the thought of deporting them was a “difficult subject” for him. But it wasn't long before Montes and several other immigrants were detained and funneled out of the country.
In his lawsuit, Montes claims to have been fetching a taxi in Calexico, California when a border patrol agent approached him asking for identification. He had left his wallet in a friend's car and had no form of ID on him at the time to prove his status as a dreamer. Montes was immediately taken into custody. At approximately 1 a.m. on Feb 17, patrol officers physically removed him from the country and dropped him off in Mexico. The Department of Homeland Security denies that any of the events occurred, claiming that there were no records for his detainment.
Montes' attorneys are requesting that the federal government disclose all information regarding their client's deportation. Prior to filing a lawsuit, they requested public information records, but their requests were “ignored.” Nora Preciado, one of Montes' lawyers and a staff attorney at the National Immigration Law Center, released a statement addressing the administration.
“The government shouldn't treat anyone this way - much less someone who has DACA,” Preciado said. “No one should have to file a lawsuit to find out what happened to them.”
White House press secretary Sean Spicer briefly responded to questions posed about Montes' case specifically.
"That situation is evolving right now," he said. "I would not rush to judgment."
Facing deportation is a terrifying experience. Not only for the person being removed but for their friends and loved ones also. The assistance of an experienced attorney will maximize your chances of success. Call the Seattle law office of Steve Karimi at (206) 621-8777 or contact him online.