Calexico ‘Dreamer’ Sues Feds After Deported to Mexico

A young man named Juan Manuel Montes Bojorquez, 23, who may be the first “dreamer” to be deported under the Trump administration, has filed what could be the first “dreamer” lawsuit against the administration in San Diego federal court. The lawsuit demands the government release information about his case under the Freedom of Information Act (FOIA), to find out why he was deported.

Mr. Montes was deported back to Mexico after being stopped by a border officer on a bike in Calexico on February 17th. He did not have any ID on him when he was detained. It is reported that Montes was not given an opportunity to see an immigration judge or attorney, and that he was escorted across the border in Mexicali without the copies of the papers that he signed. After he was removed to Mexico, the lawsuit claims that Montes was robbed in Mexicali at knifepoint of a suitcase of clothing. He snuck back in to the U.S. the next day with his wallet, and then turned himself to CBP. He was detained once again and deported back to Mexico. Montes has been living with family in Mexico since.

According to his attorneys, Mr. Montes came to the U.S. when he was 9 years old and since 2014 has been able to legally live and work in the country under the Deferred Action for Childhood Arrivals (DACA) program. According to the Department of Homeland Security, his DACA status had expired, and an illegal entry into the U.S. and a prior conviction for theft put his status in question. Montes has a minor traffic offense and one misdemeanor offense.

Deferred Action for Childhood Arrivals (DACA)

The future of DACA remains uncertain under the new administration. The program was established in 2012 under President Obama and permits “dreamers,” those brought into the country illegally as children, to remain in the U.S. to get an education and work as long as they meet certain criteria. They must reapply every two years. To be eligible, illegal immigrants must have entered the U.S. before they were 16. They must be enrolled in school, and not be convicted of a felony or serious misdemeanor.

DACA should not be confused with the Development, Relief, and Education for Alien Minors (DREAM) Act, which is a package of laws that allow those who enter the US illegally under the age of 16 to apply for student financial aid benefits if they have attended school regularly and met in-state tuition and GPA requirements.

San Diego Immigration and Criminal Law Attorney

In this political landscape, the most minor of violations, such as traffic tickets or minor misdemeanors could have huge consequences. If you are an immigrant who has been arrested or charged with a crime, it is important to work with a lawyer who understands both immigration and criminal law. At the Law Offices of David Boertje, we have a thorough understanding of how immigration and criminal laws interact. Contact the Law Offices of David Boertje today, for a free and confidential consultation.