Immigrant protected by DACA deported, attorneys say - Tucson News Now

Immigrant protected by DACA deported, attorneys say

Attorneys say 23-year-old Juan Manuel Montes Bojorquez was deported from California to Mexico in February, but they say he was protected by a status for undocumented immigrants brought to the U.S. as children. (Source: National Immigration Law Center/CNN) Attorneys say 23-year-old Juan Manuel Montes Bojorquez was deported from California to Mexico in February, but they say he was protected by a status for undocumented immigrants brought to the U.S. as children. (Source: National Immigration Law Center/CNN)

(CNN) - There's a new spotlight on President Trump's stance on the so-called Deferred Action for Childhood Arrivals program.

Attorneys say 23-year-old Juan Manuel Montes Bojorquez was deported from California to Mexico in February, but they say he was protected by the DACA, a status for undocumented immigrants brought to the U.S. as children.

Besides that, the attorneys say the Homeland Security Department is now using his deportation to scrap his DACA status.

DACA recipients are supposed to get advanced parole before leaving the U.S, and the department says since he left the country, he lost the DACA protection.

But his attorneys say in a lawsuit that the immigrant was deported - and didn't voluntarily leave the country - and he was supposed to be protected by law until 2018.

If their claims are true, he would be the first DACA recipient to be deported.

President Trump pledged to end the DACA program during his campaign, but his administration later said no one with DACA protections would be deported.

Montes is currently in Mexico.

His case in being heard in San Diego by Judge Gonzalo Curiel, who Trump targeted during the campaign, claiming he couldn't be impartial in a Trump University case because he is of Mexican descent. That case was eventually settled.

According to the Associated Press, the government has issued nearly 800,000 DACA permits since 2012.

Copyright 2017 CNN. All rights reserved. Raycom News Network contributed to this report.

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