According to the Associated Press, DHS acknowledged that Montes had received DACA protections in 2014 and renewed them for two years in 2016, but that he lost those protections when he left the country without permission.
Montes’ attorneys said*he did not leave voluntarily, but rather was deported by U.S. Customs and Border Protection.
In a statement, according to the Los Angeles Times, Montes said he was walking to a taxi stand in Calexico, California when he was approached by CBP, and, not having his identification with him, was taken to a border patrol station. Montes alleged that he was made to sign documents without seeing an attorney or an immigration judge, and that he was not given a copy of the documents, according to the Times.
CPB said in a statement, according to the Times, that Montes*admitted to illegally entering the United States by climbing over a fence in Calexico. But the paper reported Montes’ lawsuit contends that he climbed a fence only after he was suddenly deported while being protected by DACA.
In his lawsuit, the report continued, Montes also noted he requested records of his interactions with CPB, but has not received any information from the agency.
DHS originally claimed that Montes’ DACA protections had expired, the AP reported, but they later acknowledged that he would have been eligible to remain in the country under the program through 2018.