Trump administration faces fresh immigration battle as 'Dreamer' fights deportation in court

Advocates say Juan Manuel Montes Bojorquez was deported despite federal protection

A view of the U.S.-Mexico border near Ciudad Juarez, Mexico on July 31, 2017. (REUTERS/Jose Luis Gonzalez)

In an early test of Donald Trump-era immigration enforcement, a man who was deported from the US despite having secured federal protection for young immigrants is getting his day in court.

The case of Juan Manuel Montes Bojorquez has crystallised ongoing questions about whether the Trump administration’s hard line on immigration will extend to so-called 'Dreamers', or immigrants who were brought to the country illegally as children. Immigrant advocates who fear a wide-ranging crackdown say Mr Montes is among the first 'Dreamers' to be deported under the new administration.

A programme launched under the Obama administration called Deferred Action for Childhood Arrivals, or DACA, allows those immigrants to receive work authorisation and reprieves from potential deportation. Mr Montes arrived in America as a nine-year-old, according to a court document, and won DACA status in 2014. He renewed the status in 2016, which should have covered him through to 2018.

Immigration advocates say Mr Montes was removed from America despite that DACA shield, an account the federal government disputes. According to a complaint filed by the National Immigrant Law Center, Mr Montes was detained by Customs and Border Patrol agents in Calexico, California and deported despite his protected status. The Department of Homeland Security has countered that there is no record of that interaction.

Both sides agree that Mr Montes subsequently was caught attempting to enter the United States from Mexico. His lawsuit argues that he feared for his life after being attacked by a knife-wielding assailant.

In a twist highlighting Mr Trump’s charged record on immigration, a judge whom Mr Trump attacked as impartial because he is Mexican-American will be hearing Mr Montes’ case. During the campaign, Mr Trump fomented outrage by accusing Judge Gonzalo Curiel, who was overseeing a case against Trump University, of having an “absolute conflict” because of his “Mexican heritage”. The case was eventually settled for $25 million.

While Mr Trump vowed to end the DACA program during a campaign animated by a tough-on-immigration message, he has proven reluctant to do so since taking office. The issue has split state officials, who signed onto dueling letters urging Mr Trump to either dissolve or preserve the program. Mr Trump’s aides are pushing him to maintain the program and use it as leverage toward a larger deal, according to McClatchy.