DACA recipient deported as DHS disputes status

Montes' defense claims that he was provided no explanation for his removal. He had lived in the U.S. since he was nine years old and his attorneys reported that he received a renewal of his DACA status and work authorization in 2016 which was not set to expire until 2018. DHS claims that Montes' DACA status expired in 2015 and that their records do not show that he was issued a renewal.

https://www.google.com/amp/abcnews.g...Fid%3D46875886

There is definitely more to this story than meets the eye. Let's not panic or jump to conclusions yet. Apparently Durbin is involved and I'm sure the truth will come out.

What I have indeed noticed is that the media and these pro immigration groups are quick to blow things out of proportion . Would I be surprised if this guy somehow forgot to renew in 2015? No !

https://www.google.com/amp/s/amp.cnn...ion/index.html

He most likely let his DACA expire.

Nah, it was current, renewed and set to expire at 2018.

The article referenced by OP does not contain the full context of said story - i.e. why he was initially deported, not his subsequent illegal re-entry attempt. Herein lies the issue.

He was initially stopped and picked up from the streets (visa vie stop-and-Fisk style) by a boarder patrol agent, upon which occasion he was not carrying his ID, and deported without the opportunity to see a immigration judge, legal counsel, or to even prove his DACA status.

They simply wanted to deport him. No explanation given. His attorneys have resorted to filing a lawsuit under the Freedom of Information Act to even pry any information out of the DHS in connection to his sudden removal.

But what is most interesting, at any rate to myself, is going to be the reaction of folks on this forum. People are curious - in a tragic-comic sort of way. They have a propensity to believe "bad" things only happen to "bad" people, and are ready to embrace any narrative that will confirm this conviction. Its basic just world fallacy. They would rather victim blame than to admit how precarious or gratuitous their own situation has deteriorated under this new administration.

We forget, under Obama, that DHS directives required agents to release undocumented persons, even if person in question did not have DACA but could prove their children did. The gloves are off now.

But this shouldn't really come as a surprise; they did say they were going to do it: “DACA is not a protected legal status, but active DACA recipients are typically a lower level of enforcement priority.”

In other words, we are now a target for enforcement.

https://www.washingtonpost.com/news/...advocates-say/

CBP says he let his DACA expire.

Attorneys say he has valid DACA.

Outcome of this case has severe implications for all DACA.

If he indeed had valid DACA and CBP deported him for not having ID/document on him AND it turns out that CBP has the right to do so.... Just wow.

We DACAers walking on thin ice!

Like I said , time will tell if his DACA had expired or not. Right now it's a he said/she said situation. Also , him shoplifting in 2016 and being charged and convicted of it doesn't help his situation. The lawyers should provide proof his daca is still active. That shouldn't be hard right?

According to this news article, the attorney does have copies:

http://www.nbcnews.com/news/latino/d...nswers-n748061

If you have DACA stay out of trouble! Don't shoplift, drink and drive or do anything stupid. I have 0 sympathy for people with daca who do these things and then get upset when they find themselves in deportation proceedings.

If anyone is interested here is a link to the FOIA complaint (I don't think his lawyers would have filed this without proof he had a valid DACA, but time will tell):

https://www.nilc.org/wp-content/uplo...2017-04-18.pdf

If you imagine that any free-advocacy organizations like the NILC would take up any case, without evidence to prove any standing (i.e. vaild EAD or DACA), which is both costly and time consuming, you don't understand how this works.

By the way, reporters from USA Today have seen his EAD, which is valid till 2018.

https://www.usatoday.com/story/news/...ump/100583274/

The prior conviction for larceny is at best a misdemeanor, for which he did probation.

As far as 'proof' or 'showing' the damn thing, that is what a trail is for - but you have to build a case first, which at the moment is impossible since the DHS has refused to release any record of the incident (of initial deportation). Hence the Freedom of Information lawsuit.

I smell a rat. The likely story, to my mind at least, is that an agent was in a bad mood that day or did so, "just cuz", and that the DHS is covering for him.

But at the end of the day, even if he was boarder crossing as DHS claims, or not, and deported with a valid 'DACA' status, by law, he is still liable for deportation, regardless - as all of us are.

I hope I am wrong but I got the feeling that trump is going to purge anyone with records regardless of whether it's a misdemeanor or a felony in order to boost up his numbers, so if your records are squeaky clean I suggest to work hard to keep it that way cause things are getting tough