Feds admit error but dispute claims made by deported 'Dreamer' Montes

The case was assigned at random to Curiel, the Indiana-born judge whose impartiality was called into question by Trump past year due to what the then-candidate called Curiel's "Mexican heritage".

Montes' case has received worldwide attention because Trump had pledged to exempt people enrolled in the DACA program from being deported under his tougher enforcement policies toward undocumented immigrants. The case was eventually settled.

Before becoming president, Trump met DREAMers and after taking office retained Daca protections, which cover more than 750,000 undocumented immigrants, signalling they would escape his immigration crackdown.

It turns out that Curiel will continue to resolve Trump-related disputes.

President Trump has not been clear about his intentions for DACA recipients. Curiel will now have to decide whether Trump's administration can legally detain and deport individuals who were guaranteed the right to live and work in the U.S. But DHS says the first record they have of Montes is in 2010, when he entered the USA and agreed to a deal that allowed him to avoid expedited removal. Trump had previously told ABC News that DREAMers, as those with DACA status are known, "shouldn't be very worried" about deportation. They shouldn't be very anxious.

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Homeland Security Secretary John Kelly has insisted the administration has not detained or deported anyone with an active DACA status, but several former DACA recipients have been detained and, in some cases like Montes', the government has maintained that a violation of the program forfeited the status.

At 1 a.m. the night of his arrest, according to the National Immigration Law Center, Montes was deported to Mexicali, Calexico's twin city across the border in Mexico. DHS said Wednesday that never happened.

One supporter of the move, though, was hardliner Rep. Steve King, a Republican from Iowa who supports vastly restricting the flow of immigration into the United States and has a history of controversial statements about immigrants.

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. He was sent back to Mexico the following day, where he is now staying. (The man was allegedly part of the Deferred Action for Childhood Arrivals - DACA - program.) The Department of Homeland Security told CNN that the man was not captured and deported as he alleges. It says Customs and Border Protection and U.S. Citizenship and Immigration Services, which manages the DACA program, failed to respond to requests for information beyond acknowledging receipt.

As a candidate, Trump repeatedly attacked Curiel and accused him of being impartial in the case due to his Mexican ancestry. "In one, I read what other people are saying about me-and more important, what they're saying about my people".

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