The DACA policy, launched by the Obama administration in 2012, protects persons - often called "DREAMers" - brought into the USA during their youth from deportation and provides them with the right to work legally. According to the U.S. Citizenship and Immigration Services, these convictions do not disqualify him from DACA protections.
He came to the US when he was 9 years old and since 2014 has been able to legally live and work in the country under the Deferred Action for Childhood Arrivals, or DACA, program, his attorneys said. He says he told them that he has DACA status and left his wallet in a friend's auto, but the officers wouldn't let him retrieve his ID.
President Trump, however, has signed executive orders making practically all 11 million undocumented immigrants estimated to be living illegally in the United States at risk of immediate deportation, striking previous priorities under the Obama administration.
Montes has been in the US since he was 9 and had qualified for DACA twice; he was protected until 2018.
While it has been good news that Trump has failed to live up to some of his other promises, like repealing Obamacare and enacting a Muslim ban, this is one broken promise that will tear apart innocent families and hurt the country in the process.
An estimated 11 million undocumented immigrants live in the U.S.
After USA TODAY published the story, the Department of Homeland Security - which had refused a request for comment for 24 hours - said it could not confirm details of Montes' deportation. "No one should have to file a lawsuit to find out what happened to them".
The lawsuit says that Montes has cognitive disabilities due to a traumatic brain injury suffered as a child, but graduated high school by taking special education courses and had enrolled in community college, though he was working as a farmhand prior to his deportation.
Trump has been evasive regarding Attorney General Jefferson Beauregard Sessions III's dislike of DACA. He again was detained, questioned and asked to sign documents before being returned to Mexico.
Court records show he has four convictions: one for shoplifting in January 2016, and three for driving without a license, most recently three months ago.
Montes' attorneys requested information about his deportation under the Freedom of Information Act (FOIA), but said they haven't received any information from CBP or USCIS.
"There I worked and studied at the same time".
According to Montes' team of lawyers, led by the National Immigration Law Center, Border Patrol then transported Montes to a local station. "I liked it there more than here". Montes added that he could not understand anything he was signing and was not given any copies.
In a February news conference, Trump was asked what he planned to do about DACA.
United We Dream, a Washington D.C. based immigration advocacy group, condemned Montes' deportation.