Verify: Can people with protected status be deported?

While each case is different, DACA protections remain in place and any undocumented immigrant that has committed a crime is at risk for deportation.

A DREAMer was deported to Mexico within hours of being arrested, but was it a mistake?

KENS 5 first told you about Juan Manuel Montes on Tuesday night. He’s the DREAMer from California with valid DACA status who was apprehended in February by the Border Patrol and was deported within just a few hours.

On Wednesday, the Department of Homeland Security confirmed that he had protected status, had committed no crime, but was still deported to Mexico, all because he reportedly had no identification on him at the time he was detained.

It left us wondering: Could this happen to other DREAMers with valid DACA status?

We know some of these stories can be confusing, especially when there’s misinformation floating around online. Here at KENS 5, we are dedicated to verifying the stories you see every day.

We decided to verify the facts surrounding the status of DACA protections for immigrants, the possibility of deportation, and what you need to know.

To confirm these facts, KENS 5 spoke to Lance Curtright, an immigration attorney in San Antonio, whose firm handles DACA cases almost daily.

First, Curtright confirmed that DACA protections remain in place and that none of the policies initiated by the Obama administration have been rescinded. Also, the Trump administration has announced no plan to rescind those policies.

However, if a DACA enrollee has committed a crime, all bets are off. Even if the crime is a mere speeding ticket, the Trump administration has expanded deportation directives for criminals to include immigrants with DACA status.

Curtright recommends that any DACA enrollee who’s accused of a crime seek legal help immediately as deportation proceedings are possible. However, each case is different, and many variables will undoubtedly determine the outcome.

 

VERIFY: Resources

WATCH: Can people with protected status be deported anyway?
READ: DACA recipient told he's now cleared with ICE, can stay in the U.S.
READ: First protected DREAMer deported under Trump
MORE: See more stories we've verified...
 

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