Immigration rights supporters cry foul after Dreamer deported

SAN JOSE, Calif. (KGO) -- Immigration rights supporters are expressing concern Wednesday over the deportation of a Dreamer.

The Customs and Border Protection Service deported 23 year old Juan Manuel Montes in February, but his case was just uncovered.

A lawsuit has been filed against the agency, and attorneys for Montes say they're tired of waiting to hear back from the federal government.

Montes' attorneys say he is the first DACA recipient to be deported under the Trump Administration.

"We're looking for answers. We haven't gotten them for weeks and weeks, despite repeated requests to the federal government," Nora Preciado with the National Immigration Law Center said.

Montes had been protected under the Deferred Action for Childhood Arrivals policy - a status for undocumented immigrants brought to the U.S. as children.

But, attorneys say he was deported in the middle of the night without access to a lawyer back in February.

The Department of Homeland Security says it has no record of that encounter, but say they deported Montes after he was caught trying to re-enter the country illegally. Attorneys are now suing to find out what exactly happened.

"Why is it the government is saying one thing, and agents in the field are doing something else?" Preciado said.

Reaction on Capitol Hill was split along party lines. House Minority Leader Nancy Pelosi disagreed with the deportation. "The trump administration is terrorizing patriotic young people who want nothing more than to live, work and contribute to the country they love - the only home they've ever known," Pelosi said.

Iowa GOP Congressman Steve King, who has called for stronger restrictions on immigration, shared his thoughts on twitter by toasting border patrol with a picture of a beer mug, writing "This one's for you."

One dreamer in San Jose is now terrified about her future.

"It creates more fear within myself, my community because this just tells us that anyone is vulnerable to ice roundup," San Jose resident Anna said.

Trump has promised to end undocumented immigration into the country-but has wavered on the specifics of the DACA policy.

Prior to all of this, Montes had been re-approved for DACA status through 2018. Court documents note that the status of DACA recipients is terminated if the individual leaves the U.S. without receiving official permission. The Department of Homeland Security claims that Montes did that, but his lawyers are disputing that claim.

Click here to read the full court documents in Montes' case.