A pregnant woman endured multiple days in the desert before being apprehended by Border Patrol. Now, as a new mother, she confronts the possibility of being expelled from the country.
A woman from Guatemala, identified as Erika, was swiftly taken into custody by U.S. Immigration and Customs Enforcement (ICE) following the birth of her child at an Arizona hospital. Erika had crossed the border illegally and was detained by U.S. Customs and Border Protection (CBP) agents before giving birth at Tucson Medical Center.
President Donald Trump's administration launched a crackdown on immigration, targeting undocumented immigrants, foreign students, and those crossing the Southern border since taking office in January. Amidst this, the administration reversed a longstanding policy directing immigration agents to avoid sensitive locations such as churches, schools, and hospitals.
Attorney Luis Campos told CNN that Erika had been wandering alone in the Arizona desert for two days while eight months pregnant before her detention. He claimed that he had not been able to speak with Erika for days and was denied access to the hospital, which he argued violated her Fifth Amendment right to counsel.
Erika initially faced expedited removal but was later issued a Notice to Appear, allowing her to appear before an immigration judge. Campos suggests that the pressure from the local community forced a change in the authorities' position.
A CBP spokesperson said that Erika crossed the border illegally. Before being issued a Notice to Appear, Erika had no statutory right to an attorney in immigration proceedings, the CBP spokesperson said. Once the notice was issued, she was given the opportunity to speak with her attorney, the spokesperson added.
The current debates and proposals surrounding the detention and deportation of newly-born children of undocumented immigrants are complex and evolving. One such proposal is the Birthright Citizenship Act of 2025, which aims to restrict birthright citizenship for children born to undocumented parents or those on temporary visas. However, as of March 2025, President Trump's executive order related to this issue was temporarily blocked by federal judges across the country.
There have also been instances of U.S. citizen children being deported alongside undocumented parents, which organizations like CHILDREN AT RISK have condemned, calling for federal intervention. These deportations are criticized for violating the rights of U.S. citizen children and for lacking due process.
In summary, while there are no specifically targeted policies for detaining newly-born children, they can be affected by broader deportations of undocumented parents and by debates over birthright citizenship. Legal challenges and advocacy efforts are underway to protect the rights of these children.
- Despite Erika's newborn crossing the border with her, her family faces the risk of being deported due to their undocumented status, a situation that has been criticized by organizations like CHILDREN AT RISK.
- In the midst of the politics surrounding immigration, there have been proposals such as the Birthright Citizenship Act of 2025, aiming to restrict birthright citizenship for children born to undocumented parents or those on temporary visas.
- Erika, a woman from Guatemala who was recently detained by ICE after giving birth in an Arizona hospital, was initially facing expedited removal but was later issued a Notice to Appear—a change that Campos suggests was pressured by the local community.
- After being issued a Notice to Appear, Erika was given the opportunity to speak with her attorney, as stated by a CBP spokesperson, but before that she had no statutory right to an attorney in immigration proceedings.
