Infant U.S. national allegedly expelled without substantial legal procedure, according to court judgement.
A federal judge in Louisiana is up in arms over a 2-year-old American citizen being deported to Honduras with her mother, arguing there was no meaningful due process provided. The child, identified as VML in court documents, was taken with her mother on Friday, following an order to be removed, according court documents.
In a hearing scheduled for next month, U.S. District Judge Terry Doughty, appointed by President Donald Trump in 2017, questioned the government's claims that the mother voluntarily wanted her child to be deported with her. Judge Doughty wrote, "The Court doesn't know that," suggesting coercion may have been involved.
Tricia McLaughlin, a Department of Homeland Security spokesperson, claimed the mother made the decision to take the child to Honduras. However, attorney Mich P. González, representing the mother and co-founder of Sanctuary of the South, argued that ICE is misrepresenting her decision. González stated that the woman was held in an undisclosed hotel and prevented from talking to her lawyers or family.
The mother and her children, including VML who is a U.S. citizen, were detained by Immigration and Customs Enforcement (ICE) on Tuesday morning. They were supposed to check in with an "Intensive Supervision Appearance Program" office, but ICE held them for three days before attempting to deport them, González stated.
The father of VML, based in the U.S., has sought custody of VML and expressed his willingness to care for her in the States. VML was born on January 4, 2023, in Baton Rouge and is therefore a U.S. citizen, according to attorneys with the National Immigration Project of the National Lawyers Guild.
The legal team arguing against the child's deportation has stated that it would violate the Constitution and the rights of a U.S. citizen. However, government lawyers countered that the mother has legal custody of the child and signed a letter indicating she would take her daughter to Honduras. The one-page letter, handwritten in Spanish, reads,"I will take my daughter..." It's missing a section that is not visible, leading González to speculate that it may have originally been written on hotel stationary.
The enrichment data suggests that this case has potential constitutional violations, breaches of due process, and humanitarian concerns related to improper immigration procedures. It also highlights the need for families or attorneys to seek relief through legal actions like habeas corpus petitions or motions for temporary restraining orders to halt deportations lacking due process.
- The judge, Doughty, questioned the government's claims that the mother's decision to take her child to Honduras was voluntary, suggesting that coercion may have been involved.
- The mother's legal team argues that the one-page letter written in Spanish, where the mother indicated she would take her daughter to Honduras, is suspect due to its incomplete nature, potentially implying a lack of proper consent or understanding.
- Amidst the general-news of VML's deportation, politics of immigration continue to weigh heavily, with lawyers arguing that the child's deportation would violate the Constitution and the rights of a U.S citizen, while government lawyers counter that the mother, who has legal custody, signed the letter to take her daughter to Honduras.
