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Two-year-old US citizen may have been deported without 'meaningful process' | Two-year-old US citizen may have been deported without 'meaningful process' |
(31 minutes later) | |
Detentions of undocumented immigrants have spiked since Donald Trump returned to office. | Detentions of undocumented immigrants have spiked since Donald Trump returned to office. |
A federal judge has said that a two-year-old US citizen may have been deported to Honduras with her mother and 11-year-old sister without due process, amid the Trump administration's drive to ramp up deportations. | |
In a court filing, Judge Terry Doughty said that there was "strong suspicion" that the child - identified only as VML - was deported "with no meaningful process". | In a court filing, Judge Terry Doughty said that there was "strong suspicion" that the child - identified only as VML - was deported "with no meaningful process". |
The Louisiana-born child and her family members were apprehended during a routine appointment at a New Orleans immigration office on 22 April, according to the document. | |
A spokesperson for the US Department of Homeland Security said the mother wanted to take her children with her when she was sent to Honduras. | |
The judge had sought to arrange a phone call with the girl's mother, but was told by a government lawyer that it "would not be possible because she (and presumably VML) had just been released in Honduras", court documents say. | |
The immigration status of the girl's mother, father and sister remains unclear. The two-year-old, however, is a US citizen. | The immigration status of the girl's mother, father and sister remains unclear. The two-year-old, however, is a US citizen. |
"It is illegal and unconstitutional to deport, detain for deportation, or recommend deportation of a US citizen," said the judge. | "It is illegal and unconstitutional to deport, detain for deportation, or recommend deportation of a US citizen," said the judge. |
A hearing has been scheduled for 19 May "in the interest of dispelling our strong suspicion that the government just deported a US citizen with no meaningful process". | A hearing has been scheduled for 19 May "in the interest of dispelling our strong suspicion that the government just deported a US citizen with no meaningful process". |
Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement to the BBC's US partner, CBS News, that "the parent made the decision to take the child with them to Honduras". | |
She added: "It is common that parents want to be removed with their children." | |
Earlier this week, the girl's father had also filed for a temporary transfer of legal authority, which according to state law would give his sister-in-law - also a US citizen - custody of the children. | Earlier this week, the girl's father had also filed for a temporary transfer of legal authority, which according to state law would give his sister-in-law - also a US citizen - custody of the children. |
However, an Immigration and Customs Enforcement (ICE) agent spoke to a family attorney and "refused to honour the request" and said that the "father could try to pick her up, but that he would also be taken into custody". | |
In a second, similar case in Florida, a Cuban woman with a one-year-old child and her US citizen husband were detained at a scheduled immigration appointment and flown back to Cuba two days later, according to media reports. | |
The woman, identified as Heidy Sánchez, was still breastfeeding her daughter, who suffers from seizures, according to her lawyer. He has argued that Ms Sanchez was not a criminal and should have remained in the US on humanitarian grounds. | The woman, identified as Heidy Sánchez, was still breastfeeding her daughter, who suffers from seizures, according to her lawyer. He has argued that Ms Sanchez was not a criminal and should have remained in the US on humanitarian grounds. |
Thousands of undocumented immigrants have been detained since Donald Trump returned to the White House on 20 January. | Thousands of undocumented immigrants have been detained since Donald Trump returned to the White House on 20 January. |
Trump's hard-line immigration policies have encountered a number of legal hurdles. | Trump's hard-line immigration policies have encountered a number of legal hurdles. |
In the highest-profile case, the government admitted it mistakenly deported El Salvador national Kilmar Ábrego García, but contends he is a member of the MS-13 gang, which his lawyer and family denies. Mr Ábrego García has never been convicted of a crime. | In the highest-profile case, the government admitted it mistakenly deported El Salvador national Kilmar Ábrego García, but contends he is a member of the MS-13 gang, which his lawyer and family denies. Mr Ábrego García has never been convicted of a crime. |
The Supreme Court unanimously ruled that the government should facilitate bringing back Mr Ábrego García, but the Trump administration has said he will "never" live in the US again. | The Supreme Court unanimously ruled that the government should facilitate bringing back Mr Ábrego García, but the Trump administration has said he will "never" live in the US again. |