Importance Score: 65 / 100 🔴
Federal Judge Voices Concern Over Possible Wrongful Deportation of U.S. Citizen
A federal judge in Louisiana has expressed serious reservations regarding the apparent deportation of a 2-year-old U.S. citizen to Honduras, alongside her mother. The judge suggests this action may have occurred without due process. The case raises legal and ethical questions surrounding the rights of American citizens in immigration proceedings.
Court Order and Scheduled Hearing
U.S. District Judge Terry Doughty issued an order scheduling a hearing for next month, stating the child was seemingly transported to Honduras on Friday with her mother, who was under a deportation order.
“The Government contends that this is all okay because the mother wishes that the child be deported with her,” Doughty penned. “But the Court doesn’t know that.”
Timeline of Events
The Louisiana court contacted a government lawyer at 12:19 p.m. to communicate with the child’s mother, only to discover she was already on a plane. By 1:06 p.m., the court was informed that both individuals were in Honduras, according to Doughty.
Doughty articulated that the May 16 hearing would serve “In the interest of dispelling our strong suspicion that the Government just deported a U.S. citizen with no meaningful process.”
Background of the Judge
Doughty, serving as the chief judge in the U.S. District Court for the Western District of Louisiana, received his appointment from President Donald Trump in 2017 and was confirmed by the Senate the following year.
Details of the Apprehension
The mother and her two daughters, including VML, the U.S. citizen, were apprehended Tuesday morning in New Orleans by Immigration and Customs Enforcement (ICE) as the mother attended a scheduled meeting, according to lawyers contesting the deportation.
The family was reporting to an “Intensive Supervision Appearance Program” office, the attorneys reported. The mother, a Honduran national, had been released from ICE custody in 2021 under that program.
Custody Dispute
The father of VML, residing in the U.S., sought custody of VML following the mother’s detention and requested that the child be placed with a custodian who is “ready and willing” to care for her in the U.S., lawyers representing the custodian stated.
Citizenship and Legal Arguments
VML was born in Baton Rouge on January 4, 2023, making her a U.S. citizen, according to attorneys with the National Immigration Project of the National Lawyers Guild. The other daughter, aged 11, was born in Honduras.
- Attorneys attempting to halt the child’s deportation argued that her removal violates the Constitution and her rights as an American citizen.
Government’s Stance
Government lawyers asserted that the child’s mother has legal custody and indicated her intention to take her daughter to Honduras in a written statement.
The letter, in Spanish, reads, “I will take my daughter … with me to Honduras.”
The handwritten letter is dated Thursday at 6:23 p.m., at a time when the woman and child were in ICE custody, prior to their deportation on Friday.
The Department of Homeland Security and ICE did not provide an immediate response when contacted Friday night for comment.