Federal judge says he has strong suspicion 2-year old US citizen was deported 'with no meaningful process'
A federal judge on Friday said he has a strong suspicion that the Trump administration deported a 2-year old U.S. citizen to Honduras "with no meaningful process."
The U.S. citizen, identified in the filings as "V.M.L" was initially detained with her undocumented mother and sister at a routine immigration check-in in New Orleans earlier this week. After the father of the 2-year old learned that his family was detained, his lawyer called immigration officials to inform them that V.M.L is a U.S. citizen and could not be deported, according to court documents.
"Around 7:30 p.m. the same day, V.M.L.'s father received a call from an ICE officer, who spoke to him for about a minute," according to a court filing submitted by the father's attorney. "The officer said that V.M.L.'s mother was there, and that they did not have much time to speak to each other and that they were going to deport his partner and daughters."
According to the court filing, when the father reached out to an official for Immigration and Customs and Enforcement, he was told that he could try to pick up V.M.L but that he would also be taken into custody.
On Thursday, an attorney for a family friend, who had been given temporary provisional custody of the child, filed for a temporary restraining order, requesting the immediate release of the 2-year-old, saying she was suffering irreparable harm by being detained.
In response to that motion, lawyers with the Justice Department said it was in the best interest of the minor that she remain in legal custody of her mother and added that she was not at "risk of irreparable harm because she is a U.S. citizen."
"V.M.L. is not prohibited from entering the United States," the DOJ lawyers said in the court filing.
Before the court responded to the habeas petition and a motion for temporary restraining order, the 2-year old, along with her mother and sister, were deported to Honduras, according to court filings.
"That family filed a habeas corpus petition and motion for a temporary restraining order, which was never ruled on because of their rapid early-morning deportation," the American Civil Liberties Union said in a statement.
The ACLU said that the 2-year old and two other U.S. citizen children in a separate case, were deported from the U.S. "under deeply troubling circumstances that raise serious due process concerns."
In his April 25 order, U.S. District Judge Terry Doughty said he tried to reach the 2-year-old's mother over the phone, to ascertain whether she, in fact, wanted her child deported with her, as the government had contended, but was told by government attorneys that wouldn't be possible because the mother had just been released in Honduras.
Doughty scheduled a hearing in the case for May 16, saying he was taking the step in "the interest of dispelling our strong suspicion that the Government just deported a U.S. citizen with no meaningful process."
