The attorneys representing the individuals deported in the latest high-profile instances argue that their clients did not receive proper legal procedures before being removed from the country.
In Washington, Immigration and Customs Enforcement officials have recently carried out the deportation of a Cuban mother of a one-year-old child, leading to their separation, and three children aged 2, 4, and 7, who are American citizens, along with their mothers from Honduras, according to their legal representatives on Saturday.
These three specific scenarios prompt inquiries into the rationale behind the deportations and highlight an ongoing dispute in the federal judiciary system regarding the extent to which President Donald Trump’s strict immigration policies are impeding essential rights.
Lawyers in the cases described how the women were arrested at routine check-ins at ICE offices, given virtually no opportunity to speak with lawyers or their family members and then deported within three days or less.
The American Civil Liberties Union, National Immigration Project and several other allied groups said in a statement that the way ICE deported children who are U.S. citizens and their mothers is a “shocking — although increasingly common — abuse of power.”
Gracie Willis of the National Immigration Project said the mothers, at the very least, did not have a fair opportunity to decide whether they wanted the children to stay in the United States.
“We have no idea what ICE was telling them, and in this case what has come to light is that ICE didn’t give them another alternative,” Willis said in an interview. “They didn’t gave them a choice, that these mothers only had the option to take their children with them despite loving caregivers being available in the United States to keep them here.”
The 4-year-old — who is suffering from a rare form of cancer — and the 7-year-old were deported to Honduras within a day of being arrested with their mother, Willis said.
In the case involving the 2-year-old, a federal judge in Louisiana raised questions about the deportation of the girl, saying the government did not prove it had done so properly.
Lawyers for the girl’s father insisted he wanted the girl to remain with him in the U.S., while ICE contended the mother had wanted the girl to be deported with her to Honduras, claims that weren’t fully vetted by U.S. District Judge Terry Doughty in Louisiana.
Doughty in a Friday order scheduled a hearing on May 16 “in the interest of dispelling our strong suspicion that the Government just deported a U.S. citizen with no meaningful process,” he wrote.
The Honduran-born mother — who is pregnant — was arrested Tuesday on an outstanding deportation order along with the 2-year-old girl and her 11-year-old Honduran-born sister during a check-in appointment at an ICE office in New Orleans, lawyers said. The family lived in Baton Rouge.
Doughty called government lawyers on Friday to speak to the woman while she was in the air on a deportation plane, only to be called back less than an hour later and told that a conversation was impossible because she “had just been released in Honduras.”
In a Thursday court filing, lawyers for the father said ICE indicated that it was holding the 2-year-old girl in a bid to induce the father to turn himself in. His lawyers didn’t describe his immigration status, but said he has legally delegated the custody of his daughters to his sister-in-law, a U.S. citizen who also lives in Baton Rouge.
In Florida, meanwhile, a Cuban-born woman who is the mother of a 1-year-old girl and the wife of a U.S. citizen was detained at a scheduled check-in appointment at an Immigration and Customs Enforcement office in Tampa, her lawyer said Saturday.
Heidy Sánchez was held without any communication and flown to Cuba two days later. She is still breastfeeding her daughter, who suffers from seizures, her lawyer, Claudia Cañizares, said.
Cañizares said she tried to file paperwork with ICE to contest the deportation Thursday morning but ICE refused to accept it, saying Sánchez was already gone, although Cañizares said she doesn’t think that was true.
Cañizares said she told ICE that she was planning to reopen Sánchez’s case to help her remain in the U.S. legally, but ICE told her that Sánchez can pursue the case while she’s in Cuba.
“I think they’re following orders that they need to remove a certain amount of people by day and they don’t care, honestly,” Cañizares said.
Sánchez is not a criminal and has a strong case on humanitarian grounds for allowing her to stay in the U.S., Cañizares said, but ICE isn’t taking that into consideration when it has to meet what the lawyer said were deportation benchmarks.
Sánchez had an outstanding deportation order stemming from a missed hearing in 2019, for which she was detained for nine months, Cañizares said. Cuba apparently refused to accept Sanchez back at the time, so Sanchez was released in 2020 and ordered to maintain a regular schedule of check-ins with ICE, Cañizares said.
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