A federal judge on Friday said that the Trump administration seems to have deported a 2-year-old US citizen to Honduras “with no meaningful process,” as the child's father tried to halt the effort.
US District Judge Terry A. Doughty stated the girl, who was referred to as "V.M.L." in court documents, was deported with her mother. “It is illegal and unconstitutional to deport, detain for deportation, or recommend deportation of a US citizen,” Doughty said. He set up a hearing for May 19 "in the interest of dispelling our strong suspicion that the Government just deported a US citizen with no meaningful process."
US Immigration and Customs Enforcement on Tuesday apprehended V.M.L with her mother, Jenny Carolina Lopez Villela, and elder sister when Villela took part in a routine appointment at its New Orleans office, according to a filing by Trish Mack, who stated the infant's father told her to act as the child's custodian. Mack said when V.M.L.'s father spoke to Villela, he could hear her and the children crying. During that time, according to a court document, he reminded her that their daughter was a US citizen “and could not be deported.”
However, prosecutors said Villela, who has legal custody, told ICE that she wanted to retain custody of the girl and have her go with her to Honduras. They said the man claiming to be V.M.L.'s father had not presented himself to ICE despite requests to do so.
“It is therefore in V.M.L.’s best interest that she remain in the lawful custody of her mother. Further, V.M.L. is not at risk of irreparable harm because she is a US citizen," Trump administration's officials said in a filing on Friday.
V.M.L. is not banned from entering the US, prosecutors added.
The American Civil Liberties Union termed V.M.L,'s case -and another similar as a “shocking ... abuse of power”. "These actions stand in direct violation of ICE’s own written and informal directives, which mandate coordination for the care of minor children with willing caretakers – regardless of immigration status – when deportations are being carried out," it stated.
(With inputs from Reuters)
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