'It is illegal': Judge furious as 2-year-old US citizen with cancer deported
Federal immigration authorities deported three U.S. citizen children on Friday—including one with cancer who was expelled without medication—in a move that critics and one judge appointed by President Donald Trump said was carried out without due process.
U.S. Customs and Immigration Enforcement's (ICE) New Orleans field office deported the American children—ages 2, 4, and 7—along with their undocumented mothers, one of whom is pregnant. The ACLU said that both families were held incommunicado following their arrests, and that ICE agents refused or failed to respond to efforts by attorneys and relatives who were trying to contact them.
The ACLU said that one of the children has a rare form of metastatic cancer and was deported without medication or consultation with their treating physician, despite ICE being notified about the child's urgent condition. This follows last month's ICE deportation of a family including a 10-year-old American citizen with brain cancer.
According to court documents, the 2-year-old New Orleans native—identified as V.M.L.—was brought by her mother, Jenny Carolina Lopez Villela, to a routine immigration appointment in the Louisiana city on Tuesday when they were arrested.
A habeas petition filed on Thursday states that ICE New Orleans Field Office Director Mellissa Harper told V.M.L.'s desperate father on a phone call that he could try to pick the girl up but would likely be arrested, as he is undocumented. The petition argues that Harper was detaining V.M.L. "in order to induce her father to turn himself in to immigration authorities."
On Friday, U.S. District Judge Terry Doughty—a Trump nominee—ordered a May 16 hearing in Monroe, Louisiana based on his "strong suspicion that the government just deported a U.S. citizen with no meaningful process."
"It is illegal and unconstitutional to deport, detain for deportation, or recommend deportation of a U.S. citizen," Doughty wrote, citing relevant case law. "The government contends that this is all OK because the mother wishes that the child be deported with her. But the court doesn't know that."
The ACLU argued that ICE's actions "represent a shocking—although increasingly common—abuse of power," adding that the agency "has inflicted harm and jeopardized the lives and health of vulnerable children and a pregnant woman. The cruelty and deliberate denial of legal and medical access are not only unlawful, but inhumane."
Teresa Reyes-Flores of the Southeast Dignity not Detention Coalition said in a statement Friday: "ICE's actions show a blatant violation of due process and basic human rights. The families were disappeared, cut off from their lawyers and loved ones, and rushed to be deported, stripping their parents of the chance to protect their U.S. citizen children."
Immigration Services and Legal Advocacy legal director Homero López Jr. said that "these deplorable actions demonstrate ICE's increasing willingness to violate all protections for immigrants as well as those of their children."
"These types of disappearances are reminiscent of the darkest eras in our country's history and put everyone, regardless of immigration status, at risk," he added.
The Trump administration—whose first-term immigration policies and practices included separating children from their parents and imprisonment in concentration camps—is once again under fire for its anti-immigrant agenda.
The U.S. Supreme Court recently blocked the deportation of undocumented Venezuelans under the Alien Enemies Act of 1798 and has also ordered the administration to facilitate the return of Kilmar Abrego García, a Salvadoran man wrongfully deported to a notorious prison in his native country. On Wednesday, a Trump-appointed judge ordered the administration to take action to return another Salvadoran deported to the same prison.
In a scathing ruling Friday, U.S. District Judge David Briones ordered ICE to free a Venezuelan couple dubiously held in El Paso under the Alien Enemies Act, finding that the government "has not demonstrated they have any lawful basis to continue detaining" the pair. Briones also warned ICE to not deport anyone else it is holding as an alleged "alien enemy" in West Texas.
ICE overreach and abuses—which include wrongful detention of U.S. citizens, arrests of green-card holders who defend Palestine, and warrantless home searches—have fueled renewed calls for the agency's defunding.
"A government agency that sequesters and deports vulnerable mothers with their U.S. citizen children without due process must be defunded, not rewarded with an additional $45 billion to continue at taxpayers' expense," Mich P. González, a founding partner of Sanctuary of the South—which provides legal aid to immigrants—said Friday.
"These families were lawfully complying with ICE's orders and for this they suffered cruel and traumatic separation," González added. "If this is what the Trump administration is orchestrating just three months in, we should all be terrified of what the next four years will bring."