Louisiana Families Allege Illegal Deportation of U.S. Citizen Children; Federal Judge Expresses Concern
NEW ORLEANS – A legal battle is brewing in Louisiana following the deportation of two mothers and their three U.S. citizen children to Honduras last Friday, sparking outrage and accusations of unlawful conduct by immigration officials. Attorneys for the families contend that the mothers were coerced into taking their children, aged two, four, and seven, despite the children’s citizenship and the existence of lawful custodians in the United States willing to care for them.
Erin Hebert, a senior associate at Ware Immigration in the New Orleans area, represents the mother of the seven-year-old girl and the four-year-old boy, who is currently undergoing treatment for metastatic cancer. “she was told she was being deported wiht her children and she asked ‘Why my children?'” said Hebert. “They refused to answer her. They gave her no options, no ability to make arrangements. she never signed anything. She never gave them permission. She never indicated that she wanted them to come with her.”
Did you know that children who are U.S.citizens are entitled to the same legal protections as any other citizen, nonetheless of their parents’ immigration status?
According to Hebert, the mother reported to U.S. Immigration and Customs Enforcement (ICE) offices on Thursday morning for a routine check-in, only to be deported with her children less than 24 hours later. Hebert stated that ICE was aware of the four-year-old’s cancer treatment and removed him from the country without his medication or consulting with his doctors. “We were immediately working on arranging for alternate custody so that those kids would not get removed with [their] mother once they were all detained,” she said.
gracie Willis from the National Immigration Project of the National Lawyers Guild represents the two-year-old U.S. citizen child of the other deported mother, identified in court papers as V.M.L. Willis, along with Hebert, attempted to file legal motions to prevent the deportations but were unable to communicate with their clients until after they arrived in Honduras.
“What has become entirely clear is that ICE’s portrayal of consent is undeniably false and flatly a lie,” Willis alleged. “ICE did not provide the mothers with any choice other than their U.S. citizen children coming with them. They were not provided a choice. They were not provided options.”
ICE officials presented a note purportedly handwritten by V.M.L.’s mother in Spanish, stating, “I will take my daughter with me to Honduras.” Willis disputes the authenticity and intent of the note, noting that it appears to have been written on a hotel notepad with identifying facts blacked out. “It’s not an expression of want, it’s not an expression of wish, it’s not an expression of desire,” Willis said. “It is an expression of a fact that she was told by ICE.”
Mich Gonzalez, an attorney with Sanctuary of the South also representing V.M.L.’s mother,echoed these concerns. “Both mothers have clearly communicated that they felt under extreme duress in this situation, that ICE essentially coerced them into accepting this deportation with their children,” Gonzalez said. “Both have stated that ICE repeatedly denied their requests, for a phone call, for a legal process, requests to speak to a judge, request to speak to anyone via phone call, including family members or perhaps lawyers.”
The fathers of the children, who remain in the United States, are reportedly devastated by the separation. “The fathers are distraught by this cruel separation from their families,” said Gonzalez.The deportations have drawn criticism from lawmakers and sparked a debate about the rights of U.S.citizen children in deportation proceedings involving their parents. Over the weekend,Secretary of State Marco Rubio defended the removals,insisting the mothers chose to take their children. “three U.S. citizens ages four, seven, and two were not deported.their mothers,who are illegally in this country,were deported.The children went with their mothers,” Rubio said.
Former acting ICE Director tom Homan echoed Rubio’s sentiments. “No U.S. citizen child was deported,” said Homan. “Deported means ordered by an immigration judge.”
Though, these claims are disputed by the families’ legal representatives, who argue that the mothers were denied due process and the opportunity to explore alternative custody arrangements within the united States. willis responded, “Secretary Rubio is repeating the same lies from ICE, never having spoken to these families.”
Gonzalez added, “All three children had the legal right to stay here, with people ready and willing, with the legal right to receive them. And none of them were provided that opportunity by ICE.”
did you know that while immigration law is federal, states often become involved through social services and child custody laws?
A federal judge in Louisiana has now intervened, issuing an order questioning the circumstances surrounding the deportation of the two-year-old. “The government contends that this is all OK because the mother wishes that the child be deported with her,” wrote Judge Terry Doughty. “But the court doesn’t know that.”
Judge Doughty has set a hearing for May 16, stating he has a “strong suspicion that the government just deported a U.S. citizen with no meaningful process” and affirming that it is indeed “illegal and unconstitutional to deport” a U.S. citizen. The hearing is expected to shed further light on the events leading up to the deportations and address the legal arguments surrounding the rights of U.S. citizen children in such cases.
Counterargument: Some argue that parents who are in the U.S. illegally should not be allowed to use their children’s citizenship as a shield against deportation orders. However, legal experts emphasize that each case must be evaluated individually, prioritizing the best interests of the child.the existence of willing and capable custodians in the U.S. creates a legal and ethical obligation to explore those options before removing a U.S. citizen from their home country.
FAQ
Can a U.S. citizen be deported? No, it is illegal and unconstitutional to deport a U.S. citizen.
What rights do U.S. citizen children have if their parents are facing deportation? U.S. citizen children have the right to due process and the right to remain in the United States. The government has a responsibility to consider the best interests of the child.
What happens if a U.S. citizen child is deported with their parents? Legal avenues exist to challenge the deportation and seek the child’s return to the United States. A federal judge can order the government to bring the child back.
What is the legal definition of “deportation?” In immigration law, “deportation” refers to the formal removal of a non-citizen from the United states. While U.S. citizens cannot be formally deported, the act of forcing or coercing them to leave the country against their will raises serious legal concerns.
* What factors are considered when determining the best interests of a U.S. citizen child in deportation proceedings? Factors can include the child’s age, health, educational needs, ties to the U.S., and the availability of suitable caregivers in the U.S.
