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A Honduras woman seeking asylum in the United States has filed a lawsuit challenging the legality of her and her family’s detention at a Texas facility.
The woman, along with her 6-year-old son and his 9-year-old brother who are battling leukemia, were taken into custody after the three attended a May 29 immigration hearing in Los Angeles. Family lawyers say they could be deported at any time despite attempting to seek asylum in the US
According to court filings, the six-year-old, identified as an NMZ identified as an NMZ in a habeas-protection complaint, was diagnosed with acute lymphoblastic leukemia in Honduras and received two and a half years of treatment, requiring two and a half years of treatment. His detention left him missing a medical appointment scheduled for June 5th.
A 6-year-old soccer ball and a favorite outfit. (Texas Civil Rights Project)
The mother is currently suing immigration and customs enforcement, homeland security and the Trump administration for her immediate release, along with the release of her two children.
The mother alleges that the government violated many of their rights, including the due process clause of the fifth amendment. This is the first lawsuit to challenge ice arrests for children in accordance with a new ICE directive encouraging arrests in court.
“The U.S. District Court has already ruled that the ICE Court’s arrest policy released last month is illegal and unconstitutional, and I think it’s particularly abominable and ruthless to apply it to children,” said attorney Elora Mukherjee, a Columbia law professor and member of the team representing the family.
The lawyer said DHS determined that it was not a flight risk when her mother was parole domestically and that her detention was unfair.
They also argued that she was not given the opportunity to challenge her family’s detention in front of the neutral party.
“The fear this family is suffering should never be felt by a child in need of medical care. Arresting immigrants when they leave court is a vicious display that ignores humanity.
6 year old math worksheet. (Texas Civil Rights Project)
The Civil Rights Project in Texas said families would be placed in rapid removal and would allow for rapid deportation without court hearing. Family lawyers fear that they will be deported before the case is heard.
The mother and her children were granted legal entry into the United States during the Biden administration.
The Trump administration claims it targets violent criminals with 3,000 immigrant arrests per day, or 1 million per year. ICE data obtained by the Cato Institute shows that more than 93% of immigrants have arrested this fiscal year and have never been convicted of a violent crime.
The Department of Homeland Security did not respond to requests for comment at the time of publication of this article.
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