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A Central American asylum seeker arrested outside the LA Immigration Court is suing immigration and customs enforcement, as well as the Trump administration, for her immediate release and that of her two children, including her six-year-old son, who was hit by cancer.
The Honduras woman, not named in court documents, challenged the legality of her and her family’s detention at a Texas facility and filed a petition on a warrant for habeas corpora. She also seeks a preliminary injunction that prevents the immediate deportation of families to Honduras as she cry and prays each night for their children to be released from Texas holdings, according to court documents.
Her two children, including her and her 9-year-old daughter, are faced with two removal procedures at the same time. Previous removal procedures, including asylum requests and this recent rapid removal process.
Women allege that the government violated many of their rights, including the due process clause in the Fifth Amendment.
Her lawyer said DHS determined that when she was parole to the country she was not a flight risk and that her detention was unfair.
The woman’s lawyer also argued that she was not given the opportunity to challenge her family’s detention in front of a neutral adjudicator.
They also allege that they violated the family’s fourth amendment rights to not be illegally arrested.
The Honduras mother is represented by several groups, including attorney Kate Gibson Kumar of the Texas Civil Rights Project, the San Antonio-based Center for Refugee Education and Legal Services, and the attack on Texas by immigration advocacy groups.
The lawsuit was filed Tuesday in US District Court in San Antonio.
Emails to the Department of Homeland Security outside of business hours were not immediately answered.
One of the focal points of the lawsuit is the fate of a woman’s son.
According to court documents, the young man was diagnosed with acute lymphoblastic leukemia at the age of three and received chemotherapy treatment, including injecting chemotherapeutic agents into his cerebrospinal fluid.
He began treatment in Honduras and completed two years of chemotherapy. At that point, the mother believes that, according to court documents, he no longer has leukemia cells in his blood.
However, his son needs regular surveillance and medical care for his condition, according to court documents.
Last year, the family fled to the United States to “seek for safety” after being subjected to a “immediate and horrifying death threat” in Honduras.
They applied for admission while waiting in Mexico and were appointed CBP one app to apply for asylum in October. They presented themselves in private border entry, were processed and paroleed in the US, according to court documents.
They were scheduled to appear in Los Angeles Immigration Court and moved to the area to live with their families.
Both children were enrolled in local public schools, attended Sunday churches and were learning English, according to court documents.
According to court documents, the trio heard for asylum request and were caught off guard when Homeland Security lawyers asked to dismiss their case.
The woman told the immigration judge, “We want to continue.” [with our cases]According to court documents.
The judge granted the dismissal, and the Honduras mother and two children were quickly arrested by Plain Cross ice agents when they placed the court in the hallway, according to court documents. The woman had planned a medical appointment on June 5th to diagnose her son, but was unable to attend due to arrest.
The family was taken to a private immigration centre in the city after hours of detention on the ground floor, according to court documents.
All three of them “cried out in fear,” the boy urinated himself, leaving his wet clothes “for hours,” according to court documents.
The trio was placed on a flight to San Antonio along with several other families. Flight dates were not available.
After landing, the family was taken to a detention center in Dilly, Texas, where they were resident.
According to court documents, the children cried every night, praying “that God would take them out of the detention center.”
The mother claims that the federal government did nothing to monitor his son’s leukemia for days.
Her lawyers are also seeking release for the juvenile’s treatment, which is an unmet request.
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