Federal Judge Questions Deportation Of U.S. Citizen Toddler To Honduras

A federal judge stated Friday that a 2-year-old U.S. citizen was deported to Honduras alongside her mother, an undocumented immigrant, raising serious legal and constitutional concerns.

U.S. District Judge Terry Doughty confirmed that the child, referred to in court documents as V.M.L., was released with her mother in Honduras on Friday afternoon. Attorneys for the family had filed an emergency petition a day earlier, arguing that the U.S. Immigration and Customs Enforcement (ICE) lacked the statutory or constitutional authority to detain or deport a U.S. citizen.

According to the petition, the child was born in Baton Rouge, Louisiana, on January 4, 2023. She was taken into ICE custody Tuesday morning along with her mother and 11-year-old sister during a routine check-in at an ICE office.

"In the interest of dispelling our strong suspicion that the government just deported a U.S. citizen with no meaningful process," Judge Doughty wrote, a hearing is scheduled for May 16 in Monroe, Louisiana.

Doughty emphasized that "it is illegal and unconstitutional to deport, detain for deportation, or recommend deportation of a U.S. citizen," citing precedent from a 2012 case.

The federal government argued that the mother requested that her daughter accompany her to Honduras. In opposing court documents, officials stated the mother provided a handwritten note to ICE indicating she wanted to retain custody of V.M.L. and have the child removed with her. However, the judge noted, "the court doesn't know that" for certain.

The Department of Homeland Security (DHS) echoed ICE's position, asserting that it is common practice for parents to choose to take their children with them during removal proceedings. "Parents are asked if they want to be removed with their children or designate another guardian. In this case, the parent requested to be removed with the children," a DHS official said.

DHS also stressed that it takes its responsibility to protect children seriously and continues working with federal law enforcement to ensure child safety.

Court documents reveal the child's father received a call from ICE about an hour after his wife and daughters entered the agency’s office in New Orleans. When he arrived at the address provided—an ICE field office—he was informed only that the mother was in custody. He was not given further information about his daughters.

Attempts by the father’s attorney to arrange a legal call were unsuccessful. ICE officers later informed the father that deportation proceedings were imminent. During a phone call, he reportedly heard his daughters and partner crying and reminded the ICE officers that his youngest daughter was a U.S. citizen and could not be deported. Before he could provide contact details for their attorneys, an ICE officer allegedly ended the call.

Following this, the father arranged for a notarized document granting provisional custody of his daughters to his sister-in-law, a U.S. citizen living in Baton Rouge. However, according to the petition, ICE declined to release V.M.L. to the sister-in-law, stating it was unnecessary because the child was with her mother. The agency also warned the father he could face detention if he attempted to retrieve his daughter.

The government contends that the mother’s letter made her intentions clear, and that the individual claiming to be V.M.L.’s father had failed to properly identify himself to ICE agents.

"The child is not at substantial risk of irreparable harm if kept with her lawful custodian mother," government lawyers argued in court filings.

The situation remains under legal review, with a court hearing scheduled to determine next steps.