The DOJ says the child is under legal custody of the mother, but the judge cites strong suspicions that the deportation took place without a “meaningful process.”
A federal judge raised concerns Friday that a two-year-old U.S. citizen may have been deported along with his illegal immigrant mother without a meaningful legal review.
Petitioners accused ICE of using misleading guarantees to delay emergency applications and explain the agency’s actions as an effort to “secretly disappear” of children of U.S. citizens without judicial oversight.
Related Stories
Additionally, federal officials argued that the custodian, designated as the father of the child, was unable to personally appear before the ICE in a valid identification document and establish custody rights, making it impossible for the VML to be released to them. They also argued that VML, as a US citizen, retains the right to return to the US at any time, reducing allegations of irreparable harm.
“It’s true that keeping VML away from mothers and putting it under the control of an unidentified individual would pose a greater risk of harm,” Doj Attorneys wrote in the submission. “Therefore, it is VML’s greatest interest that she maintains legal custody of her mother.”
The petitioner’s lawyer argued that the mother’s memo was not a formal exemption from the child’s independent constitutional rights, and accused Ice of inappropriately hindering actual discussions between the mother and legal representative regarding the child’s best interests.
“The respondent’s submission states that VML’s mothers know that they don’t want VML to be released from detention, which is not something to be emphasized. The memo states that VML mothers bring “VML” to “VML.”
Doughty has not ruled the merits of the case, but in his order it made clear that the court is requesting a full hearing to assess whether the court has complied with constitutional and statutory protections.
The Department of Homeland Security (DHS) and ICE have not yet publicly commented on cases that go beyond court filings. The Epoch Times contacted DHS and the Department of Justice in a request for comment.
The dispute over the removal of VML is faced with legal challenges surrounding the Trump administration’s intensified immigration enforcement efforts.
