Immigration and Customs Enforcement, Homeland Security, and the Trump administration are being sued by a Central American asylum applicant who was detained outside an immigration court in Los Angeles. The applicant wants her and her two children, including her 6-year-old son who has cancer, to be released immediately.
Unnamed in court filings, the Honduran woman challenged the validity of her and her family’s incarceration at a Texas facility by filing a petition for writs of habeas corpus. According to court records, she is also requesting a preliminary injunction that would stop her family from being deported to Honduras right away, while her children beg and pray every night to be released from a holding facility in Texas.
In addition to this latest expedited removal procedure, she and her two children, including a 9-year-old daughter, are facing two removal proceedings at the same time: a prior removal proceeding regarding their asylum request.
The woman alleges that numerous rights, including the Fifth Amendment’s due process guarantee, were infringed by the government.
Her lawyers pointed out that her incarceration was unwarranted and that DHS had concluded she was not a flight risk when she was released into the nation.
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Additionally, the woman’s attorneys contended that she was not have the chance to challenge her family’s incarceration before an impartial arbiter.
Additionally, they contend that the family’s right to be free from wrongful arrest under the Fourth Amendment was infringed.
The Texas Civil Rights Project’s lawyer Kate Gibson Kumar, the Refugee and Immigrant Center for Education and Legal Service in San Antonio, and the immigrant advocacy group Raices Texas are among the organizations representing the Honduran mother.
On Tuesday, the case was submitted to the U.S. District Court located in San Antonio.
The Department of Homeland Security did not immediately respond to an email sent after hours.
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The destiny of the woman’s son is one of the main issues in the lawsuit.
According to court documents, the young person was diagnosed with acute lymphoblastic leukemia at the age of three and has received chemotherapy treatments, including injections of chemotherapeutic drugs into his cerebrospinal fluid.
According to court filings, the mother believes he no longer has leukemia cells in his blood after he finished two years of chemotherapy after starting treatment in Honduras.
However, court filings state that the son requires ongoing medical treatment and supervision for his condition.
According to court filings, the family moved to the United States last year in order to seek protection after receiving threatening death threats in Honduras.
California
Data contradicts the Trump administration’s assertion that the sweeps were intended for criminals.
While waiting in Mexico, they submitted an application for entry and were granted a CBP. One appointment to seek for asylum in October. According to court filings, they appeared at an unidentified border entry, underwent processing, and were granted parole in the United States.
They relocated to the region to live with relatives and were set to appear before an immigration court in Los Angeles.
According to court filings, both children were learning English, attending Sunday church, and enrolling in local public schools.
According to court filings, the three were taken by surprise when a Homeland Security attorney requested that their case be dismissed when they appeared in court on May 29 for a hearing regarding their asylum request.
California
On Tuesday afternoon, U.S. Immigration and Customs Enforcement officers detained defendants at a courthouse in Los Angeles, raising concerns that such actions may discourage people from testifying as witnesses or responding to subpoenas.
According to court documents, the woman told an immigration judge, “We wish to continue [with our cases].”
According to court documents, the Honduran woman and two children were arrested by plainclothes ICE officials as soon as they left the courthouse in the hallway after the judge granted their dismissal. Due to the arrest, the woman’s kid was unable to attend a scheduled medical checkup on June 5th for the diagnosis of cancer.
According to court filings, the family was held for hours on the first floor before being transferred to an unnamed municipal immigration center.
According to court documents, the tiny kid urinated on himself and stayed in wet clothes for hours while all three sobbed in terror.
Together with a number of other families, the three were put aboard a plane bound for San Antonio. There was no flight date available.
The family was taken to a detention facility in Dilley, Texas, after landing, and they have been there ever since.
According to court filings, the kids have asked for God to take them out of the detention facility and cried every night.
According to the mother, the federal government failed to keep an eye on her son’s leukemia for days.
Her attorneys also requested—and were denied—that the youngster be released for medical treatment.