Federal Judge Warns Two-Year-Old U.S. Citizen May Have Been Deported Without Due Process Under Trump Administration

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A federal judge has raised serious concerns that a two-year-old U.S. citizen may have been deported to Honduras without receiving any meaningful legal process, amid the Trump administration’s intensified efforts to speed up deportations.

In a court filing, U.S. District Judge Terry Doughty noted a “strong suspicion” that the child, identified only as VML, was removed from the United States alongside her mother and 11-year-old sister without proper legal proceedings. The child, born in Louisiana, and her family were apprehended during a routine check-in at a New Orleans immigration office on April 22, according to court documents.

A spokesperson for the Department of Homeland Security stated that the mother had chosen to bring her daughters with her upon being deported to Honduras. However, the sequence of events outlined in court documents suggests troubling irregularities. The judge attempted to arrange a phone call with the child’s mother, but a government attorney responded that communication would not be possible because she—and presumably VML—had already been released in Honduras.

The immigration status of VML’s mother, father, and older sister remains unclear, though VML’s citizenship is not in question. Judge Doughty emphasized the legal gravity of the situation, stating that it is “illegal and unconstitutional to deport, detain for deportation, or recommend deportation of a U.S. citizen.”

A hearing has been scheduled for May 19 to address the court’s suspicion that a U.S. citizen was deported without receiving meaningful due process protections. The proceeding is intended to clarify the circumstances surrounding the deportation and the government’s actions.

In a statement sent to CBS News, the BBC’s U.S. media partner, Department of Homeland Security Assistant Secretary Tricia McLaughlin reiterated that “the parent made the decision to take the child with them to Honduras,” adding that “it is common that parents want to be removed with their children.”

Complicating the situation further, earlier this week the child’s father filed for a temporary transfer of legal custody to his sister-in-law, who is also a U.S. citizen. Under state law, this move would have granted the sister-in-law custody of the children. However, an Immigration and Customs Enforcement (ICE) agent reportedly rejected the request, telling a family attorney that the father could attempt to pick up his daughter but warned he would face detention himself.

This case echoes a second, similar incident in Florida. According to media reports, a Cuban woman named Heidy Sánchez, who was breastfeeding her one-year-old daughter and married to a U.S. citizen, was detained at a scheduled immigration appointment and deported to Cuba within two days. Sánchez’s lawyer noted that her daughter suffers from seizures and argued that Sánchez, who has no criminal record, should have been allowed to remain in the United States on humanitarian grounds.

Thousands of undocumented immigrants have been detained since President Donald Trump returned to office on January 20, implementing a harder line on immigration enforcement. Trump’s policies have triggered a series of legal challenges nationwide.

In one high-profile case, the government admitted it mistakenly deported Kilmar Ábrego García, a Salvadoran national, but asserted that he was affiliated with the MS-13 gang—a claim strongly disputed by his attorney and family. Ábrego García has never been convicted of a crime. Although the U.S. Supreme Court unanimously ruled that efforts should be made to facilitate his return, the Trump administration has maintained that he will “never” be allowed to live in the United States again.

The cases raise broader concerns about the protections afforded to U.S. citizens and lawful residents under an immigration system experiencing renewed pressure and scrutiny.

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