In late April 2025, a mother from Honduras detained at an ICE office in New Orleans during a routine check-in was given approximately one minute to make a phone call before she and her 2-year-old U.S. citizen daughter were deported to Honduras the same day. Federal Judge Terry Doughty stated the child "appears to have been deported with no meaningful process," and the call was abruptly terminated when the child's father attempted to provide an attorney's phone number to the mother.
The case raises critical questions about due process for detained parents and custody arrangements for U.S. citizen children. While the government claimed the mother consented to her child's deportation, attorneys and advocacy organizations disputed that claim, citing the mother's lack of access to legal counsel and the circumstances of her detention.
Table of Contents
- How the Deportation Unfolded
- The One-Minute Phone Call
- The Disputed Consent Question
- What This Means for Detained Parents and Citizen Children
- What a Detained Parent Should Know
- Frequently Asked Questions
How the Deportation Unfolded
The child, born January 4, 2023, in Baton Rouge, Louisiana, held U.S. citizenship at birth. When the mother attended a routine check-in at the ICE office in New Orleans, she was detained. Federal authorities held the family incommunicado for days, refusing or failing to respond to multiple attempts by attorneys and family members to contact them.
The child's father filed an emergency court petition seeking provisional custody with a U.S. citizen relative, but ICE placed the child on a deportation flight before the legal custodial arrangement could be finalized. Both mother and child were removed from the United States within hours of the initial detention, leaving no opportunity for family planning or legal resolution.
The One-Minute Phone Call
ICE allowed the mother and the child's father approximately one minute on the phone while she remained in ICE custody before deportation; the call was abruptly terminated when the father attempted to provide an attorney's phone number. This timing is significant: a mother facing deportation with a U.S. citizen child had only seconds to communicate with family or arrange legal assistance.
Standard detention rules allow detainees one free phone call upon arrival at a facility. However, no ICE directive authorizes terminating a call as an officer attempted to provide legal information or prevents a detained parent from communicating with attorneys before deportation. The abrupt termination prevented the mother from receiving the attorney's contact information that might have triggered emergency legal action.
The Disputed Consent Question
The government's position rested on a letter allegedly written by the mother consenting to her child's deportation. However, advocacy organizations and the child's legal counsel disputed this account, arguing the mother was not permitted access to her own attorney and the consent was obtained under duress while in ICE custody. Federal Judge Doughty expressed concern that ICE provided no meaningful process or opportunity for the mother to arrange custody of a U.S. citizen child, stating: "The Government contends this is all okay because the mother wishes that the child be deported with her. But the court doesn't know that." The judge's order suggests legitimate questions about whether genuine consent was possible under the circumstances.
What This Means for Detained Parents and Citizen Children
This case illustrates the collision between immigration detention procedures and parental rights. When a noncitizen parent is detained and has a U.S. citizen child, the child's status does not automatically protect the child from deportation or guarantee due process for the family's separation. The ACLU later ended a federal lawsuit related to the case, and DHS stated the ACLU's citizenship claims were "false," though the judge's order and emergency custody filing show a legitimate legal question existed. The outcome highlights the gap between a child's citizenship status and practical protections during a parent's immigration enforcement encounter.
What a Detained Parent Should Know
If you or someone you know faces immigration detention: The Women's Refugee Commission and ACLU offer detention rights resources and attorney referral information.
- You have the right to one free phone call upon arrival at the detention facility; request a call immediately
- You can request the phone number of a local immigration attorney or legal aid organization
- Do not sign any documents without consulting an attorney, even if told you must
- If you have a child, inform ICE immediately and state your child's citizenship status
- Family members should contact an immigration attorney right away and seek emergency custody orders if needed
Frequently Asked Questions
Can a U.S. citizen child be deported?
A U.S. citizen cannot be deported by immigration law. However, this case raises the question of whether a very young child was removed from the country while in the custody of a noncitizen parent undergoing deportation. The government and advocacy organizations dispute the facts.
What is "held incommunicado"?
Being held incommunicado means being held without communication. In this case, the family was not permitted contact with outside attorneys or family members for multiple days before deportation.
Can I demand more than one phone call during ICE detention?
Standard ICE procedure provides one free call upon arrival. After that, you may request additional calls, but whether they are granted depends on facility policy and circumstances. You can always request to speak with an attorney.