
New York City, February 13, 2025.
Reuters
A federal judge said Friday that the Trump administration appeared to have deported a 2-year-old U.S. citizen without any meaningful legal process, raising serious constitutional concerns as the child’s father fights to bring her back to the United States.
U.S. District Judge Terry A. Doughty said the toddler, referred to in court documents as "V.M.L.," was deported alongside her mother, Jenny Carolina Lopez Villela.
"It is illegal and unconstitutional to deport, detain for deportation, or recommend deportation of a U.S. citizen," Doughty wrote, scheduling a hearing for May 19 to further investigate what he called a "strong suspicion" of wrongdoing by the government.
According to court filings, V.M.L. was taken into custody by U.S. Immigration and Customs Enforcement (ICE) earlier this week, after Villela appeared for a routine appointment at the agency’s New Orleans office with her two daughters.
Trish Mack, who was asked by the child's father to act as her custodian, said that during a brief phone call, the father could hear the mother and children crying. He reminded Villela during the call that their daughter is an American citizen and "could not be deported."
Despite this, government prosecutors argued that Villela, who holds legal custody, chose to take V.M.L. with her to Honduras and that the girl's father failed to come forward to ICE despite being asked.
"It is therefore in V.M.L.’s best interest that she remain in the lawful custody of her mother," officials said. They also insisted that, as a U.S. citizen, V.M.L. is not barred from reentering the country.
Neither the Department of Homeland Security nor the Justice Department immediately responded to requests for comment.
Civil rights groups sharply criticized the deportation. The American Civil Liberties Union (ACLU) called the case — along with another similar incident, a "shocking abuse of power," pointing out that ICE’s own guidelines require officials to coordinate care for minor children with willing custodians before carrying out deportations.
The incident comes amid a broader controversy over immigration under former President Donald Trump, who earlier this month said he wanted to deport some violent criminals, including U.S. citizens, to El Salvadoran prisons.
His comments triggered alarm among civil rights advocates and constitutional scholars, who stressed that such moves would violate American law.
Meanwhile, the Supreme Court recently ordered the Trump administration to facilitate the return of Kilmar Abrego Garcia, a Maryland resident wrongfully deported to El Salvador in March, despite a court order protecting him.
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