The DOJ says the child is in the lawful custody of the mother but the judge cites ’strong suspicion‘ the deportation was done without ’meaningful process.’
A federal judge raised concerns on Friday that a 2-year-old U.S. citizen may have been deported alongside her illegal immigrant mother without receiving any meaningful legal review.
The petitioners have accused ICE of using misleading assurances to delay emergency filings and describe the agency’s actions as an effort to “secretly disappear” a U.S. citizen child without judicial oversight.
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Federal officials further argued that the child’s father and designated custodian failed to personally appear before ICE with valid identification documents to establish custody, making it impossible to release V.M.L. to them. They also contended that V.M.L., as a U.S. citizen, would retain the right to return to the United States at any time, mitigating claims of irreparable harm.
“Indeed, taking V.M.L. away from her mother and placing her in the custody of unidentified individuals would pose a greater risk of harm,” DOJ attorneys wrote in the filing. “It is therefore in the best interest of V.M.L. that she remain in the lawful custody of her mother.”
Attorneys for the petitioners argued that the mother’s note was not a formal waiver of the child’s independent constitutional rights, and they accused ICE of improperly preventing any real discussion between the mother and legal representatives regarding the best interests of the child.
“Respondents’ filing states that VML’s mother has made known that she does not want VML released from custody. That is emphatically NOT what the note says. The note states factually that V.M.L.’s mother ‘is bringing’ V.M.L. with her. This is not a statement of intent, hope, desire, or assessment of what is best for V.M.L.’” the attorneys wrote.
Doughty has not ruled on the merits of the case but made clear in his order that the court requires a full hearing to evaluate whether the child’s removal complied with constitutional and statutory protections, stating that a hearing is “in the interest of dispelling our strong suspicion that the Government just deported a U.S. citizen with no meaningful process.”
The Department of Homeland Security (DHS) and ICE have not yet publicly commented on the case beyond court filings. The Epoch Times has reached out to DHS and the Justice Department with requests for comment.
The dispute over V.M.L.’s removal comes as the Trump administration faces legal challenges over its intensified immigration enforcement efforts.
