Judge: Deported 2-Year-Old May Not Have Received ‘Meaningful’ Legal Process

A federal judge appointed by Donald Trump has expressed serious concerns over the deportation of a U.S. citizen, a two-year-old girl known in court documents as VML. The child, born in Louisiana, was deported along with her Honduran mother and sister after the mother reportedly requested the child be included in the deportation process. This incident raises significant questions about the adequacy of the legal protections afforded to U.S. citizens in the context of immigration enforcement, especially given the complexities of family deportations.

The issues surrounding immigration enforcement have intensified since President Trump’s inauguration in January 2017, with immigration being a central theme of his administration. The Alien Enemies Act of 1798 has been a key legal tool for the Trump administration, granting the president powers to detain or deport noncitizens without substantial checks. While initial attempts to implement this act faced legal challenges, the Supreme Court’s eventual upholding underscored the importance of ensuring that immigrants have the right to contest deportation efforts in court.

Judge Terry Doughty raised questions about the veracity of the report that VML’s mother had indeed requested her deportation. Court records indicate that VML and her family were detained during a routine check-in for the mother’s Intensive Supervision Appearance Program with ICE. VML, identified in legal documents as an American citizen born in Baton Rouge on January 4, 2021, was suddenly scheduled for deportation, raising alarms over the potential that a U.S. citizen had been removed from her home country without appropriate legal procedures.

Communication between Judge Doughty and government lawyers revealed that VML and her family were already en route to Honduras when the judge sought clarification on custodial rights and consent. The government’s inability to ascertain the child’s legal status prior to deportation added to the judge’s concerns. Doughty highlighted the need for a systematic approach to ensure U.S. citizens, especially minors, are not subjected to abrupt deportation processes devoid of meaningful legal representation.

The deportation of VML has been likened to other high-profile immigration cases, such as that of Kilmar Abrego Garcia, who was erroneously deported due to an administrative oversight despite a pending immigration case regarding fears of gang retaliation. These cases reflect deeper systemic issues within the immigration enforcement apparatus, particularly regarding the potential for unjust removals and the misapplication of legal standards governing deportation.

To address the gravity of the situation, Judge Doughty scheduled a follow-up hearing for VML’s case in May 2023. This hearing aims to further examine the circumstances of her deportation and emphasize the necessity of safeguarding the rights of U.S. citizens, particularly those who may be inadvertently swept up in immigration enforcement actions. The outcome of this case could set important precedents regarding the legal treatment of U.S. citizens in deportation proceedings and the responsibilities of immigration authorities in confirming citizenship prior to action.