2-Year-Old U.S. Citizen Deported to Honduras Amid Judicial Concerns Over Due Process

A two-year-old U.S. citizen was deported alongside her mother to Honduras without any meaningful judicial review, according to a report by Phil Helsel and Joe Kottke of NBC News. A federal judge in Louisiana raised serious concerns Friday, noting that the Department of Homeland Security (DHS) proceeded with the removal even as the court attempted to intervene. The child, identified in court documents as VML, was born in Baton Rouge, Louisiana, on January 4, 2023, and holds U.S. citizenship.

The incident unfolded rapidly. The mother and her two daughters were apprehended by Immigration and Customs Enforcement (ICE) officers in New Orleans during a scheduled check-in at an Intensive Supervision Appearance Program (ISAP) office on Tuesday. The mother, originally from Honduras, had been released from ICE custody in 2021 under the same supervision program. Following her detention, attorneys representing VML’s father—a U.S. resident—petitioned for custody, proposing placement with a custodian willing and able to care for the child within the United States.

However, by the time U.S. District Judge Terry Doughty sought to arrange a court-supervised discussion with the mother, DHS attorneys informed the court that the plane had already departed. Within an hour, the court was advised that the mother and child were already on Honduran soil. “The Government contends that this is all okay because the mother wishes that the child be deported with her,” Doughty wrote. “But the Court doesn’t know that,” he added, ordering a hearing for May 16 to investigate the situation further.

The DHS maintained that the deportation was lawful, citing a handwritten letter from the mother, dated the night before removal, indicating her wish to bring her daughter with her to Honduras. “It is common that parents want to be removed with their children,” DHS spokesperson Tricia McLaughlin stated, emphasizing parental discretion in such cases.

Critics, including the National Immigration Project of the National Lawyers Guild, argue that the child’s constitutional rights as a U.S. citizen were violated. They contend that removal without proper judicial inquiry circumvents established protections, regardless of parental intent. The constitutionality of a citizen child’s forced departure, even with parental consent under duress, remains a fiercely debated legal issue.

Adding to the controversy, VML’s older sister, who is 11 years old and a Honduran citizen, was also deported with the family. The situation raises broader questions about DHS protocols, particularly concerning the custody and rights of minor citizens during family deportation proceedings.

Judge Doughty, appointed by President Donald Trump in 2017 and currently serving as Chief Judge for the Western District of Louisiana, underscored the importance of due process protections. His May 16 hearing will specifically address whether the government’s actions deprived a U.S. citizen of her legal rights and whether remedies may be appropriate.

The deportation of citizen children alongside non-citizen parents has historically been a contentious area of U.S. immigration policy. While federal agencies often prioritize family unity, courts have consistently held that U.S. citizenship carries independent legal protections that cannot be casually disregarded.