ICE Detention Results in Missed Childbirth Amid Legal Dispute

Missed Birth Due to Detainment

A Guatemalan man missed the birth of his first child after Immigration and Customs Enforcement (ICE) detained him for days, despite a federal court order for immediate release. Legal filings and family accounts revealed that a U.S. judge had mandated the quick release of Freddy Cortez Lugos, detained during a routine check-in despite being in the U.S. on humanitarian parole. On May 1, U.S. Magistrate Judge Karen E. Scott declared that ICE had violated procedural due process by re-detaining him, ordering his release without delay.

Despite the order, Cortez Lugos was freed only on the evening of May 4, thus missing the birth of his son, Izaan, who was born on May 1, as his partner went into labor amid his detention. His relatives noted the emotional impact of this delay.

Tensions with ICE Policies

This scenario illustrates ongoing tensions between federal courts and the Trump administration’s deportation policies. Judges are increasingly scrutinizing ICE’s authority to re-detain individuals previously released under parole or supervision. The issue highlights not only compliance with court orders but also questions about the effectiveness of constitutional due process during heightened immigration enforcement.

The Department of Homeland Security (DHS) stated that Cortez Lugos was detained after allegedly breaching 12 ICE check-in requirements, however, this claim lacked legal proceedings.

Unlawful Detention Claims

Judge Scott partially approved a habeas corpus petition for Cortez Lugos, ruling that ICE unlawfully detained him without notice or a hearing, as required by due process laws. Cortez Lugos had been living in the U.S. since 2024 on humanitarian parole, adhering to an Intensive Supervision Appearance Program and holding no criminal record, per the court documents.

The court rejected ICE’s stance that his status as an “arriving alien” justified mandatory detention without a hearing. The judge determined that due process requires notification and the chance for a hearing before detention occurs. ICE failed to explain any change in circumstances justifying his detention after nearly two years within the community.

Consequently, Judge Scott ordered immediate release and barred future detainments without notice and a hearing, requiring ICE to confirm compliance by May 5.

Lack of Immediate Release

Despite the judgment, Cortez Lugos remained in the Adelanto Detention Facility until May 4. Family members reported visiting the facility and encountering claims from ICE officers about a lack of a release order or legal representation for Cortez Lugos.

“I went over to talk to the ICE officer, and the officer said he had no court order and no attorney assigned to Freddy’s case so he couldn’t help me. I had the court order in my hands, but the ICE officer refused to answer my questions,” said Kimberly Barajas, the sister of Cortez Lugos’ partner, to Newsweek.

A DHS representative stated that Cortez Lugos was released promptly upon receiving notification. However, Barajas emphasized that if the facility complied with the judge’s order sooner, Cortez Lugos could have attended his child’s birth.