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Guatemalan Migrant Who Gave Birth in U.S. Custody Moves to Regular Deportation Proceedings

The 25-year-old Indigenous woman and her newborn daughter, both in good health, are now under ICE supervision with a court date set for immigration proceedings.

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A U.S. Customs and Border Protection seal patch is seen at Miami International Airport in Miami, Florida, U.S. February 7, 2025. REUTERS/Marco Bello/File Photo
Tucson Medical Center in Tucson, Arizona.

Overview

  • Erika M., a 25-year-old Indigenous Guatemalan from Huehuetenango, gave birth to a U.S. citizen daughter while in Border Patrol custody at Tucson Medical Center on April 30.
  • After public and legal advocacy, Erika M. was issued a Notice to Appear, shifting her from expedited removal to standard deportation proceedings, allowing her to seek asylum.
  • The mother and baby were discharged from the hospital on May 2 and transferred to ICE Enforcement and Removal Operations, where they remain together in good health.
  • Her attorney, Luis Campos, was initially denied access to meet her at the hospital due to procedural requirements but has since established communication.
  • The case highlights broader issues of migration pressures on Indigenous Guatemalans fleeing violence and poverty, as well as challenges in balancing immigration enforcement with humanitarian concerns.