In a stunning development Friday evening, a federal judge slammed the Department of Justice for deporting a 2-year-old American citizen—referred to as “VML” in court documents—alongside her illegal alien mother, with what he described as “no meaningful process.”
U.S. District Judge Terry Doughty, a Trump appointee based in Louisiana, issued a strongly worded order questioning the circumstances of the deportation. While Biden-era DOJ lawyers defended the action by claiming the child was transported as part of a family unit at the mother’s request, Judge Doughty wasn’t convinced.
“The Government contends that this is all okay because the mother wishes that the child be deported with her,” Doughty wrote, according to NBC News. “But the Court doesn’t know that.”
Ironically, the government’s justification rested on a Spanish-language letter authored by the mother, stating her desire to take both of her daughters, including the American citizen, back to Honduras. Despite this, the judge noted there was no evidence that the child herself—or anyone on her behalf—had been given any kind of due process, as required by law for U.S. citizens.
Deportation While in Midair
Shockingly, during emergency efforts to contact the deported family, the plane carrying the mother and her two children had already taken off. Court records show that a government lawyer was summoned by the court at 12:19 p.m. to discuss the situation but was informed by 1:06 p.m. that the mother and daughters had landed in Honduras.
This move prompted Judge Doughty to call a hearing for May 16 to determine whether the federal government unlawfully deported a U.S. citizen. “In the interest of dispelling our strong suspicion that the Government just deported a U.S. citizen with no meaningful process,” Doughty stated.
Background of the Case
The mother, an illegal alien, had been released from ICE custody in 2021 under the “Intensive Supervision Appearance Program,” a Biden administration alternative to detention. She was arrested again earlier this week during a scheduled ICE check-in appointment in New Orleans, along with her children.
Attorneys representing the family argue that the child’s citizenship status shielded her from deportation and that additional legal protections should have been afforded to her.
However, the Trump Administration’s defense is simple: the child was not deported per se—her transportation was paid for by the U.S. government at her legal guardian’s request. As an American citizen, VML retains the right to return to the United States at any time.
A Broader Legal and Political Debate
The case raises deeper questions about the enforcement of immigration law, family reunification, and the rights of U.S. citizen minors born to illegal immigrants. Critics of current immigration policy point out the inherent contradictions: either separate children from their families or risk citizens being swept up in deportations.
Supporters of the administration note that Article IV, Section 4 of the U.S. Constitution guarantees protection against invasion and emphasizes national sovereignty—a principle that had been neglected under the Biden administration but is now being enforced.
As the May 16 court date approaches, the outcome of this case could have far-reaching implications on how U.S. citizen children are handled in deportation actions moving forward.
