A new mother from Guatemala, who was detained by ÃÛèÖÖ±²¥ sector border agents just days before giving birth at ÃÛèÖÖ±²¥ Medical Center, has been released from federal custody with her baby girl after a public outcry over her impending rapid deportation, her attorney said Saturday.
The woman is still subject to removal proceedings, but no longer faces an immediate deportation, after federal immigration officials reversed course on Friday. That day, U.S. Customs and Border Protection released a statement saying the woman, who gave birth Wednesday, would instead receive a notice to appear in immigration court and would have access to an attorney.
CBP had initially told the ÃÛèÖÖ±²¥ the woman was facing “expedited removal,†a quick deportation process without a hearing before an immigration judge. She would be given the choice to take her U.S. citizen newborn with her, or leave her baby in the U.S., when she was deported, a CBP spokesman told the Star Thursday, while the woman was still in the hospital.
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She was discharged from the hospital Friday, and advocates feared she’d face an imminent deportation at that point.
The woman — whom the Star is identifying only by her first name, Erika, due to her vulnerability to deportation — was released from Immigration and Customs Enforcement custody midday Saturday, said her attorney, Luis Campos. Initially, DHS agents posted outside Erika’s TMC hospital room had denied Campos access to speak with her, even though she had requested to speak with an attorney.
The new mother and her baby girl are in good health and spirits, Campos said Saturday afternoon after speaking with her by phone. He credits her release to the widespread public attention to the case.
“I would love to be able to say they (DHS) made the right choice based on humanitarian grounds, but it’s equally evident to me that they made this choice because they were forced to make this choice, based on public pressure,†Campos said.
Democratic Gov. Katie Hobbs’ office also reached out to federal and local officials on Friday to learn more about the woman’s situation, a spokesperson said.
“While Governor Hobbs supports securing the border, she has been clear in her opposition to inhumane immigration enforcement practices,†spokeswoman Liliana Soto said.
Pima County Attorney Laura Conover said in a Saturday statement that the new mother had been released to a non-governmental organization in Phoenix.
“This is exactly the kind of circumstance that humanitarian exceptions to the law are meant for,†she said. “I thank the staff at TMC and the community for showing once again the compassion ÃÛèÖÖ±²¥ is known for.â€
A Border Patrol vehicle.
Contact reporter Emily Bregel at ebregel@tucson.com. On X, formerly Twitter: @EmilyBregel
Emily Bregel
Border reporter
