DHS Detains Toddler and Father, Defies Court Order: A Lawyer’s Perspective
In a shocking turn of events, a two-year-old girl and her father were detained by federal immigration agents in Minneapolis on Thursday and transported to Texas, despite a subsequent court order mandating the child’s release. The case has sparked outrage and raised serious questions about the Department of Homeland Security’s (DHS) practices.
The Arrest and Initial Detention
According to court filings and accounts from the family’s lawyers, Elvis Joel TE and his daughter were stopped and detained while returning home from a store. Agents reportedly entered their property without a warrant, and one agent allegedly broke a car window while the child was inside. The mother was present and attempted to intervene, but agents prevented the father from handing his daughter to her.
The father, originally from Ecuador, has a pending asylum application and no final order of removal. His daughter has lived in Minneapolis since birth. The DHS claims the father was driving erratically with a child and refused to cooperate with agents. However, the family’s lawyers vehemently dispute these claims.
A Judge’s Order Ignored
After the detention, lawyers filed an emergency petition demanding the immediate release of the father and daughter. A federal judge swiftly issued an order around 8:10 PM prohibiting their transfer outside of Minnesota and subsequently ordered the girl’s immediate release into the custody of her attorney, Kira Kelley. The judge cited the “risk of irreparable harm” to the child, stating the petition was likely to succeed.
However, shockingly, the government proceeded to place both the father and daughter on a flight to a detention center in Texas around 8:30 PM, directly defying the judge’s order. This blatant disregard for the legal process has drawn sharp criticism from legal experts and advocates.
Reunification and Ongoing Legal Battle
Late Friday afternoon, Irina Vaynerman, one of the family’s lawyers, reported that immigration officials had flown both the father and daughter back to Minnesota and released the two-year-old into her mother’s custody. However, the father remains detained.
“The horror is truly unimaginable,” Vaynerman stated. “The depravity of all of this is beyond words.” She further criticized DHS’s practice of quickly transferring detainees out of state, hindering their access to legal counsel and complicating their cases.
DHS Response and Controversy
In a statement, DHS defended its actions, claiming agents were conducting a “targeted enforcement operation” and that the father had unlawfully reentered the US. They also alleged the mother initially “refused” to take her daughter, a claim refuted by the family’s lawyers. DHS also acknowledged a crowd gathered during the arrest, leading to the deployment of “crowd control measures,” reportedly including chemical irritants and flash-bang devices.
The Broader Implications
This case follows the recent detention of five-year-old Liam Ramos in Minnesota, which also sparked international backlash. The family’s lawyers are now urging the court to issue a broader order preventing the government from transferring detainees outside of Minnesota for at least seven days after they are given the opportunity to contact legal counsel. They also seek to bar out-of-state transfers for individuals with pending habeas petitions.
“There has to be an end to this type of cruelty,” Vaynerman concluded. This incident underscores the urgent need for greater accountability and transparency in immigration enforcement practices, particularly concerning the treatment of vulnerable families.
Further Reading:
- U.S. Immigration and Customs Enforcement (ICE) – Official website.
- Department of Homeland Security (DHS) – Official website.
- American Civil Liberties Union (ACLU) – Advocacy organization focused on civil rights and liberties.
