Postpartum Honduran mother detained by ICE for months wins habeas release order
Jun 5, 2026·Location: Laredo, TX
Country of origin: Honduras
A Honduran woman who had lived in the United States for nearly three years gave birth to her U.S. citizen daughter in Brownsville, Texas in February 2026. Shortly after giving birth, she sought emergency shelter due to abuse by her partner, but was arrested on a misdemeanor charge in March 2026 (later dismissed) and separated from her five-week-old breastfeeding daughter, who was last seen with the abusive partner. She was taken into ICE custody at the Laredo Processing Center and remained detained during her ongoing removal proceedings. Her counsel submitted a humanitarian parole request in August 2026 citing her postpartum and nursing status, requesting electronic monitoring as a release condition, but received no substantive response from ICE. She filed a habeas corpus petition arguing her detention violated the Accardi Doctrine and Fifth Amendment because ICE failed to follow its own directive on detaining pregnant, postpartum, or nursing individuals. The court found she qualified as postpartum and nursing, that ICE had failed to conduct required weekly custody reevaluations, and that she was prejudiced by being unable to arrange care for her infant or continue breastfeeding, ultimately ordering her immediate release under reasonable conditions.
Sources
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