A migrant mother and her two children have filed what may be the first legal challenge involving children against the U.S. government’s controversial practice of arresting immigrants outside courthouses. The lawsuit, filed in Texas, argues their arrests violated constitutional protections, particularly their Fourth Amendment right against unreasonable seizure and their Fifth Amendment right to due process.
The family, who fled Honduras due to death threats, entered the United States legally in October 2024 using the CBP One app — a tool introduced during the Biden administration to manage asylum entries. They were granted parole by the Department of Homeland Security (DHS), which deemed them no threat to public safety, and were instructed to appear at an immigration court in Los Angeles on May 29.
But after a judge swiftly dismissed their asylum case at that hearing, U.S. Immigration and Customs Enforcement (ICE) officers reportedly arrested them outside the courtroom. The family, including a 6-year-old boy recovering from leukemia, were held for hours with minimal food and care before being transferred to the Dilley Immigration Processing Center in Texas, where they remain in detention.
The mother, referred to as “Ms. Z,” is now suing on behalf of herself and her children. Their identities remain confidential due to safety concerns. Her son, who previously underwent chemotherapy, has reportedly shown troubling symptoms — bruising, bone pain, and fatigue — and missed a critical medical appointment due to their detention.
“He’s easily bruising. He has bone pain. He looks pale,” said Columbia Law professor Elora Mukherjee, one of the attorneys representing the family. “His mom is terrified these are signs his leukemia is getting worse.”
The case stands out not just for involving children, but also for targeting the ICE courthouse arrest policy under the Trump administration’s revived mass deportation strategy. Since May, ICE has been arresting asylum seekers outside court hearings after their cases are dismissed, placing them on a fast-track deportation process called expedited removal.
The Department of Homeland Security has not yet commented on the lawsuit, which must be responded to by July 1. However, similar court challenges are gaining ground. Earlier this month, a New York judge ruled that federal agents could not conduct civil arrests at state courthouses.
During their arrest, the young boy was reportedly traumatized when an officer revealed a gun near him, leading him to urinate on himself. He was left in wet clothing overnight.
Kate Gibson Kumar from the Texas Civil Rights Project, also representing the family, questioned the morality and legality of arresting families who have complied with all immigration procedures. “The essential question in our case is, when you have these families who are doing everything right, especially with young children, should there be some protection there?” she asked. “We say yes.”
What makes this migrant family’s lawsuit significant?
It is believed to be the first legal case involving children that challenges the U.S. government’s practice of courthouse arrests during immigration hearings, citing constitutional violations and medical neglect, especially affecting a seriously ill child.