A Guatemalan asylum-seeker identified as Maria Perez was arrested by ICE in Nashville in May while preparing to take her two young children to a doctor's appointment and is now detained nearly 700 miles away in Basile, Louisiana. Perez, who fled domestic violence, had been nursing a 10-month-old and cares for a 2-year-old with Down syndrome; advocates say she has no criminal record. Civil rights groups filed a complaint alleging the arrest violated ICE guidance protecting pregnant, postpartum and nursing people and are seeking her immediate release.
Nursing Guatemalan Asylum-Seeker Arrested in Nashville, Now Detained Nearly 700 Miles From Her Children
ICE policy says officers shouldn't detain or arrest people who are known to be pregnant, postpartum or nursing unless there are exceptional circumstances. (Blake Fagan / AFP via Getty Images)
A Guatemalan asylum-seeker and nursing mother, identified only as Maria Perez for safety reasons, was arrested by U.S. Immigration and Customs Enforcement (ICE) in Nashville in May while preparing to take her two young children to a medical appointment, advocacy groups say. She is now being held almost 700 miles from her family at the South Louisiana ICE Processing Center in Basile, Louisiana.
Background
According to a civil rights complaint filed on Perez's behalf, she fled what she described as "extreme domestic violence" in Guatemala and was pursuing asylum in the United States when ICE agents arrived at her home on May 19. Katie Blankenship, founder and managing attorney of Sanctuary Of The South, said Perez uses a pseudonym out of fear of immigration retaliation.
Children and Circumstances of the Arrest
Perez has a 10-month-old infant she had been nursing at the time of the arrest and a 2-year-old child with Down syndrome. Advocates say Perez has no criminal record. The complaint states Perez was not named in any warrant and was not the target of the enforcement action; agents reportedly came seeking the father of her children, who faces separate federal charges.
"A mother getting her children into car seats to go to a doctor's appointment is just ripped away from her children," said Katie Blankenship, calling the episode "an absolute nightmare."
Legal Complaint and Policy Concerns
The Tennessee Immigrant & Refugee Rights Coalition and Sanctuary Of The South filed a complaint demanding Perez's immediate release with the Department of Homeland Security's Office of the Inspector General and other federal agencies. The filing is supported by the ACLU of Louisiana, the Robert F. Kennedy Human Rights Center and Amnesty International.
Advocates argue Perez's arrest violated an ICE policy directive that advises against detaining or arresting people who are known to be pregnant, postpartum, or nursing except in exceptional circumstances (for example, national security risks or when someone poses a danger). "ICE and DHS continue to show blatant disregard not just for their own policies but for basic humanity," said Spring Miller, senior director of legal strategy at the Tennessee Immigrant & Refugee Rights Coalition.
Aftermath
After Perez's detention, her daughters have been cared for by a neighbor because the family reportedly has no other local support network. Prosecutors or DHS did not provide comment in response to requests, according to the complaint. Perez was transferred days after her arrest to the South Louisiana ICE Processing Center in Basile, a jurisdiction that, advocates say, does not allow bond for people who entered the country unlawfully.
Perez's attorneys have filed requests for humanitarian parole and a federal habeas petition seeking her release. "Why would ICE violate its own rules just to target a nursing mother who has followed all the legal steps of the immigration system?" asked Nora Ahmed, legal director for the ACLU of Louisiana, calling the enforcement action destructive to the family and harmful to the children's well-being.
Note: This account is based on a civil rights complaint and statements from advocacy groups representing the family.
Help us improve.
