The Honduran Family That Sued Trump Over the Arrests of Minors in Immigration Courts: “Attacking Children is Unacceptable”

A month ago, two children, aged 6 and 9, along with their mother, appeared before a court in California expecting a routine hearing in their asylum case. However, similar to many immigrants in recent weeks, the judge dismissed their case at the government’s request. As the Honduran family exited the courtroom, several immigration agents immediately arrested them. Now, the family has filed a lawsuit against the Trump Administration for their detention on May 29. The lawsuit, according to their lawyers, is the first to “challenge the arrests of minors under a new directive that encourages arrests in courtrooms.”

The motion presented, to which EL PAÍS had access, identifies the petitioners as N.M.Z., a 6-year-old boy diagnosed with leukemia; his sister D.M.Z., aged 9; and their mother, Mrs. Z. The three fled Honduras after receiving death threats and entered the United States in October 2024 with a CBP One appointment, an application created by the Biden Administration to manage legal entry appointments, which was eliminated in January by Trump as one of his first presidential actions. The White House then also revoked residency and work permits granted through the application, ordering all beneficiaries to leave the country.

After entering the U.S., the mother and her two children settled in Los Angeles, where they integrated into the community and began studying English while awaiting their court date in May. “N.M.Z. and D.M.Z. enrolled in a local public school, played with their friends, and enjoyed painting. N.M.Z. played soccer in a local park, and the family attended church every Sunday,” the document explains.

During the family’s hearing, the mother attempted to tell the judge that they wanted to continue with their asylum cases. However, the Department of Homeland Security requested their cases be dismissed, and the judge immediately granted the request. At the conclusion of the hearing, all three were arrested by Immigration and Customs Enforcement (ICE) officers in civilian clothes and were then taken to a detention center in Texas, where they remain.

The lawsuit, consisting of a petition for habeas corpus and a motion for a temporary restraining order, claims that the detention was arbitrary, illegal, and part of a new policy aimed at transforming ordinary removal cases into expedited deportations, executed without a hearing and with limited opportunities for legal defense. “The detention of this family is not only illegal, it is morally unacceptable,” the lawyers assert in the text.

N.M.Z. was diagnosed with leukemia at the age of 3 and missed a medical appointment on June 5 due to being detained. Currently, the boy presents with bruises, bone pain, pallor, and loss of appetite, symptoms that could indicate a relapse. Regarding this matter, the motion points out that the detention center in Dilley, where they are located, has a poor record of healthcare for minors.

Furthermore, the lawsuit raises nine constitutional and legal claims, including the violation of due process for detaining the family without risk of flight or a prior hearing; and the violation of the Fourth Amendment of the Constitution for being arrested without probable cause.

“This court arrest policy is completely new and contradicts established practices and laws. It is extraordinary and, therefore, raises new issues,” stated Daniel Hatoum, supervising attorney for the Texas Civil Right Project (TCRP), the legal organization handling the case, in an interview. “This family is particularly vulnerable, given the children’s ages and the fact that one has received treatment for leukemia. They need immediate help,” he added. According to Hatoum, the lawsuit is still ongoing, even though the attorneys had requested expedited action. “The judge has ordered the government to respond to the lawsuit, and they must do so by next week,” he affirmed.

Additionally, he expressed that TCRP has faith that this case will drive reforms in the immigration system. “We hope it sets a precedent against these courtroom arrests, especially of minors who received permission and parole to enter the country and who meet all the criteria established by the federal government,” he said.

“We need real limits on the detention of civilian immigrants. Immigrant detention is costly and harmful. It’s costly because we all have to foot the bill, which, according to some estimates, is nearly ten times more expensive than allowing families to be free while their immigration cases are processed,” he added. “We should be outraged by the waste of our federal taxes on unnecessary cruelty, which also expels those who support their families—mothers and students, people who come to this country to contribute to its well-being.”

Moreover, Hatoum highlighted that many of these detention centers are known for their terrible living conditions. “People who were held in such centers died during Trump’s first administration. We hope that by winning this case, we can limit the number of people detained for immigration,” the expert concluded.

On another note, attorney Elora Mukherjee, a professor at Columbia Law School and also representing the family, stated that this case exemplifies “the cruelty of the current government’s immigration policies.” “This family complied with all the requirements of U.S. immigration law and now suffers unnecessarily in detention when they should be released,” she remarked. “Hundreds, if not thousands, of law-abiding foreigners have been arrested in immigration courts in recent weeks, even though a federal court ruled that the new ICE courtroom arrest policy is illegal and unconstitutional. Targeting children under this policy is simply unacceptable,” she concluded.