ICE Detention Causes Father to Miss Child’s Birth Despite Court Order

A Guatemalan man named Freddy Cortez Lugos missed the birth of his first child due to being held by Immigration and Customs Enforcement (ICE) for several days. This occurred even after a federal court ordered his immediate release. Legal documents and family statements provide details on the incident.

Federal Court Ruling Ignored

On May 1, U.S. Magistrate Judge Karen E. Scott ruled that ICE violated procedural due-process protections. Specifically, the agency re-detained Cortez Lugos—who was in the U.S. on humanitarian parole—during a routine check-in. The judge ordered his release without delay. Despite this, Cortez Lugos remained in custody until the evening of May 4, according to his relatives. During this time, his partner gave birth to their son, Izaan, on May 1.

Legal Tensions

The case underscores ongoing tensions between federal courts and the Trump administration’s immigration policies. Courts scrutinize ICE’s authority to re-detain individuals previously released under parole or supervision. Compliance with court orders and adherence to constitutional due-process protections are at stake. A DHS spokesperson informed Newsweek that Cortez Lugos was arrested on April 14 for allegedly violating ICE check-in requirements.

Unlawful Detention

The court partially granted a habeas corpus petition for Cortez Lugos. The judge concluded that ICE unlawfully re-detained him on April 14 without written notice or an individualized hearing. Cortez Lugos, who has no criminal record, had been living in the U.S. since 2024 under ICE’s Intensive Supervision Appearance Program.

The order noted that he entered through the CBP One program via the southern border. The court rejected a government argument that Cortez Lugos could be held as an “arriving alien” subject to mandatory detention. Even under that classification, due process would require notice and a chance to be heard before custody.

Finding no justification for his re-detention, the court increased focus on the potential for erroneous deprivation of liberty. Judge Scott mandated his immediate release and required ICE to file a compliance report by May 5. The judge also prohibited further detention without written notice and a hearing before a neutral decision-maker.

Complications and Delayed Release

Despite the May 1 ruling, Cortez Lugos was released from the Adelanto Detention Facility in California only on May 4. His partner, who was nearly eight months pregnant at his April arrest, faced labor complications attributed to stress. Her family reports she is now in recovery, and the baby is healthy, weighing 6 pounds, 12 ounces at birth.

Family members described their frustrating efforts to secure Cortez Lugos’ release. At the facility, ICE officers claimed they had not received a release order or assigned an attorney to the case. Kimberly Barajas, the sister of Cortez Lugos’ partner, told Newsweek about their interaction, “I had the court order in my hands, but the officer would not address all my questions.”

According to a DHS spokesperson, Cortez Lugos was released once ICE was notified to do so. Barajas commented on the situation by saying, “Freddy is a hard-working man… His detention was unlawful, and the habeas petition proved it was an error. If released immediately, Freddy could have attended his child’s birth.”