Guatemalan Man Misses Child’s Birth Due to ICE Detention Despite Court Order

An incident involving the Immigration and Customs Enforcement (ICE) highlights significant tension between federal courts and immigration policies. A Guatemalan man, Freddy Cortez Lugos, missed the birth of his first child after being detained by ICE for several days despite a federal court order demanding his immediate release.

On May 1, U.S. Magistrate Judge Karen E. Scott ruled that ICE had breached procedural due process when it re-detained Cortez Lugos during a routine check-in. The judge ordered his prompt release due to ICE’s violation of procedural protections. Despite the ruling, Cortez Lugos remained in custody until the evening of May 4, missing the birth of his son, Izaan, on May 1.

The case underscores ongoing scrutiny of ICE’s authority under the Trump administration’s mass deportation policy. There is concern about whether ICE complies with court orders and respects constitutional due process in its push for immigration enforcement.

Unlawful Detention

Judge Scott partially approved a habeas corpus petition on Cortez Lugos’ behalf, finding ICE unlawfully re-detained him on April 14, without required written notice or an individualized hearing. Cortez Lugos, living in the U.S. on humanitarian parole since 2024, had adhered to the Intensive Supervision Appearance Program with no criminal record.

Cortez Lugos entered the U.S. in 2024 via the CBP One program, now discontinued, which scheduled appointments at U.S. ports of entry. He crossed the southern border under humanitarian parole, granting permission to live and work in the country.

The court dismissed the government’s claim that Cortez Lugos, labeled an “arriving alien,” could be held without a hearing. Due process demands ICE provide notice and a chance for a hearing before detention, even under such classification.

ICE failed to explain the necessity of re-detaining him after two years in the community, risking erroneous deprivation of liberty. Judge Scott ordered ICE to release him immediately and to submit a status report by May 5, verifying compliance. The ruling also prohibited re-detention without written notification and a pre-detention hearing before a neutral party.

Delayed Release

Cortez Lugos was ultimately not released from the Adelanto Detention Facility in California until May 4, according to family members. His partner, pregnant during his arrest in April, experienced labor complications, attributed to stress. The baby, Izaan, later weighed a healthy 6 pounds, 12 ounces at birth.

Family members sought assistance from the facility post-court ruling. ICE officers claimed no receipt of the release order or assigned attorney.

“I went over to talk to the ICE officer, and the officer said he had no court order and no attorney assigned to Freddy’s case, so he couldn’t help me. I had the court order in my hands, and the ICE officer would still not answer all my questions,” stated Kimberly Barajas, the sister of Cortez Lugos’ partner.

A DHS spokesperson remarked, “Cortez-Lugos was ordered released from ICE custody, and he was released as soon as ICE was notified to do so.”

Barajas further noted, “Freddy is a hard-working man … his detention was unlawful, and it was proven by the habeas petition that Freddy was detained by error. If the facility had released him the day the court ruled and the judge signed the order, Freddy could have been out and made it to his child’s birth.”