A federal lawsuit filed last month challenging the detention of a two-year-old child alleged to be a U.S. citizen by immigration authorities has been dropped.
The lawsuit, filed on April 24, 2025, sought the release of the child, identified as V.M.L., who was apprehended with her mother and sister during a routine check-in with the Intensive Supervision Appearance Program (ISAP).
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The Department of Homeland Security (DHS) announced Friday that the lawsuit, which they described as “baseless lawfare against Immigration and Customs Enforcement (ICE) and the Department,” had been dropped.
“This ACLU-backed lawsuit was based on the false claims that DHS deported a U.S. citizen,” said Assistant Secretary Tricia McLaughlin in the DHS statement. “The truth is, and has always been, that the mother—who was in the country illegally—chose to bring her 2-year-old with her to Honduras when she was removed. The narrative that DHS is deporting American children is false and irresponsible.”
According to the DHS statement, the child’s mother, Jenny Carolina Lopez-Villela, made the decision to take her child to Honduras. DHS stated that ICE asks parents if they want to be removed with their children or if they would like to place a child with someone the parent designates. In this case, the parent reportedly stated they wanted to be removed with their child.
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DHS provided details on Lopez-Villela’s immigration history, stating she illegally entered the U.S. three times between 2019 and 2021. She and her older daughter were deemed inadmissible upon her first entry and received final orders of removal in March 2020. When she was taken into ICE custody in April 2025, she chose to bring her younger daughter, an American citizen, with her to Honduras and presented a valid United States passport for the child, according to DHS.
“DHS takes its responsibility to protect children seriously and will continue to work with federal law enforcement to ensure that children are safe and protected,” the statement continued, adding that parents in the country illegally “can take control of their departure” and mentioned the CBP One app as an option for self-deportation.
The original lawsuit, filed by Trish Mack as next friend and custodian, had alleged V.M.L., a U.S. citizen born in Louisiana, was being unlawfully detained by ICE and sought her immediate release via a writ of habeas corpus.
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