Freddy Cortez Lugos, a Guatemalan man living in the United States on humanitarian parole, missed the birth of his first child after being held for several days by Immigration and Customs Enforcement (ICE). This occurred despite a federal court order demanding his immediate release, according to legal documents and statements from his family.
Court Order and ICE’s Non-Compliance
On May 1, U.S. Magistrate Judge Karen E. Scott from the U.S. District Court for the Central District of California ruled that ICE had violated due process by re-detaining Cortez Lugos during a routine check-in. The judge ordered his release without delay. However, Cortez Lugos remained in custody until the evening of May 4. During this time, his partner went into labor and delivered their son, Izaan, on May 1.
Controversy Over Immigration Enforcement
The case illustrates the tensions between federal courts and the Trump administration’s deportation policy. Judges are examining ICE’s authority to re-detain individuals previously released under parole or supervision. The issue is whether ICE complies with court orders and if constitutional due process protections are truly effective. A spokesperson from the Department of Homeland Security (DHS) informed Newsweek that Cortez Lugos was arrested on April 14 for allegedly violating ICE check-in requirements.
Unlawful Detention
Judge Scott partially granted a habeas corpus petition submitted on behalf of Cortez Lugos. She found that ICE unlawfully re-detained him without providing the required written notice or an individualized hearing. Cortez Lugos, who had no criminal history, had been participating in ICE’s Intensive Supervision Appearance Program and had adhered to its reporting requirements. He entered the U.S. in 2024 using the CBP One program, now discontinued, which allowed migrants to schedule entry appointments at U.S. ports.
The court rejected the government’s argument that Cortez Lugos could be held without a hearing as an ‘arriving alien’ subject to mandatory detention. The judge noted that due process still necessitated notice and an opportunity for a hearing before detention could occur. The court observed that ICE failed to justify the re-detention after nearly two years in the community, increasing the risk of an erroneous deprivation of liberty.
Delayed Release and its Impact
Despite the court’s ruling, Cortez Lugos remained in custody until May 4. His family, who visited the Adelanto Detention Facility, was informed by ICE officers that no release order or assigned attorney was recognized in his case. Kimberly Barajas, his partner’s sister, recounted to Newsweek that even with the court order in hand, she received no assistance from ICE officers.
A DHS spokesperson later stated that Cortez Lugos was released as soon as ICE was notified. Barajas emphasized that his detention was unlawful, as confirmed by the habeas petition. She noted that if ICE had released him on the day the order was signed, Cortez Lugos could have been present for his child’s birth. Fortunately, his partner, who experienced labor complications attributed to stress, is now recovering. Their baby was born healthy, weighing 6 pounds, 12 ounces.