Guatemalan woman faces deportation after giving birth, Trump administration says no rights were denied

A Guatemalan woman was taken into ICE custody soon after she gave birth at an Arizona hospital, where she was taken by CBP agents. Erika, as identified by her attorneys, was wandering in the Arizona desert alone for two days before ICE agents spotted her and took her into custody. She had crossed into the US from Mexico, CNN reported, citing a CBP spokesperson.

Erika then gave birth at Tucson Medical Center on Wednesday night, two days after she was taken into custody, with federal agents posted outside of her hospital room.

Erika's attorney said he was not allowed to speak with Erika for days and was not denied access to the hospital. “There was no regard for due process,” Campos said.

Campos said his client is seeking asylum in the US due to her fear of returning to violence in Guatemala.

No rights were denied, child remains with the mother

While Erika's attorney said that she was subjected to inhumane action, the homeland security department said border agents actually rescued the eight-month pregnant Erika who illegally crossed the border. "She was taken to a hospital for care and remained under supervision until discharge. Once a Notice to Appear was issued, she was given the opportunity to contact an attorney. CBP followed all laws and procedures. No rights were denied. Custody has since been transferred to ICE, and she now awaits a court date. The child remains with the mother," Homeland Security said.

Erika was released from ICE custody as she faces deportation proceedings. Immigration officials said it was Erika's choice whether she could take her newborn with her to Guatemela. “Parents are asked if they want to be removed with their children or CBP will place the children with someone the parent designates. 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,” a CBP spokesperson told CNN.