Toddler returned to ICE custody and denied medication, lawsuit says
- - Toddler returned to ICE custody and denied medication, lawsuit says
Jack Queen, ReutersFebruary 9, 2026 at 6:15 AM
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An 18-month-old girl detained for weeks by immigration authorities was returned to custody and denied medication after she was hospitalized with a life-threatening respiratory illness, according to a lawsuit filed in Texas federal court.
The child, identified in the lawsuit as "Amalia," was released by immigration authorities under President Donald Trump's administration after her parents sued on Friday, Feb. 6. The parents, who also had been detained, were released as well. The suit had sought the release of all three of them.
The family was detained during a check-in with immigration authorities on Dec. 11 and held at a facility in Dilley, Texas, according to the lawsuit. Amalia was hospitalized from Jan. 18 to 28, and returned to the Dilley facility in the midst of a measles outbreak, the lawsuit said.
protesting against Trump's surge of immigration enforcement actions.Pictured here, Demonstrators gather for a protest calling for the removal of United States Immigration and Customs Enforcement on Jan. 30, 2026 in the Chinatown neighborhood of Washington, D.C. Protests were held across the United States in response to ICE enforcement activity.
" style=padding-bottom:56%>After the fatal shootings of Alex Pretti and Renee Nicole Good by federal immigration agents (ICE), communities across the U.S. are protesting against Trump's surge of immigration enforcement actions.Pictured here, Demonstrators gather for a protest calling for the removal of United States Immigration and Customs Enforcement on Jan. 30, 2026 in the Chinatown neighborhood of Washington, D.C. Protests were held across the United States in response to ICE enforcement activity.
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After the fatal shootings of Alex Pretti and Renee Nicole Good by federal immigration agents (ICE), communities across the U.S. are protesting against Trump's surge of immigration enforcement actions.Pictured here, Demonstrators gather for a protest calling for the removal of United States Immigration and Customs Enforcement on Jan. 30, 2026 in the Chinatown neighborhood of Washington, D.C. Protests were held across the United States in response to ICE enforcement activity.
">After the fatal shootings of Alex Pretti and Renee Nicole Good by federal immigration agents (ICE), communities across the U.S. are protesting against Trump's surge of immigration enforcement actions.Pictured here, Demonstrators gather for a protest calling for the removal of United States Immigration and Customs Enforcement on Jan. 30, 2026 in the Chinatown neighborhood of Washington, D.C. Protests were held across the United States in response to ICE enforcement activity.
" src=https://s.yimg.com/ny/api/res/1.2/75Pye_b2ALqj85cOa484KQ--/YXBwaWQ9aGlnaGxhbmRlcjt3PTEyNDI7aD04Mjg-/https://media.zenfs.com/en/usa_today_slideshows_242/3c76aabe582dbbed67880e4a96de38cf class=caas-img>Hundreds of people gather to protest ICE at the corner of Palafox and Garden Streets in downtown Pensacola, Florida, on Jan. 30, 2026.
" data-src=https://s.yimg.com/ny/api/res/1.2/P5LIg74OSjRl2O0uY.pt5w--/YXBwaWQ9aGlnaGxhbmRlcjt3PTEyNDI7aD03ODM-/https://media.zenfs.com/en/usa_today_slideshows_242/ebf2ffa816bf5365bf49209b72623e35 class=caas-img data-headline="‘ICE Out’ protests spark marches, confrontations across US" data-caption="
Hundreds of people gather to protest ICE at the corner of Palafox and Garden Streets in downtown Pensacola, Florida, on Jan. 30, 2026.
">Hundreds of people gather to protest ICE at the corner of Palafox and Garden Streets in downtown Pensacola, Florida, on Jan. 30, 2026.
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1 / 16‘ICE Out’ protests spark marches, confrontations across US
After the fatal shootings of Alex Pretti and Renee Nicole Good by federal immigration agents (ICE), communities across the U.S. are protesting against Trump's surge of immigration enforcement actions.Pictured here, Demonstrators gather for a protest calling for the removal of United States Immigration and Customs Enforcement on Jan. 30, 2026 in the Chinatown neighborhood of Washington, D.C. Protests were held across the United States in response to ICE enforcement activity.
"Baby Amalia should never have been detained. She nearly died at Dilley," said Elora Mukherjee, an attorney for the family.
Mukherjee said hundreds of children and families detained at Dilley lack sufficient drinking water, healthy food, educational opportunities or proper medical care, and should be released.
The Department of Homeland Security did not immediately respond to Reuters' request for comment on Saturday, Feb. 7. USA TODAY has reached out to the DHS for comment.
NBC News first reported on the lawsuit.
Sick children, no doctors: Life for immigrant families in detention
Lawsuit says child was hospitalized with respiratory issues
Amalia's parents, originally from Venezuela, have lived in the United States since 2024 with their daughter, who is a Mexican citizen, according to the lawsuit. The lawsuit says all three intend to file asylum applications in the United States.
Amalia developed a fever on Jan. 1 that reached 104 degrees, started vomiting frequently and struggled to breathe, the lawsuit states.
She was taken to the hospital on Jan. 18 with extremely low oxygen saturation levels and diagnosed with COVID-19, respiratory syncytial virus, viral bronchitis and pneumonia, according to the lawsuit. She was placed on supplemental oxygen.
Amalia was given a nebulizer and a respiratory medication upon her discharge from the hospital, but these were taken away by detention center staff upon her return, the lawsuit states. The girl has lost 10% of her body weight and was given nutritional drinks to help her regain it, but these were also confiscated by authorities, according to the lawsuit.
ICE says it provides 'proper meals.' Detainees see crystalized jelly, rancid beans and iced bologna
Trump administration faces scrutiny over immigration tactics
Trump's administration has been accused of heavy-handed and inhumane tactics as well as violating court orders while carrying out his mass deportation program.
A federal judge in Michigan criticized the administration in a Jan. 31 ruling ordering the release of a 5-year-old boy − seen in a viral photo wearing a blue bunny hat outside his house as federal agents stood nearby − who was detained by immigration agents in Minnesota. The administration is now seeking to deport the boy.
(Reporting by Jack Queen in New York; Editing by Sergio Non and Will Dunham)
This article originally appeared on USA TODAY: Toddler returned to ICE custody and denied medication, lawsuit says
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