Washington, DC. – 10-year old Rosa Maria Hernandez was arrested and detained in Texas last week after being rushed to the hospital to seek medical treatment. Rosa Maria’s doctors have instructed that she be released to the custody of a family member, but U.S. Immigrations and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB) have rejected multiple attempts to have her released.

As the Newsweek piece, “Does 10-year-old Rosa with cerebral palsy have to be deported? Of course not” points out:

“In fact, the immigration laws of the United States—as interpreted by the Trump administration—show quite clearly that the government should never have done any of this. The CBP spokesman's claim that agents “don’t have the discretion” to avoid removal in a case like this is a flat-out lie. Not only do they have the discretion, but the Trump administration guidelines actively empower agents to use that discretion on a case-by-case basis. If ever there were a case where such discretion should be exercised, this is it. If Rosa Maria Hernandez does not warrant the discretion of CBP to be spared from deportation and reunited with her parents, then it truly has become hunting season on every unauthorized migrant in the country.”

Michelle Brané, Director of the Migrant Rights and Justice program at the Women's Refugee Commission made the following statement:

“Rosa Maria should never have been placed into deportation proceedings and should never have been taken into custody. The Trump administration argues that for public safety reasons every undocumented individual is an enforcement priority. But a 10-year old disabled child undergoing a medical emergency poses no threat to America’s safety and security. The fact that CBP felt the need to expend time and resources on following Rosa’s ambulance to the hospital and remaining there while she underwent treatment, highlights what we already know to be true–the Trump administration is not focusing on people who actually post a security threat, but rather on women and children who are the most vulnerable and the easiest to apprehend. If this administration is serious about protecting public safety, it must affirm the principle of discretion and stop wasting taxpayer money arresting, detaining and deporting the most vulnerable among us.”