ACLU drops lawsuit alleging deportation of US citizen daughter of illegal immigrant

 May 12, 2025

The American Civil Liberties Union (ACLU) has opted to drop its lawsuit against the Department of Homeland Security (DHS) concerning the alleged deportation of a U.S. citizen child to Honduras, in a case that highlights ongoing complexities surrounding immigration enforcement.

The lawsuit alleged that DHS unlawfully deported to Honduras V.M.L., a child born in Louisiana, alongside her mother, but DHS stated the mother chose to take the child with her, as Breitbart reports.

In April, the ACLU took action against both DHS and Immigration and Customs Enforcement (ICE), accusing them of illegally deporting a child born in the United States, identified as V.M.L.

Her mother, Jenny Carolina Lopez-Villela, was a Honduran national who was removed from the United States. Villela was apprehended along with her daughter during a routine ICE appointment on April 22, 2025.

Family's immigration status explained

The situation unfolded against a backdrop of repeated illegal entries into the United States by Villela. Public records show she entered the country three times without authorization: initially in September 2019, then March 2021, and again in August 2021.

By March 2020, Villela, along with her eldest daughter, had been declared inadmissible and received orders for removal.

Villela's youngest child, V.M.L., was born on Jan. 4, 2023, in Baton Rouge, Louisiana, thus securing U.S. citizenship by birth. At the time of her routine check-in with ICE, Villela presented a U.S. passport for V.M.L.

ACLU initiates legal action

The legal action initiated by ACLU came in response to claims that DHS had unlawfully sent a U.S. citizen to another country. However, DHS has firmly denied these allegations, citing the fact that Villela decided to take her child with her upon leaving the United States.

The response from DHS included a statement from Tricia McLaughlin, Assistant Secretary for Public Affairs, who emphasized that the mother's removal was a separate action from her decision to bring her daughter with her.

In her statement, McLaughlin outlined that portraying the situation as an official deportation of an American child was misleading. She expressed DHS's concern for protecting children, while also suggesting that Villela's decision was voluntary.

ACLU drops claims

A scheduled hearing for the case was set to occur in Louisiana on May 16 under Judge Terry Doughty's oversight. Yet, the ACLU unexpectedly opted to withdraw from the legal battle without providing an explanation.

This development means the upcoming hearing will no longer tackle the specific allegations tied to V.M.L.'s deportation status.

As the situation unfolded, DHS reiterated its established duty to safeguard minors and clarified misinformation surrounding removal processes.

In addition, DHS promoted the use of the CBP Home application, which allows individuals residing illegally to self-deport, presenting it as a lawful alternative for those facing removal actions.

Contextualizing the group's decision

The decision by the ACLU to retract its lawsuit raises questions around their initial claims, especially in light of DHS's public denial of the allegations. Despite the dismissal, the case has spotlighted varying interpretations of immigration enforcement practices.

The involvement of an American citizen in forced removal procedures brings a contentious element to the broader discussion on immigration laws and the protection of citizens' rights. The situation has underscored the legal intersections between federal enforcement actions and individual familial decisions.

Implications for future cases awaited

While the ACLU's silence on the decision to abandon the lawsuit leaves many unanswered questions, it underscores the ongoing tensions present in immigration policy enforcement. The lawsuit's dismissal serves to reaffirm the necessity of precise legal examination when dealing with U.S. citizens in immigration disputes.

This development may have lasting implications for future cases where children born in the U.S. face deportation scenarios, potentially even altering how organizations approach advocacy related to citizen minors in deportation processes. The DHS's emphasis on factual integrity in such situations is expected to resonate in upcoming debates and practices surrounding immigration.

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