A woman from Guatemala who gave birth while in custody of U.S. immigration authorities in Arizona was released over the weekend while she awaits deportation proceedings. The woman, identified by her attorney only as Erika, was apprehended by U.S. Customs and Border Protection agents last week after crossing into the United States from Mexico.
Erika was eight months pregnant when she was found walking alone in the Arizona desert, according to her attorney. She had reportedly been in the desert for two days before agents encountered her near Tres Bellotas Ranch, southwest of Tucson.
Following her detention, Erika was transported to the Tucson Medical Center on Wednesday and gave birth there later that evening. Federal agents maintained a presence outside her hospital room during this time.
Her attorney, Luis Campos, reported difficulty gaining access to his client while she was in the hospital. He described the situation as hindering her right to legal counsel guaranteed by the Fifth Amendment, a claim disputed by authorities. Campos also stated he was unable to obtain her signature on necessary legal forms.
Initially, Erika was placed in expedited removal proceedings, a process allowing for rapid deportation. However, this changed by Friday when she was issued a Notice to Appear before an immigration judge. This allows her to formally present her case.
A spokesman for U.S. Customs and Border Protection confirmed the woman crossed into the country unlawfully from Mexico. The spokesman stated that prior to being issued a Notice to Appear, she was not entitled to legal representation in immigration procedures. After the notice was issued, the spokesman added, she was provided an opportunity to speak with her attorney.
According to the spokesman, agents complied with the law and CBP procedures throughout the incident, and no rights were denied.
Community pressure and the intervention of Arizona Governor Katie Hobbs' office reportedly played a role in the decision to change Erika's case status and facilitate her release. The governor's office stated it was collaborating with federal and local officials to gather information and opposed inhuman immigration control practices.
Custody of the woman was transferred to ICE on Saturday morning, according to CBP. She was subsequently released to a non-profit organization in Phoenix. Her newborn daughter remains with her mother.
Erika is seeking asylum in the United States, citing a fear of violence in Guatemala. Her attorney stated that she felt she had no option but to leave her country after local authorities would not or could not provide assistance. The next step in her legal process is expected to be a credible fear interview, which allows her to present her basis for an asylum claim.
"At all times, agents complied with the law and CBP procedures," the spokesman declared. "No rights were denied."
