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Rosa María Hernández, 10, who has cerebral palsy and underwent emergency gallbladder surgery last Tuesday, has been in an immigration detention center for six days without seeing her parents. (Photo: @ EdgarANavarrete / Twitter)
Rosa María Hernández, 10, who has cerebral palsy and underwent emergency gallbladder surgery last Tuesday, has been in an immigration detention center for six days without seeing her parents. (Photo: @ EdgarANavarrete / Twitter)

Rosa María, the disabled immigrant detained by ICE

The arrest of an immigrant with cerebral palsy outrages the immigrant community and activists.

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The anti-immigrant campaign in the United States has no mercy.

In the afternoon of October 31st, the Office of Refugee Resettlement detained Rosa María Hernández, a 10-year-old girl with cerebral palsy who had illegally entered the United States when she was just months of age, in search of a treatment that would improve her living conditions.

On October 24, Rosa María traveled to Driscoll Children's Hospital (150 miles from Laredo, Texas, where she lives with her parents and siblings) in the company of her 24-year-old cousin, Aurora Cantu, who is a US citizen, according to the American Civil Liberties Union (ACLU).

Around 2 o'clock in the afternoon, the Customs and Border Protection Office stopped her medical transport vehicle at a checkpoint in Freer, Texas. When the agents approached the vehicle and asked for the documentation of everyone who was inside, Aurora explained that they were on their way to the hospital because Rosa María needed an operation. She showed the medical documentation to the agents and explained that the 10-year-old girl didn’t have identification papers.

The vehicle had to pull over and half an hour later, the agents assured that the passengers could continue to the hospital but that they would be escorted and that once the surgery was over "the girl" would be "processed" for deportation.

The agents followed the girl throughout her process inside the institution and once she got out of recovery, she was arrested.

As the ACLU report continues, Rosa Maria was transferred into custody to the Office of Refugee Resettlement (ORR) and admitted as "unaccompanied child" at a center in San Antonio, refusing to release her despite the indignation and the pleas of her family and activists, who assure that she needs specific medical care and facilities that the detention center may not have.

This detention not only violates the constitution of the United States but also violates the rights of the young girl. That is why the ACLU has filed a lawsuit against the government of Donald Trump arguing that:

1. The Border Patrol did not have any authority to place Rosa María in custody in the Office of Refugee Resettlement

2. The arrest was warrantless

3. It was an act of discrimination based on disability

4. The ORR would be violating the federal protections of a minor

5. Both Rosa María and her family have the right to a fair legal process, which the ORR was denying.

To help the ACLU, click here.

 

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