Nursing mother separated from infant, toddler with Down syndrome after ICE detention in Antioch

yahoo.com · By Kelly Milan · 2026-07-30T03:45:49Z

NASHVILLE, Tenn. (WKRN) — A nursing mother seeking asylum is being held nearly 700 miles away from her two young children after federal immigration agents detained her outside her Antioch home, according to her attorneys, who argue the arrest violated both the U.S. Constitution and Immigration and Customs Enforcement's own policies.The woman, identified in court filings by the pseudonym "Maria Perez" because of concerns for her safety, was detained as she prepared to take her children to a medical appointment, her attorneys said. She is now being held at an immigration detention facility in Louisiana while her 10-month-old infant and 2-year-old son with Down syndrome remain in Tennessee.Attorneys representing Perez said her son's medical care has already been disrupted."She was standing by her car, taking care of her children, and they ripped her away," said Katie Blankenship, an attorney with Sanctuary of the South.⏩ Read today's top stories on wkrn.comBlankenship contends ICE agents arrested Perez without a judicial warrant or legal justification."There is no search warrant. There is no probable cause. There is no basis at all to speaking to her, much less arresting her," Blankenship said.According to her attorneys, Perez fled domestic violence in Guatemala and has lived in the United States since 2022 while pursuing an asylum claim. They said she has no criminal history, is diabetic, and was forced to abruptly stop breastfeeding while being taken into custody.Amy Fischer with Amnesty International USA criticized Perez's transfer to Louisiana."Louisiana is known as the black hole of immigration detention," Fischer said. "Detention facilities are particularly known to be cruel and particularly known to be difficult to access for attorneys."Perez's legal team argues her detention also conflicts with ICE's own policy, which generally discourages the detention of pregnant, postpartum, or nursing mothers unless extraordinary circumstances exist.📧 Have breaking news come to you: Subscribe to News 2 email alerts →"They are not supposed to be ripping mothers from their own babies," Blankenship said. "The only way they can justify that is if they can somehow claim Maria is a threat to our national security."During an immigration hearing Wednesday, a judge denied Perez's request for bond and declined to expedite her asylum proceedings, according to her attorneys, ruling the court lacked jurisdiction over that request.Perez's attorneys said they now plan to file a federal habeas petition in Louisiana and pursue additional constitutional claims challenging her detention.The Department of Homeland Security told News 2 it planned to provide a statement. ICE did not respond to multiple requests for comment before publication.On Thursday, July 30, a DHS spokesperson issued the following statement to News 2:On May 19, ICE detained a criminal illegal alien from Guatemala while serving a federal warrant at her residence in Nashville, TN. The illegal alien, with previous charges for falsely claiming US citizenship, chose to leave her two children with an adult at the home.This illegal alien illegally entered our country on May 18, 2022, via the southern border and was arrested by CBP. Under the Biden Administration, she was released into the country, completely unvetted.Pregnant and nursing women in ICE detention are exceedingly rare. When this occurs, the women receive regular prenatal visits, mental health services, nutritional support, and accommodations aligned with community standards of care.This includes medical, dental, and mental health intake screening within 12 hours of arriving at each detention facility, a full health assessment within 14 days of entering ICE custody or arrival at a facility, and access to necessary medical appointments and 24-hour emergency care. This is the best healthcare many of these individuals have received in their entire lives.Copyright 2026 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to WKRN News 2.