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texas civil rights project
ICE Just Deported Two More US Citizen Children
"Trump and Greg Abbott are taking law enforcement who should be focused on keeping people safe and are using them to deport citizens. It's wrong, it’s disturbing, and it hurts public safety."
May 09, 2025
In recent weeks, immigration agents acting on the Trump administration's orders have alarmed rights advocates by deporting multiple U.S. citizen children and entrapping a person marked for deportation by asking him to attend an official immigration-related appointment—and this week, advocacy groups said Thursday, a family in Texas was subjected to both actions once again.
The Texas Civil Rights Project (TCRP), the Immigrant Legal Resource Center, and Grassroots Leadership said they were not able to confirm the whereabouts of three children aged 9, 5, and 4—the youngest two of whom are U.S. citizens born and raised in Austin, Texas—after they were deported to Mexico with their mother, Denisse Parra Vargas.
Parra Vargas and her partner, Omar Gallardo Rodríguez, were stopped on April 30 by the Texas Department of Public Safety in Austin, when authorities saw they were driving a truck with expired license plates. DPS contacted Immigration and Customs Enforcement (ICE) when it found the couple did not have legal status in the United States, and Gallardo Rodríguez was deported days later.
Authorities gave Parra Vargas an ankle monitor to wear and told to visit an Intensive Supervision Appearance Program (ISAP) office to check in with ICE agents.
"ICE has no authority to detain or deport U.S. citizens regardless of the status of their parents."
According to the advocacy groups, ICE told her if she attended all her ISAP appointments she would be eligible for a work permit. Parra Vargas was also told to attend a hearing for Gallardo Rodríguez at an ICE facility on May 6.
"But her partner had no hearing and instead she and her minor children were detained, including two U.S. citizen children," said the groups.
The family was taken to a facility in Laredo before being deported and sent to the border city of Reynosa, Mexico, where they were at a shelter as of Wednesday.
Daniel Hatoum, an attorney with TCRP, told the Austin American-Statesman that in cases like that of Parra Vargas and her children, "they basically tell the family: 'Either take them with you or we're going to separate them quickly from you.' They then claim that's not really a deportation because they were given the option of going. But it certainly is in a colloquial sense."
The advocacy groups said that while ICE may claim it gave Parra Vargas the "choice" to leave her young children in the U.S., the agency "did not allow for communication with nearby family members who were willing to keep the children and instead detained them for 24 hours in secretive locations before deporting the U.S. citizen children to Mexico."
"ICE was informed by the family and legal advocates that the children were U.S. citizens and ICE knowingly deported them anyway in violation of their own policies and laws," said the groups. "ICE has no authority to detain or deport U.S. citizens regardless of the status of their parents."
The organizations said they were not able to communicate with Parra Vargas when she was in detention in order to provide her with legal counsel.
The family's deportation comes weeks after an ICE field office in New Orleans deported three American children—aged 2, 4, and 7—including one who has a rare cancer.
The Department of Homeland Security claimed in a statement to the American-Statesman that "the narrative that DHS is deporting American children is false and irresponsible reporting."
But U.S. Rep. Greg Casar (D-Texas) said the facts show that "two children with U.S. citizenship—born and raised in Austin—were just detained and deported to Mexico."
Two children with US citizenship — born and raised in Austin — were just detained and deported to Mexico. Trump and Greg Abbott are taking law enforcement who should be focused on keeping people safe and are using them to deport citizens. It’s wrong, it’s disturbing, and it hurts public safety.
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— Congressman Greg Casar (@repcasar.bsky.social) May 9, 2025 at 10:52 AM
Sulma Franco, who works with Grassroots Leadership, told the American-Statesman that the parents "were people who were doing all that they could to provide for their families, responsibly, without trouble."
Carlos Enrique González Echeverría at the Mexican Consulate in Austin told the newspaper that Parra Vargas had a deportation order from 2019, when she didn't appear at an immigration court hearing. She was denied asylum in 2016 when she applied at the U.S.-Mexico border after traveling to the U.S. to escape her abusive former partner.
TCRP, which is representing the family, said Thursday that "there are no confirmed details about the whereabouts or welfare of her children" following their deportation to Mexico.
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Rights Groups Sue Over Trump's 'Flagrantly Illegal' Shutdown of Asylum at Border
"The immigration laws do not give the president autocratic power to override Congress and brazenly violate U.S. treaty obligations related to the protection of refugees," said one advocate.
Feb 03, 2025
Accusing U.S. President Donald Trump of using "racist conspiracy theories" and lies about refugees to block people from exercising their right to seek asylum in the United States, several advocacy groups filed a federal lawsuit on Monday to block the Republican president's recent proclamation aimed at shutting down the asylum process at the southern border.
Disregarding the fact that the right to seek asylum has been part of U.S. law for more than four decades, the president quickly said after taking office last month that he was suspending the asylum process at the U.S.-Mexico border until the "invasion at the southern border has ceased."
The move left "no avenue open for people to seek asylum, even if they present themselves at a port of entry," said the groups, including the Texas Civil Rights Project, the National Immigrant Justice Center, and the ACLU.
Migrants who had traveled across Central America and Mexico in hopes of seeking asylum found soon after Trump's inauguration that their appointments with U.S. Customs and Border Protection had been canceled, leading to scenes of desperation at the border.
"This is the latest flagrantly illegal attempt by the executive branch to end humanitarian protection at the U.S.-Mexico border," said Richard Caldarone, senior litigation attorney at the National Immigrant Justice Center. "The immigration laws do not give the president autocratic power to override Congress and brazenly violate U.S. treaty obligations related to the protection of refugees. This latest attempt to do so will make thousands of people vulnerable to persecution, torture, and death, and we will not stop fighting until all those who require protection have the opportunity guaranteed by U.S. law to seek asylum in this country."
"Just as he did in his first term, the president is attempting to rewrite our laws by executive fiat and impose an illegal policy of mass expulsions."
Melissa Crow, director of litigation at the Center for Gender & Refugee Studies, warned that Trump cannot use the "lie" of an invasion by "families, children, and adults seeking safety" at the border to circumvent U.S. laws.
"Just as he did in his first term, the president is attempting to rewrite our laws by executive fiat and impose an illegal policy of mass expulsions," said Crow.
The asylum proclamation is just one of the anti-immigration actions Trump has taken in his first weeks in office. He declared an end to birthright citizenship—and was quickly challenged in court by rights groups and Democratic state attorneys general, with a judge ruling that the order was "blatantly unconstitutional"—and has directed Immigration and Customs Enforcement to round up thousands of undocumented immigrants, roughly half of whom didn't have a criminal record.
"Once again, the Trump administration wants to eliminate the ability of families to seek safety in our country in the form of asylum, a legal pathway," said Jennifer Babaie, director of advocacy and legal services of Las Americas Immigrant Advocacy Center. "Regardless of any person's individual beliefs on immigration, any government attempt to blatantly violate our laws is a serious issue impacting all communities across the country. Spreading falsehoods about an 'invasion' at our border only fuels fear, aiming to dismantle the entire asylum process and weaponize our immigration laws."
Rochelle Garza, president of the Texas Civil Rights Project, said the suspension of asylum was "extreme, unjust, and a disservice to families seeking safety at our southern border."
"Denying migrants and displaced individuals from the opportunity to find safety undermines our nation's values and creates additional strain on our already burdened border communities," said Garza. "Our lawsuit underscores the unlawful nature of this policy and emphasizes the need to protect asylum seekers' rights. The U.S. should lead by example in implementing fair immigration practices and treating the most vulnerable with dignity."
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'Calculated Cruelty': Report Details Lasting Harms of Trump Family Separation Policy
Up to 1,360 children who were separated from their parents under the Trump administration have not been reunited six years later, according to the new report from a trio of human rights groups.
Dec 16, 2024
A report published Monday by a coalition of human rights groups estimates that as many as 1,360 children who were separated from their parents under the first Trump administration's "zero tolerance" policy have yet to be reunited, causing immense suffering for families ensnared in the punitive effort to deter border crossings.
The 135-page report was produced by Human Rights Watch (HRW), the Texas Civil Rights Project (TCRP), and the Lowenstein International Human Rights Clinic at Yale Law School, and it comes as immigrant rights advocates brace for President-elect Donald Trump's return to power alongside officials who helped develop and implement the large-scale family separations.
"Forcible separation of children from their families inflicted harms that were severe and foreseeable," states the report, which examines public and internal government documents, materials from legal proceedings, and the findings of government investigations and features interviews with parents and children who were forcibly separated by the Trump administration.
"Once parents realized they would not be immediately reunited with their children, they were distraught," the report continues. "Some children sobbed uncontrollably. Many felt abandoned. Nearly all were bewildered, not least because immigration officials would not tell them where their parents were or gave responses that proved to be lies."
The groups estimate that the first Trump administration separated more than 4,600 children from their families during its four years in power, and nearly 30% of the children are unaccounted for and "may remain separated from their parents."
"A government should never target children to send a message to parents."
While family separations predated Trump's first term and have continued under President Joe Biden, experts argue the Trump administration's policy was uniquely expansive and cruel. The groups behind the new report said the Trump administration's family separation efforts "constituted enforced disappearance and may have constituted torture."
"We need to take away children," Jeff Sessions, then Trump's attorney general, reportedly said during a May 2018 call with five federal prosecutors, the report observes, citing handwritten notes from one of the prosecutors.
Michael Garcia Bochenek, senior children's rights counsel at HRW and an author of the new report, said in a statement Monday that "it's chilling to see, in document after document, the calculated cruelty that went into the forcible family separation policy."
"A government should never target children to send a message to parents," Bochenek added.
The separations traumatized both parents and children, according to the report.
"Migrant children who have been forcibly separated from their parents demonstrate greater emotional and behavioral difficulties than children who have never been separated," the report notes. "Parents repeatedly told Al Otro Lado, a legal services organization based in Tijuana, that forced separation from their children was 'the worst thing they had ever experienced' and reported 'continued disturbances in sleep, nightmares, loss of appetite, loss of interest, fear for the future, constant worry, hopelessness, and loss of the ability to concentrate.'"
"In May 2018," the report adds, "a man killed himself after [U.S. Customs and Border Protection] agents forcibly separated him from his children."
HRW, TCRP, and the Lowenstein International Human Rights Clinic called on Congress and the Biden administration to "put in place comprehensive measures to remedy the wrongs these families suffered" and urged the U.S. Department of Homeland Security—soon to be led by far-right South Dakota Gov. Kristi Noem—to "adopt standards that presumptively keep families together, separating them only when in a child's best interest."
Trump campaigned during the 2024 election on a pledge to launch the "largest domestic deportation operation in American history," and he said during an interview aired last week that "we don't have to separate families."
"We'll send the whole family, very humanely, back to the country where they came," Trump said, suggesting he'll also deport children who are U.S. citizens.
When pressed on whether he intends to revive the "zero tolerance" policy, Trump said, "We need deterrence."
"When somebody comes here illegally, they're going out. It's very simple," he added. "Now if they come here illegally but their family is here legally, then the family has a choice. The person that came in illegally can go out, or they can all go out together."
The ACLU, which has represented separated families in court, has pledged to take swift legal action if the incoming Trump administration brings back "zero tolerance."
"I am hopeful that the Trump administration recognized the outpouring from the American public and the worldwide revulsion to ripping little children away from their parents and will not try to separate families again," ACLU attorney Lee Gelernt toldTIME magazine last month. "But if it does we will be back in court immediately."
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