A Guatemalan man, Freddy Cortez Lugos, missed the birth of his first child due to Immigration and Customs Enforcement (ICE) holding him despite a federal court order for his immediate release. U.S. Magistrate Judge Karen E. Scott ruled on May 1 that ICE violated procedural due-process protections by re-detaining Cortez Lugos during a routine check-in and ordered his immediate release.
Freddy Cortez Lugos, in the U.S. on humanitarian parole, was detained again by ICE on April 14, allegedly for committing 12 violations of his ICE check-in requirements. A spokesperson from the Department of Homeland Security (DHS) informed Newsweek of this arrest. Meanwhile, the legal filings indicate that Cortez Lugos remained in custody until May 4, resulting in him missing the birth of his son, Izaan, on May 1.
Cortez Lugos’ partner went into labor and gave birth while he was still detained.
The case reflects ongoing tensions between federal courts and the administration’s mass deportation policy. Judges are examining ICE’s authority to re-detain individuals previously released under parole or supervision. The broader questions in this context involve whether ICE promptly complies with court orders and applies constitutional due-process protections effectively amid heightened immigration enforcement efforts.
Judge Scott partially approved a habeas corpus petition filed on Cortez Lugos’ behalf. She concluded that ICE unlawfully re-detained him without written notice or an individualized hearing, violating constitutional due process protections. Cortez Lugos had been living in the U.S. since 2024 on humanitarian parole and participated in ICE’s Intensive Supervision Appearance Program, meeting all reporting requirements with no criminal record.
The DHS stated Cortez Lugos entered the U.S. in 2024 via the CBP One program, a now-defunct app allowing migrants to schedule entry appointments at U.S. ports. He entered through the southern border and was granted parole for humanitarian reasons. The court rejected the argument that Cortez Lugos could be held without a hearing as an ‘arriving alien’ subject to mandatory detention. The judge insisted on due process even within this classification, requiring ICE to provide notice and a hearing before re-detaining.
The court criticized ICE for failing to justify re-detaining Cortez Lugos after nearly two years of living in the community, which risked erroneous deprivation of liberty. Scott ordered ICE to release him immediately and barred re-detention without written notice and a pre-detention hearing.
Despite the ruling, Cortez Lugos wasn’t released until May 4. His partner, who had been eight months pregnant at the time, experienced labor complications due to stress but is recovering. The baby, born healthy, weighed 6 pounds, 12 ounces.
Family members expressed frustration over the delayed release. Kimberly Barajas, the sister of Cortez Lugos’ partner, recounted attempts to resolve the issue but faced claims from ICE officers of not receiving the court order or assigning an attorney to the case. She had the court order in hand, yet the officers did not provide answers.
A DHS spokesperson said Cortez Lugos was released once ICE received notification to do so. Barajas noted that had Cortez Lugos been released on the day of the ruling, he might have attended his child’s birth. She emphasized that his detention was unlawful, as proven by the habeas petition.
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