Little Girl With Cerebral Palsy To Be Deported By CBP After Surgery

An undocumented 10-year-old girl named Rosamaria Hernandez who lives with cerebral palsy and recently underwent gallbladder surgery was placed in removal proceedings by CBP agents immediately after being discharged from Driscoll Children’s Hospital. The girl has now been transported to a children’s shelter in San Antonio that can attend her medical needs, while her case is processed.

CBP agents from an immigration checkpoint in Freer escorted Rosamaria’s ambulance on Tuesday from Laredo to Corpus Christi. Leticia Gonzalez, an associate of Rosamaria’s lawyer Alex Galvez, asked the federal agents if Rosamaria could be released to her American family members but the agents wouldn’t budge, they had strict orders to process the little girl.

According to Rosamaria’s doctors, it’s in her best interest that she is released to family members “who are familiar with her medical and psychological needs,” mainly because she will need to continue her follow-ups with the family’s primary care physician. “At this point, our argument to (immigration officials) is there is a doctor’s directive, why aren’t you following it?” Gonzalez told Caller-Times.

CBP spokesman Rod Kise issued a statement early Wednesday that the agency’s duty to enforce immigration law makes no exceptions with little girls who have difficult medical conditions.

“Per the immigration laws of the United States, once medically cleared she will be processed accordingly,” according to the statement. “The Mexican Consulate has been advised of the situation by Laredo Sector Border Patrol.”

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Felipa Delacruz, the mother of Rosamaria said that federal agents were waiting outside her daughter’s hospital room after the surgery, waiting for her recovery to take her away. Delacruz who lacks legal immigration status as well remained in Laredo while her American niece accompanied Rosamaria past the checkpoint.

This case has already been flagged by the Department of Health & Human Services and it has prompted the Department of Homeland Security to conduct a home study in order to determine if Rosamaria can be released to family members, according to Rosamaria’s lawyer.

Galvez claims that they have a strong case since the child’s condition does not impose a threat to society and has many family members who are U.S. citizens, including her grandfather, this more of a humanitarian case.

Sen. Juan Hinojosa was largely critical of the agency’s priorities in enforcing immigration laws and released a statement on the Caller-Times to defend Rosamaria.

“The situation with Rosamaria Hernandez is not uncommon in South Texas or along the Texas-Mexico border. What is uncommon, is the Border Patrol or Immigration Customs Enforcement taking such an interest in a case involving a 10-year-old girl requiring immediate medical attention,” Hinojosa wrote in the email he sent to the Caller-Times. “While there is no doubt that we are a country of laws that must be followed, we are also a country with compassion. We have situations where certain discretions must be allowed to protect the rights of a human being.”

“Border Patrol’s time would be better spent if they focused their resources on drug traffickers and human smuggling. Thank you to Driscoll Children’s Hospital for taking care of a sick child in critical need.”

The Democrat Senator is not alone, his Republican counterpart Joaquin Castro of San Antonio, also issued a statement standing up for Rosamaria.

Article inspired by the Caller-Times // Girl with cerebral palsy placed in removal proceedings after surgery