Immigration activists drop lawsuit after false claims that ICE deported a U.S. citizen child, revealing the mother actually chose to take her American daughter to Honduras when she was removed for being in the country illegally.
At a Glance
- The ACLU has withdrawn its lawsuit against ICE and DHS that falsely claimed a U.S. citizen child was deported
- Jenny Carolina Lopez-Villela, an illegal immigrant with three prior entries and final removal orders, chose to take her 2-year-old U.S. citizen daughter with her to Honduras
- ICE provides parents multiple options, including allowing children to remain in the U.S. with designated guardians
- Lopez-Villela presented a valid U.S. passport for her daughter when arranging to take her to Honduras
- DHS officials called the lawsuit “baseless” and the deportation narrative “false and irresponsible”
False Deportation Claims Collapse
The Department of Homeland Security announced a significant legal victory after immigration activists withdrew a lawsuit that had alleged ICE deported a U.S. citizen child. The lawsuit, filed by the American Civil Liberties Union (ACLU), collapsed when facts revealed the child’s mother, who was in the country illegally, voluntarily chose to take her American daughter with her when she was removed to Honduras. This withdrawal represents a vindication for immigration enforcement officials who had maintained from the beginning that no deportation of a citizen occurred.
“The ACLU dropped its lawsuit on the false claims that DHS deported a U.S. citizen,” said Assistant Secretary Tricia McLaughlin. “The truth is, and has always been, that the mother—who was in the country illegally—chose to bring her 2-year-old with her to Honduras when she was removed. The narrative that DHS is deporting American children is false and irresponsible.”
Activists drop lawsuit claiming ICE deported U.S. citizen child
The case had become a major flashpoint, with Democrats on Capitol Hill using reports of a child deportation to blast President Trump for violating the law by deporting a U.S. citizen.
But DHS Assistant Secretary… pic.twitter.com/0xiH9JcdfY
— Rob (@_ROB_29) May 10, 2025
Mother’s Immigration History and Choices
The case involved Jenny Carolina Lopez-Villela, who had entered the United States illegally three times before being deemed inadmissible. She received final orders of removal in March 2020. When ICE took her into custody in April 2025, agents followed standard procedures by offering Lopez-Villela options regarding her U.S. citizen daughter. These options included allowing the child to remain in the United States with a designated guardian. Instead, Lopez-Villela explicitly chose to bring her younger daughter to Honduras.
According to DHS records, Lopez-Villela presented a valid U.S. passport for her daughter when making arrangements to take her to Honduras. This documentation directly contradicts the lawsuit’s central claim that ICE had forcibly deported an American citizen. The Washington Times reported that activists quietly dropped the lawsuit after these facts came to light, undermining their original allegations against the federal immigration enforcement agencies. The case highlights the importance of factual accuracy in high-profile immigration litigation.
DHS Procedures and Family Protections
The Department of Homeland Security emphasized that its procedures include multiple safeguards to protect the rights of both parents and children during immigration enforcement actions. When parents face removal, ICE provides them with the option to take their children with them or to place the children with family members or other designated guardians in the United States. This policy aims to maintain family unity while respecting parental rights to make decisions for their children.
DHS also highlighted tools available to parents like Lopez-Villela, including the CBP One mobile application that allows individuals to manage their departure and potentially return legally in the future. The agency maintains that it follows strict protocols to verify citizenship claims and protect the rights of American citizens. In this case, the evidence shows that Lopez-Villela’s decision to take her daughter to Honduras was voluntary and properly documented, with the child’s U.S. citizenship fully recognized throughout the process.
Implications for Immigration Advocacy
The lawsuit’s withdrawal raises questions about the vetting process for immigration-related legal challenges. Immigration enforcement officials expressed frustration that such high-profile allegations were made without proper factual basis, potentially undermining public trust in the immigration system. The case demonstrates the complexity of immigration enforcement situations involving mixed-citizenship families and the importance of accurately representing parents’ choices in these scenarios.
For immigration enforcement officials, the dismissal of the lawsuit represents an important clarification that citizenship verification procedures are being followed. The Department of Homeland Security reaffirmed its commitment to protecting the rights of U.S. citizens while enforcing immigration laws against those who repeatedly enter the country illegally. The case conclusion serves as a reminder that parents facing deportation retain decision-making authority regarding their children’s placement, even when those children are American citizens.