Lawsuit Alleges ICE Withheld Critical Medication from Hospitalized Toddler

Lawsuit Alleges ICE Withheld Critical Medication from Hospitalized Toddler

2026-02-08 politics

Dilley, Sunday, 8 February 2026.
A federal lawsuit alleges ICE agents confiscated prescribed respiratory medication from an 18-month-old toddler immediately following her release from intensive care, highlighting critical failures in detention medical oversight.

Allegations of Medical Negligence

The complaint, filed in federal court on Friday, February 6, 2026, details a harrowing sequence of events involving an 18-month-old girl identified as “Amalia,” a Mexican citizen whose family had been detained since December 2025 [1][2]. According to the lawsuit, Amalia was hospitalized in San Antonio on January 18 after suffering from a fever that reached 40 degrees Celsius (104 degrees Fahrenheit) and severe respiratory distress [1][5]. Her medical diagnosis was complex and critical, involving COVID-19, respiratory syncytial virus (RSV), viral bronchitis, and pneumonia, requiring her to be placed on supplemental oxygen [1][5]. Despite the severity of her condition, when she was discharged back to the Dilley Immigration Processing Center on January 28, detention staff allegedly confiscated her prescribed nebulizer and respiratory medication [5]. Furthermore, staff reportedly removed nutritional supplements prescribed to help the toddler recover, even though she had lost 10% of her body weight during the illness [5].

Following the filing of the lawsuit and an emergency habeas corpus petition, Amalia and her parents—Venezuelan nationals who have resided in the U.S. since 2024—were released from custody on the evening of Friday, February 6 [1][2]. Legal representatives for the family argued that the detention conditions posed an imminent threat to the child’s life, with Columbia Law School professor Elora Mukherjee stating that Amalia was “at the brink of dying” and that returning her to a facility without access to necessary medicine was “outrageous” [1]. Upon their release, however, ICE allegedly failed to return the child’s medical prescriptions and birth certificate, complicating her ongoing care [1]. The lawsuit highlights that the family was returned to the Dilley facility during an active measles outbreak, further compounding the medical risks [2].

Systemic Oversight and Political Scrutiny

This incident has intensified scrutiny of the Trump administration’s management of immigration detention centers, particularly regarding the health and safety of minors [3][5]. Representative Joaquin Castro (D-Texas) visited the Dilley facility on January 31, 2026, to investigate what he termed “troubling complaints” regarding medical care, food quality, and overcrowding among the center’s 1,100 detainees [6]. Castro has been a vocal critic of the conditions, noting that numerous 911 calls have originated from the South Texas ICE Processing Center and criticizing Texas Governor Greg Abbott for deploying National Guard troops to these facilities, arguing they lack the specific training required for detention duties [6]. CoreCivic, the private operator of the facility, maintains that the safety of those in their care is a “top priority” [1].

Amalia’s case is not an isolated event but part of a broader pattern of legal challenges against current detention practices. In a parallel case, a federal judge in Michigan ordered the release of a 5-year-old boy, Liam Ramos, on January 31, 2026, after he was detained in Minnesota [5]. Although Liam was released and escorted back to Minnesota by Representative Castro on February 6, the Department of Justice has filed for his expedited deportation [6]. Similarly, a 10-year-old girl and her father were freed from the Dilley center on February 6 following a separate federal court order [4]. These cases underscore the ongoing conflict between the administration’s enforcement policies and judicial mandates regarding the humane treatment of detainees.

Sources


Immigration Policy Legal Liability