18-month-old toddler sent back to ICE detention without meds, lawsuit alleges

An 18-month-old girl detained for weeks by U.S. immigration authorities was returned to ⁠custody and denied medication after being hospitalized with a life-threatening respiratory illness, according to a lawsuit filed in Texas federal court. The child, identified in the lawsuit as "Amalia," was released by immigration authorities in President Donald Trump's administration after her parents sued on Friday. ‌The parents, who also ‌had been detained, were released as well. The suit had sought the release of all three of them.

The family was detained during a ‌check-in with immigration authorities on December 11 and held at a facility in Dilley, Texas, according to the lawsuit. Amalia was hospitalized from January 18 to 28, and returned to the Dilley facility in the midst of a measles outbreak, the lawsuit said.

"Baby Amalia should never have been detained. She nearly died at Dilley," said Elora Mukherjee, an attorney for the family.


Mukherjee said hundreds of children and families detained at Dilley lack sufficient drinking water, healthy food, educational opportunities or proper medical care, and should ‌be released.

The Department ‍of Homeland Security did not immediately respond to a request for comment on ‍Saturday.

NBC News first reported on the lawsuit.

Trump's administration has been accused ‌of heavy-handed and inhumane tactics as well as violating court orders while carrying out his mass deportation program. A federal judge in Michigan criticized the administration in a January 31 ruling ordering the release of a 5-year-old boy - seen in a viral photo wearing a blue bunny hat outside his house as federal agents stood nearby - who was detained by immigration agents in Minnesota. The administration is now seeking to deport the boy.

Amalia's parents, originally from Venezuela, have lived in the United States since 2024 with their ‍daughter, who is a Mexican citizen, according to the lawsuit. The lawsuit says all three intend to file asylum applications in the United States.

Amalia developed a fever on January ‍1 that reached ⁠as high as 104 degrees Fahrenheit (40 ⁠degrees Celsius), started vomiting frequently and struggled to breathe, according to the lawsuit.

She was taken to the hospital on January 18 with extremely low oxygen saturation levels and diagnosed with COVID-19, respiratory syncytial virus, viral bronchitis and pneumonia, according to the lawsuit. She was placed on supplemental oxygen.

Amalia was given a nebulizer and a respiratory medication upon her discharge from the hospital, but these were taken away by detention center staff upon her return, according to the lawsuit. The girl has lost 10% of her body weight and was given nutritional drinks to help her regain it, but these were also confiscated by authorities, according to the lawsuit.