Freddy Cortez Lugos, a Guatemalan man on humanitarian parole in the U.S., missed the birth of his first child due to a delay in his release from Immigration and Customs Enforcement (ICE) detention. This occurred despite a federal court order demanding his immediate release. U.S. Magistrate Judge Karen E. Scott of the Central District of California ruled on May 1 that ICE had violated due-process protections by re-detaining Cortez Lugos, ordering his immediate freedom. Yet, Cortez Lugos remained in custody until May 4, missing the birth of his son, Izaan, on May 1.
Legal Proceedings and Due Process
Cortez Lugos had been living in the United States under humanitarian parole since 2024 through the CBP One program, allowing migrants to schedule appointments at U.S. entry points. He participated in ICE’s Intensive Supervision Appearance Program without a criminal record. The court denied the government’s claim that he, as an “arriving alien,” could be detained without a hearing. Judge Scott emphasized that even under that designation, constitutional due-process required ICE to give notice and conduct a hearing before re-detaining him.
The court found ICE provided no rationale for detaining Cortez Lugos after two years in the community. Judge Scott ordered his immediate release and barred future detention without prior notice and a hearing before an impartial decision-maker.
Family Impact of the Delayed Release
Despite the May 1 ruling, Cortez Lugos was not released from Adelanto Detention Facility until May 4. During this time, his partner, who was nearly eight months pregnant at the time of his April arrest, went into labor and suffered complications attributed to stress. Fortunately, both mother and the newborn are now recovering well, with the baby weighing 6 pounds, 12 ounces at birth.
Barriers to Immediate Release
Cortez Lugos’ family reported complications in securing his release despite the court order. Kimberly Barajas, the sister of Cortez Lugos’ partner, recounted being told by ICE officers that there was no release order or assigned attorney. Even when she presented the court order, officers failed to act promptly.
Cortez-Lugos was ordered released from ICE custody, and he was released as soon as ICE was notified to do so,a DHS spokesperson stated.
Barajas criticized the detention practices, stating, Freddy is a hard-working man … his detention was unlawful, and it was proven by the habeas petition. If the facility had released him when the court ruled, he could have attended his child’s birth.