A woman who was forced to give birth while in custody should have been released before she went into labor, according to federal policy. Juana Villegas, an illegal immigrant with no criminal
record, was arrested for a traffic violation days before her due date. She went
into labor while in custody, and was returned to jail immediately after the
birth; she was separated from her infant son for two days and was not allowed
to bring a breast pump back to jail with her.
Villegas’ treatment has raised concerns about the ways local
law enforcement work with federal immigration officials to apprehend illegal
immigrants. Federal immigration policy mandates that people who are arrested on
non-criminal immigration violations who are pregnant, are sole caregivers, or
have other humanitarian concerns be recommended for immediate release. But
Immigration and Customs Enforcement placed a hold on Villegas the day she was
arrested, which means that she was ordered held past any local sentence. She
claims that she informed officers that her baby was due in a matter of days.
Although Villegas does have a lawyer, it remains to be seen
whether or not this new understanding of Villegas’ treatment will lead to a
lawsuit.
Photo: BBC
