Toddler Returned to ICE Custody, Denied Medication After Hospitalization

Lawsuit alleges 18-month-old girl was mistreated after life-threatening illness

Feb. 8, 2026 at 2:47am

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An 18-month-old girl detained 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 as 'Amalia,' was released by immigration authorities after her parents sued, but the lawsuit had sought the release of all three family members.

Why it matters

The case highlights concerns about the treatment of immigrant families, especially children, in U.S. detention facilities. The lawsuit alleges that the facility in Dilley, Texas, where the family was held, lacks adequate resources and medical care for detainees.

The details

Amalia was hospitalized from January 18 to 28 with COVID-19, respiratory syncytial virus, viral bronchitis and pneumonia. She was given a nebulizer and respiratory medication upon discharge, but these were taken away by detention center staff upon her return. The lawsuit also says Amalia has lost 10% of her body weight and was given nutritional drinks to help her regain it, but these were also confiscated by authorities.

  • Amalia and her parents were detained by immigration authorities on December 11, 2025.
  • Amalia was hospitalized from January 18 to 28, 2026.
  • Amalia was returned to the Dilley, Texas detention facility in the midst of a measles outbreak.

The players

Amalia

An 18-month-old girl detained by U.S. immigration authorities.

Elora Mukherjee

An attorney representing Amalia and her family.

U.S. Department of Homeland Security

The government agency responsible for Amalia's detention.

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What they’re saying

“Baby Amalia should never have been detained. She nearly died at Dilley.”

— Elora Mukherjee, Attorney for the family

What’s next

The judge in the case will decide on whether to order the permanent release of Amalia and her parents.

The takeaway

This case highlights ongoing concerns about the treatment of immigrant families, especially children, in U.S. detention facilities. It raises questions about the adequacy of medical care and resources provided to detainees, and whether the detention of young children is ever appropriate.