Families Detained Longer Than Allowed at Immigration Facility

Advocates say children are being kept in custody for weeks and months, exceeding legal limits

Published on Feb. 17, 2026

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Khelin Marcano, Stiven Prieto, and their 1-year-old daughter Amalia were detained for 60 days at the Dilley immigration detention center in Texas, well beyond the 20-day legal limit established by the Flores Settlement. Advocates say the Trump administration is holding children and families seeking asylum in prolonged detention, with some families detained for months. The family says their daughter developed a fever and respiratory issues while in custody, but medical staff dismissed their concerns.

Why it matters

The prolonged detention of children and families seeking asylum raises concerns about the treatment of vulnerable populations and adherence to legal protections. Advocates argue that detaining children with their parents is not in the best interest of the child and can have long-term negative effects.

The details

The Marcano family was detained after attending a routine ICE appointment, despite having been previously granted parole to live in the U.S. while applying for asylum. At the Dilley facility, the family says they lacked access to clean water, nutritious food, and adequate medical care. Their young daughter developed a fever and respiratory issues, but staff initially dismissed their concerns. It was only after the family filed a habeas petition that the daughter was taken to a hospital, where she was diagnosed with COVID-19 and a respiratory virus. The family was released shortly after filing the petition.

  • In December 2026, the Marcano family was detained after a routine ICE appointment.
  • The family was held at the Dilley immigration detention center for 60 days.
  • The family's first court date is scheduled for 2027.

The players

Khelin Marcano

A mother who was detained with her husband and 1-year-old daughter at the Dilley immigration detention center.

Stiven Prieto

The father of the Marcano family, who was detained with his wife and daughter.

Amalia

The 1-year-old daughter of Khelin Marcano and Stiven Prieto, who developed a fever and respiratory issues while in detention.

Elora Mukherjee

The attorney representing the Marcano family.

Department of Homeland Security

The government agency responsible for the detention of the Marcano family.

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What they’re saying

“Children and families at the Dilley facility don't have access to sufficient clean drinking water, where they don't have access to sufficient nutritious food, [and] don't have access to adequate medical care.”

— Elora Mukherjee, Family's attorney (ABC News)

“The doctor told me that fever was a good sign because it meant she was actively fighting a virus. I got really upset … and told her that whatever the case was, a fever is not a good thing. If she didn't know that fever could kill people, or that fever could cause convulsions, fever would never be good.”

— Khelin Marcano (ABC News)

“They took her treatment away. Why does this happen to us if we have done everything right? I was begging the officers to please help me get out of there, and no one listened to me.”

— Khelin Marcano (ABC News)

What’s next

The judge in the case will decide on whether to allow the Marcano family to remain in the country while their asylum case is processed.

The takeaway

This case highlights the ongoing concerns about the prolonged detention of children and families seeking asylum, which advocates argue violates legal protections and can have long-term negative effects on vulnerable populations. It raises questions about the treatment of immigrants in custody and the need for reforms to ensure the humane treatment of those seeking refuge in the United States.