A lawsuit alleging that Immigration and Customs Enforcement (ICE) deported a U.S. citizen child has been dismissed after its central claims unraveled under scrutiny. Department of Homeland Security (DHS) officials presented compelling evidence that Lopez-Villela voluntarily chose to take her U.S.-born daughter upon her removal. Can misleading narratives spark false investigations?
False Claims Exposed as Lawsuit Collapses
The ACLU-supported lawsuit against the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) has been officially dropped after its central allegation—that authorities had deported a U.S. citizen—was proven false. The legal action, filed by the National Immigration Project, claimed that ICE had unlawfully deported a 2-year-old American child along with her mother, Jenny Carolina Lopez-Villela, and an 11-year-old sister.
Government documents revealed that Lopez-Villela had entered the United States illegally three times and was under a final deportation order issued in March 2020. DHS presented a signed letter from Lopez-Villela explicitly stating, “I, Jenny Carolina Lopez [Villela], will bring my daughter, Valentina Mendez Lopez, with me to Honduras,” demonstrating that the mother voluntarily chose to keep her American child with her rather than leave her behind.
🧵The narrative that DHS is deporting American children is FALSE and irresponsible reporting.
The claim that U.S. citizen children are being deported is FALSE. pic.twitter.com/rqAPKnEAWR
— Homeland Security (@DHSgov) May 10, 2025
Immigration Enforcement Protocols Clarified
The case shed light on ICE’s established protocols for handling situations involving U.S. citizen children of parents facing deportation. According to DHS officials, parents in removal proceedings are given options: they can take their children with them or designate a qualified custodian in the United States to care for them.
In Lopez-Villela’s situation, court records showed that two individuals offered to serve as custodians for the 2-year-old American child, but neither could verify their identities to authorities. The government argued in its response that “Taking [her] away from her mother and placing her in the custody of individuals who are seemingly unprepared to establish their identities would pose a greater risk of harm,” highlighting the complex balance between family unity and child welfare considerations.
Parents, who are here illegally, can take control of their departure.
Through the CBP Home App— the Trump Administration is giving parents illegally in the country a chance to take full control of their departure and self-deport, with the potential ability to return the legal,… pic.twitter.com/oycmCnA2T7
— Homeland Security (@DHSgov) May 10, 2025
DHS Refutes Deportation Narrative
Assistant Secretary Tricia McLaughlin issued a strong rebuke of the claims made in the lawsuit, stating, “This ACLU-backed lawsuit was based on the false claims that DHS deported a U.S. citizen. The truth is, and has always been, that the mother—who was in the country illegally—chose to bring her 2-year-old with her to Honduras when she was removed.”
The agency emphasized its commitment to family unity while enforcing immigration laws, noting that it provides tools like the CBP One app to help removed individuals potentially return through legal channels. DHS further challenged media portrayals of the situation, asserting that “the narrative that DHS is deporting American children is false and irresponsible reporting,” and underscoring the distinction between a parent choosing to take their U.S. citizen child when departing versus actual deportation of an American citizen.
The National Immigration Project, which filed the original lawsuit, is affiliated with the National Lawyers Guild, an organization known for representing alleged leftist protesters. Despite DHS statements referencing ACLU involvement, court records only showed the National Immigration Project as the plaintiff in the case.