According to the attorney representing the woman's husband and children’s father, the mother, her twin infants, and two other children were arrested and deported to Mexico after she missed a scheduled hearing while recovering from an emergency C-section.
The twins were born in September. Initial media reports suggested that the mother, the twins, and two other children were all deported. However, Immigration and Customs Enforcement (ICE) clarified to NBC News that only the mother, Cristina Geraldyn Salazar-Hinojosa, 23, was deported, emphasizing that ICE does not deport U.S. citizens.
"ICE does not deport U.S. citizens. Any decision for minors with U.S. citizenship to depart the U.S. with their parents is up to the parents,” an ICE spokesperson stated.
The children's father, Federico Arellano, is a U.S. citizen.
Salazar-Hinojosa was scheduled for an immigration hearing but had to postpone it due to her emergency C-section, according to WOAI in San Antonio. ICE claimed she entered the U.S. illegally on June 28 through the Rio Grande Valley area. She was released the following day under the Alternatives to Detention program, pending her immigration proceedings. ICE alleged that Salazar-Hinojosa missed her October 9 hearing and was subsequently ordered removed by a judge from the Justice Department's Executive Office for Immigration Review. The Department of Justice did not respond to a request for comment.
Isaias Torres, the attorney for Salazar-Hinojosa’s husband, told WOAI that the case should not have escalated this far, pointing out that legal options were available that weren’t pursued. Torres did not immediately respond to NBC News’ request for comment. He told KHOU in Houston that Salazar-Hinojosa missed the hearing because her doctors advised her to stay home for recovery. The family had notified the court, which indicated that the hearing would be rescheduled. Later, they were instructed to report to a Houston-area office for a case review but were arrested upon arrival, according to Torres.
Arellano attempted to explain the situation to ICE agents, but his efforts were reportedly prevented by the authorities, according to the attorneys. “They were shocked and surprised that they were separated,” Torres added.
President Joe Biden has faced criticism from Republicans who argue that his policies have contributed to an open border and increased illegal immigration. However, in June, the Migration Policy Institute reported that deportations under Biden’s administration were on track to exceed those during Donald Trump's first term.
Trump, who campaigned on conducting the largest mass deportation operation in U.S. history, appointed Tim Homan to lead ICE. Homan stated that under Trump's plan, the only way to avoid family separations was to “send them all back.”
People born in the United States—except for children of certain foreign diplomats—are guaranteed U.S. citizenship under the Constitution, regardless of their parents' immigration status. Trump has recently expressed interest in ending this guarantee.
A 2021 report by the Government Accountability Office (GAO) found that over a five-year period, ICE arrested 674 individuals, detained 121, and removed 70 people who were potentially U.S. citizens. The GAO also noted that ICE did not maintain sufficient records on U.S. citizen deportations at the time.
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