ORLANDO, Fla. — Twelve year-old twin girls born in Orlando were placed on a deportation flight to Guatemala with their mother despite a federal court order blocking their removal, according to a legal filing and the family’s attorney.
Immigration attorney Laura S. Hernandez of Northstead Law, filed an emergency petition in federal court after the children were taken into custody during a scheduled immigration appointment at an ICE office in Orlando.
The case is now pending in the United States District Court for the Middle District of Florida.
According to the filing, the children, 12-year-old twin sisters identified in court records as A.E.T.M. and A.E.T.M., are natural-born U.S. citizens who were born in Orlando in 2013.
Their mother, Marly Carolina Morataya Zepeda, is a Guatemalan national facing immigration proceedings.
Taken from grandmother
On March 9th, ICE mailed the mother a call-in letter directing her to appear at the Orlando Enforcement and Removal Operations office with her children and documents that afternoon, according to the attorney’s filing.
The girls’ grandmother, a lawful permanent resident, had been waiting in the parking lot with the children when an ICE officer directed her to bring them inside.
Once inside, the attorney alleges the children were taken into custody without a warrant and without explanation of the legal authority for their detention.
Emergency court order
Attorney Laura Hernandez immediately filed a petition for writ of habeas corpus and requested an emergency restraining order.
According to court records, a federal judge issued a temporary restraining order at 9:46 a.m. on March 10 prohibiting the removal of the children from the United States.
Despite the order, the attorney alleges the family was placed on a deportation flight to Guatemala later that same morning.
However, before the plane landed in Guatemala, attorney Hernandez’s petition had already been executed. The swift reaction of the attorney forced the family to be returned to the United States the same day, according to the filing.
“They saw people in chains.”
Hernandez said the experience was deeply traumatic for the children. Hernandez told The Florida Sun the children were traumatized after witnessing the conditions of detainees during the deportation flight.
“They saw people in chains.” Hernandez said.
The attorney said the girls were forced to remain seated upright during the flight and later complained of back pain.
The children are also receiving support after witnessing their mother being fitted with a GPS ankle monitor upon her return to the United States.
Why this could become a landmark case
This lawsuit has all the makings of a landmark case.
The lawsuit argues immigration authorities lack legal authority to detain U.S. citizens.
Federal immigration law allows detention of noncitizens but does not authorize holding American citizens in civil immigration custody, according to the petition.
The filing also alleges the deportation occurred after the federal court issued its restraining order, raising the possibility of contempt proceedings.
The court has ordered ICE leadership to explain under oath who authorized the flight.
Some legal experts agree the lawsuit could have implications far beyond one family. If a federal court determines that immigration authorities detained and deported U.S. citizen children without legal authority or in violation of a court order, the ruling could clarify the limits of federal immigration enforcement when American citizens are involved. Advocates say the case also raises broader questions about how immigration policies are applied to mixed-status families, particularly when U.S.-born children accompany parents facing removal. Depending on how the court rules, the case could influence future enforcement practices and prompt greater oversight of how federal agencies handle situations involving citizen children.
Broader implications
Hernandez says the case raises concerns about whether similar incidents may have occurred elsewhere. “We need to know how something like this could happen,” Hernandez said.
As the legal battle moves forward, Hernandez said the focus remains on helping the girls recover from the experience. The twins, who have intellectual disabilities and receive specialized education services, are now back home with their family in Orlando. But the attorney said the emotional impact of what they witnessed, detainees in chains, their mother placed in restraints, and the fear of being sent to another country, may take time to overcome.
The children have since returned home to Orlando, where their mother is now under GPS monitoring while immigration proceedings continue.
