Full Breakdown
ICE Re-Detention Defies Court Order, Father Misses Birth of Son
5/18/2026, 11:11:52 PM
Court Order Ignored, Father Detained During Birth
On May 1 2024, U.S. Magistrate Judge Karen E. Scott ordered the immediate release of Freddy Cortez Lugos, a Guatemalan on humanitarian parole, after ICE re-detained him during a routine check-in. ICE kept him at Adelanto until the evening of May 4, causing him to miss his son Izaan’s birth on May 1.
Legal Context
Cortez Lugos entered via CBP One in 2024, received humanitarian parole, and under his supervision program, re-detention requires written notice and a hearing.
Key Players
Freddy Cortez Lugos, the detained Guatemalan; Judge Karen E. Scott, who issued the release order; a DHS spokesperson; and family member Kimberly Barajas.
Timeline
- April 14 2024 – Arrest for 12 alleged check-in violations.
- May 1 2024 – Judge orders release; partner goes into labor.
- May 1 2024 – Son Izaan born, 6 lb 12 oz.
- May 4 2024 – Release after family reports continued detention.
- May 5 2024 – Court-ordered status report due.
Data Snapshot
ICE cited 12 alleged violations; the newborn weighed 6 lb 12 oz; detention lasted three days beyond the May 1 order.
Impact & Significance
The three-day delay overlapped with labor, which doctors linked to stress, and raised concerns that ICE ignored due-process obligations.
Official Statements
Judge Scott ordered ICE to give written notice, a hearing, and a compliance report by May 5. DHS said ICE released Cortez Lugos once the order was received. ICE told the family no order had arrived.
Criticism & Opposition
Family members accuse ICE of disregarding the magistrate’s directive and offering no explanation. Advocacy groups argue the case shows systemic failure to honor court-mandated due-process rights.
On-the-Ground Account
Kimberly Barajas said she visited the facility; an ICE officer replied, “he had no court order and no attorney assigned to Freddy’s case so he couldn’t help me,” and staff rebuffed her.
Conflicting Reports & Gaps
The court order required release on May 1, but the family saw detention until May 4. ICE claimed it never received the order; DHS said it did. No public record shows when ICE obtained the directive.
Verbatim Quotes
- “I went over ... to talk to the ICE officer, and the officer said he had no court order and he had no attorney assigned to Freddy's case so he couldn't help me. I had the court order in my hands, and the ICE officer would still not answer all my questions,” — Kimberly Barajas, sister of Cortez Lugos’ partner
- “Cortez-Lugos was ordered released from ICE custody, and he was released as soon as ICE was notified to do so,” — DHS spokesperson
- “Even if that classification applied, the judge wrote, due process would still require ICE to provide notice and an opportunity to be heard before returning him to custody.” — Judge Karen E. Scott
- “Scott also barred re-detention without written notice and a pre-detention hearing before a neutral decision-maker.” — Judge Karen E. Scott
What’s Next
ICE must file a compliance report by May 5; the court may impose sanctions if timely release is not demonstrated.
