Lawyers for a Guatemalan mother detained by US Immigration and Customs Enforcement (ICE) on May 19, 2026, have filed a habeas corpus petition asking a US federal court to order her release. The woman, identified by the pseudonym Maria Perez, was still nursing her 10-month-old daughter and also cared for a 2-year-old son with Down syndrome and heart problems, her legal team said.
WSMV reported that Perez's lawyers filed the petition first in Tennessee and then pursued it in Louisiana after ICE transferred her there. The lawyers argue that the detention conflicts with ICE Directive 11032.4, while the US Department of Homeland Security (DHS), which oversees ICE, says agents detained her while serving a federal warrant at her home.
The ICE directive generally limits detention
Those circumstances include national security concerns or an imminent risk of death, violence or physical harm, according to the directive as reproduced by WSMV. The policy also requires supervisory review of detention decisions and health monitoring when ICE holds a pregnant, postpartum or nursing person. It is agency guidance, and the court had not determined whether it required Perez's release.
Children remained with a neighbor
Perez's lawyers said agents detained her in the Antioch area of Nashville as she put her children in a car for a medical appointment. They said a neighbor then took responsibility for the children and that no government agency or formal placement arrangement was involved.
NewsChannel 5 reported that the 10-month-old daughter had been breastfeeding and that the 2-year-old son needed continuing medical care and therapy. The report attributed those details to Sanctuary of the South, a US legal services organization, and the Tennessee Immigrant and Refugee Rights Coalition, a US immigrant advocacy group.
The parties give different accounts of the arrest
Perez's lawyer Katie Blankenship said ICE agents had gone to the home with an administrative warrant for Perez's husband and lacked a warrant or probable cause to arrest Perez. DHS gave a different account, saying agents detained Perez while serving a federal warrant at the residence and that she chose to leave the children with an adult who was present.
NewsChannel 9 reported that DHS cited previous allegations that Perez had falsely claimed US citizenship but declined to provide details of the warrant because it was tied to an investigation. The outlet also reported DHS's claim that US Customs and Border Protection arrested Perez after she entered the country through the southern border on May 18, 2022. Her lawyers say she has no criminal history and is seeking asylum based on domestic violence in Guatemala.
The habeas case is one of several legal tracks
Perez's lawyers sought release through a habeas corpus petition, which allows a detained person to ask a court to examine the legal basis for confinement. NewsChannel 9 reported that the petition moved from Tennessee to Louisiana because such a challenge must be filed in the federal judicial district where the person is held.
The legal team was also pursuing Perez's asylum application, humanitarian parole requests and an administrative civil-rights complaint. Her lawyer said an immigration court date was scheduled for late August 2026 to present the asylum claim. That hearing was separate from the unresolved habeas challenge over her detention.
Frequently asked questions
Does ICE policy prohibit every detention of a nursing person?
No. Directive 11032.4 says ICE generally should not detain a person known to be pregnant, postpartum or nursing for an administrative immigration violation, but it permits detention when release is prohibited by law or exceptional circumstances exist.
Why do Perez's lawyers say her detention violates the directive?
They say she was nursing, had no criminal history and did not present a national security concern or imminent risk of harm. A court had not decided whether the policy applies to her circumstances.
What does the US government allege?
DHS said agents detained Perez while serving a federal warrant and cited previous allegations that she falsely claimed US citizenship. It did not disclose the warrant or give details of those allegations in the published reports.
What happened to her children?
Her lawyers and advocates said a neighbor took in the 10-month-old daughter and 2-year-old son after the arrest. DHS said Perez left them with another adult at the home.
