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Boy, 4, With Cancer Deported by ICE Despite Being US Citizen, Lawsuit Says

Thomas Smith
5 Min Read

A federal lawsuit filed in Louisiana claims that U.S. Immigration and Customs Enforcement (ICE) deported a 4-year-old U.S. citizen boy with stage IV kidney cancer, along with his mother and sister, to Honduras in April 2025.

The complaint argues that the deportation was carried out without proper notice, legal counsel, or arrangements for the child’s ongoing medical treatment.

Why It Matters

ICE has faced mounting criticism over its enforcement practices, particularly as President Donald Trump has expanded arrests to fulfill his pledge of mass deportations. This case adds to questions about the legality and human toll of those actions.

What To Know

The boy and his 7-year-old sister—both U.S. citizens born in Louisiana—were deported with their 25-year-old mother, a Honduran citizen, on April 25, according to the lawsuit filed in the Middle District of Louisiana on July 31. Court documents use pseudonyms, identifying the children as “Romeo” and “Ruby” and their mother as “Rosario.”

At the time, Romeo was receiving what his attorneys described as “life-saving” cancer treatment at a New Orleans children’s hospital, following a diagnosis at age 2.

“It has been scary and overwhelming,” Rosario said in a press release.

Her attorneys wrote that ICE’s actions deprived Romeo of critical continuity of care, exposing him to “substantial health risks” by cutting him off from the specialized emergency and routine oncological treatment he had in the United States.

According to the complaint, the family was detained during a routine ICE check-in and later taken to an airport for deportation. The filing claims Rosario was unaware that her attorney was trying to reach her and that her husband was seeking custody of Ruby.

The family was allegedly held in a van for about five hours with no communication and later returned to a hotel, still unable to contact anyone. The lawsuit argues that ICE did not allow the family to make arrangements for the children’s care before deporting them, despite Romeo’s serious medical condition.

The lawsuit, brought by the National Immigration Project, Gibson Dunn, Most & Associates, and Ware Immigration, also represents another family reportedly deported under similar circumstances that same day.

That second family includes “Julia,” a 30-year-old Honduran mother, and her daughters “Jade,” age 2, a U.S. citizen born in Baton Rouge, and “Janelle,” age 11, a Honduran citizen. The suit says ICE denied both Julia and Rosario the chance to decide whether their U.S. citizen children would remain in the United States or leave with them.

A Department of Homeland Security spokesperson, Tricia McLaughlin, pushed back on the claims, telling Newsweek:

“This is false and irresponsible. Rather than separate their families, ICE asked the mothers if they wanted to be removed with their children or have ICE place the children with a safe guardian of their choice. The parents chose to take their children back to Honduras. ICE ensures medical care is available in the country of removal and prioritizes the health and safety of all detainees.”

The case, J.L.V. v. Acuna, names Attorney General Pam Bondi, the Department of Homeland Security, DHS Secretary Kristi Noem, ICE, ICE Director Todd Lyons, and several ICE field office officials in New Orleans as defendants. The lawsuit demands the family’s immediate return to the U.S., recognition of their legal rights, and damages.

Media outlets have noted conflicting reports about the boy’s age. While many describe him as 5, court filings state he was 4 years old at the time of deportation.

What People Are Saying

DHS Assistant Secretary Tricia McLaughlin reiterated that parents “can take control of their departure” and claimed the Trump administration’s CBP Home App allows families to “self-deport” with the possibility of returning legally in the future.

Stephanie Alvarez-Jones, an attorney with the National Immigration Project, told McClatchy News: “ICE put these families through a series of incredibly traumatizing experiences, taking actions that are shocking from a human perspective and illegal even by ICE’s own standards.”

In her own statement, Rosario described life since deportation as “devastating,” adding that her daughter has struggled with anxiety and illness, while she herself was diagnosed with high anxiety and prescribed medication for stress.

Sirine Shebaya, executive director of the National Immigration Project, called ICE’s actions “unlawful, cruel, and a complete disregard for family values and the well-being of children.”

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