A mother and her two young kids are fighting for their release from a Texas immigration detention center in what is believed to be the first lawsuit involving children challenging the Trump administration's policy on immigrant arrests at courthouses. The lawsuit filed Tuesday argues that the family's arrests after fleeing Honduras and entering the U.S. legally using a Biden-era appointment app violate the family’s Fourth Amendment right to be free from unreasonable searches and seizure and their Fifth Amendment right to due process. “The big picture is that the executive branch cannot seize people, arrest people, detain people indefinitely when they are complying with exactly what our government has required of them,” said Columbia Law School professor Elora Mukherjee, one of the lawyers representing the family.
Family files for release in lawsuit considered first involving children challenging arrests at court