« Any possible or anticipated removal or transfer of Petitioners under this present detention is prohibited, » the judge wrote in his order.
A screenshot of U.S. District Judge Fred Biery Jan. 31 order.
U.S. District Court for the Western District of Texas, San Antonio Division
The boy was apprehended by immigration officials shortly after arriving home from preschool while his father was in their driveway, school officials said last week.
Judge blocks removal of 5-year-old detained by ICE in Minnesota
Both were taken to a federal detention facility in Texas.
They had a pending asylum case but no order of deportation directing that they be removed from the United States, ABC News previously reported.
The Department of Homeland Security alleged the father abandoned his son when federal agents approached to arrest him. However, that account differs from what the family’s attorney and schools officials said occurred.
« Another adult living in the home was outside and begged the agents to let them take care of the small child, but was refused, » officials from Conejo Ramos’ school said.
In a statement after the judge’s ruling on Saturday, DHS Assistant Secretary Tricia McLaughlin said, « The facts in this case have NOT changed: ICE did NOT target or arrest a child. On January 20, ICE conducted a targeted operation to arrest Adrian Alexander Conejo Arias an illegal alien from Ecuador who was RELEASED into the U.S. by the Biden administration. As agents approached, Adrian Alexander Conejo Arias fled on foot–abandoning his child. For the child’s safety, one of our ICE officers remained with the child while the other officers apprehended Conejo Arias. »
The DHS statement went on to say: « Our officers made multiple attempts to get the alleged mother who was inside the house to take custody of her child. Officers even assured her she would NOT be taken her into custody. The alleged mother refused to accept custody of the child. The father told officers he wanted the child to remain with him. »
