Incident Details
Any Lucía López Belloza, a 19-year-old freshman at Babson College, was detained on November 20 and deported to Honduras on November 22. This occurred despite an emergency court order issued on November 21, which directed the government to keep her in Massachusetts or elsewhere in the United States for at least 72 hours for legal processes. López Belloza's family emigrated from Honduras in 2014. She is currently residing with grandparents and studying remotely.
Government's Stance and Apology
At a federal court hearing in Boston, the government admitted it violated the judge's order and apologized for a "mistake." Assistant US Attorney Mark Sauter stated that an ICE deportation officer mistakenly believed the order no longer applied and failed to activate a system that would alert other ICE officers to halt the removal. The officer also admitted in a declaration that he did not notify the Port Isabel enforcement office to cancel the removal mission, believing the order was not applicable once López Belloza left Massachusetts. The government maintained that the deportation was lawful because an immigration judge ordered her and her mother's removal in 2016, and their appeal was dismissed in 2017.
Legal Arguments
Lawyers for López Belloza argued that the government's actions deprived her of due process, as she was deported in clear violation of the November 21 court order. Her lawyer, Todd Pomerleau, filed papers asking the judge to order the government to devise a plan for her return to the U.S. The government argued the court lacks jurisdiction, as her lawyers filed their action several hours after she was en route out of the U.S.
Judge's Comments
Federal Judge Richard Stearns acknowledged the government's apology for the "tragic" bureaucratic mistake but appeared to rule out holding the government in contempt, noting the violation did not seem intentional. He also questioned his jurisdiction over the case and suggested López Belloza could explore applying for a student visa.