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Reading: “She Nearly Died” — ICE Under Fire for Returning Hospitalized Toddler to Custody and Withholding Medication
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News

“She Nearly Died” — ICE Under Fire for Returning Hospitalized Toddler to Custody and Withholding Medication

Published on: February 8, 2026 at 7:45 AM ET

18-month-old girl sent back to detention by ICE after hospitalization.

Muskan Jaiswal
Written By Muskan Jaiswal
News Writer
Barsha Roy
Edited By Barsha Roy
News Writer
ICE sends toddler back to custody without medication after hospitalization
Toddler's family files lawsuit after ICE sends her back to custody after hospitalization (Image Credit: Wikimedia Commons)

An 18-month-old girl who was detained by the U.S. Immigration and Customs Enforcement (ICE) was sent back to custody after a long hospital stay.

According to the federal lawsuit filed this week in Texas, she was also denied necessary medications. The case has once again shed light on the concerns about the treatment of young children in immigration detention facilities under President Donald Trump’s administration.

The child, named Amalia, had been held along with her parents at the Dilley family detention centre in South Texas since December 11, 2025, as per the lawsuit filed.

According to Reuters, the facility, which is located near San Antonio, has previously faced criticism for poor conditions and a measles outbreak among detainees.

Amalia started to suffer medically in January. According to the legal entries, she developed a high fever on January 1, reaching 104 degrees Fahrenheit (40°C). Additionally, she had difficulty in breathing and was also vomiting frequently.

The toddler was then taken to the hospital in San Antonio, after her blood oxygen levels dropped dangerously low. There, she was diagnosed with multiple conditions including COVID-19, respiratory syncytial virus (RSV), viral bronchitis and pneumonia.

She was treated for 10 days, and kept on oxygen supplement for rapid recovery.

A toddler, Amalia, was released from a Texas detention center due to medical neglect amid horrific conditions. ⚖️

Many families face severe mistreatment, leading to rising concerns about immigration policies and human rights. 🚨 pic.twitter.com/f5afqOGPPJ

— unumihai Media (@unumihaimedia) February 8, 2026

Despite her fragile medical conditions, the lawsuit stated that Amalia was returned to the Dilley detention facility after her discharge. Medical staff provided her with a nebulizer, prescribed respiratory medication and nutritional supplements for her speedy recovery.

However, all these items were confiscated upon her return. The suit further claims that the girl lost 10% of her body weight and was only given nutritional drinks instead.

“Baby Amalia should never have been detained. She nearly died at Dilley,” said Elora Mukherjee, an attorney who filed the lawsuit in the U.S. District Court in Texas.

She shared that several children and parents lack access to clean water, healthy food, education, and medical care at the Dilley family detention centre.

As per reports, the family stayed in ICE detention for nine days after Amalia’s return from the hospital. Their lawyers filed an emergency habeas corpus petition on Feb. 6, 2026, challenging the medical situation of the little child.

On the same day, the ICE authorities released Amalia and her family, who are originally from Venezuela, and have been in the U.S. since 2024. The child is Mexican, and will apply for an asylum in the U.S. along with her parents. 

Update from El Gamal family:

Yesterday marked 8 months of detention at Dilley. A tragic milestone. The kids (ages 5, 5, 9, 16 and 18) have begun skipping meals out of depression. The 9 year old says she wishes she was dead. Whole family crying on the phone begging for release.

— Eric Lee (@EricLeeAtty) February 5, 2026

Immigration advocates and paediatrics have previously shared that keeping toddlers in detention could impact their health. This is bound to happen especially when detention centres are crowded and have poor sanitization.

A similar case raised eyebrows when a 5-year-old boy, Liam, from Minnesota was detained with his father. He was also detained by ICE, and the case went viral soon. 

Legal experts say the case highlights the growing debates over immigration enforcement policies and the treatment of vulnerable populations by ICE.

TAGGED:ICEImmigration and Customs Enforcement
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