The toddler was returned to ICE custody and was denied medication, according to the complaint.

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An 18-month-old baby girl who had been detained by immigration authorities for several weeks was detained and denied medication after being hospitalized with a life-threatening respiratory illness, according to a lawsuit filed in federal court in Texas.

The child, identified in the lawsuit as “Amalia,” was released by immigration authorities under President Donald Trump’s administration after her parents filed suit on Friday, February 6. His parents, who were also detained, were released as well. The lawsuit sought the release of all three.

According to the complaint, the family was detained during an immigration check-in on Dec. 11 and held at a facility in Dilley, Texas. Amalia was hospitalized from Jan. 18 to Jan. 28 and returned to the Dilley facility during the measles outbreak, according to the complaint.

“Amalia should never have been detained. She almost died in Dilli,” said Elora Mukherjee, the family’s lawyer.

Mukherjee said hundreds of children and families detained in Diri lacked adequate drinking water, healthy food, educational opportunities and proper medical care and should be released.

The Department of Homeland Security did not immediately respond to Reuters’ request for comment on Saturday, February 7, but USA TODAY has reached out to DHS for comment.

NBC News first reported on the lawsuit.

Lawsuit claims child was hospitalized with respiratory problems

According to the complaint, Amalia’s parents are from Venezuela and have lived in the United States since 2024 with their Mexican daughter. All three intend to file asylum claims in the United States, according to the complaint.

On January 1, Amalia developed a fever of 104 degrees, began vomiting frequently and had difficulty breathing, according to the complaint.

She was taken to the hospital on Jan. 18 with critically low oxygen saturation and diagnosed with COVID-19, respiratory syncytial virus, viral bronchitis and pneumonia, according to the complaint. She received supplemental oxygen.

Amalia was given a nebulizer and respiratory medication when she was discharged from the hospital, but these were taken away by detention center staff when she returned home, according to the complaint. According to the complaint, the girl had lost 10 percent of her weight and was given energy drinks to help her regain weight, but these were also confiscated by authorities.

Trump administration faces intense scrutiny over immigration strategy

The Trump administration has been accused of high-handed and inhumane tactics, as well as violating court orders while carrying out its mass deportation plan.

A federal judge in Michigan criticized the administration in a ruling that ordered the release of a 5-year-old boy detained by immigration officials in Minnesota. The boy was pictured outside his home wearing a blue bunny hat while federal agents stood nearby in a photo that went viral. The government is now seeking to deport the boy.

(Reporting by Jack Queen in New York; Editing by Sergio Nonn and Will Dunham)

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