Ohio Mom Seeks Justice: Lawsuit Aims to Keep Her Autistic Son and Stay in the USA

A pregnant Mexican mother in Ohio sued the Trump administration this week, arguing that her potential deportation would violate the rights of her U.S. citizen son, a 9-year-old with autism, as well as those of her unborn child.

Carmen G. Guerrero Sandoval, who was apparently denied asylum Five years ago, she entered a state of legal "limbo" and has remained there since then, according to her attorney, George Katchmer. The Independent. Sandoval was instructed to report to Immigration and Customs Enforcement on June 3rd.

While there's no guarantee that she will be arrested when meeting with immigration officials, Katchmer stated this possibility exists. However, motivated by these circumstances, Sandoval decided to file the lawsuit. a raft of instances where immigration officers apprehended migrants during their lawful appointments .

"People have been attending these meetings only to be apprehended," Katchmer stated.

The suit, filed in Ohio federal court on Monday, argues that any potential removal would infringe on the rights of Sandoval’s children.

According to Ohio legislation, fetuses are regarded as individuals under the law, and residents within the state have the right to take legal action if governmental actions interfere with familial relationships contrary to what is deemed best for the child.

Sandoval’s son receives specific support for his special educational needs at his Columbus public school, which the complaint states is not provided in Mexico.

The complaint further states that taking away Sandoval would infringe upon her son’s right to due process and constitute an unconstitutional form of cruel and unusual punishment. Additionally, it alleges this action would involve discriminatory treatment of the child based on his ethnic background.

This also brings up the question of what rights Sandoval’s child, expected in October, has in this scenario.

The United States Supreme Court is currently considering legal challenges Regarding the efforts by the Trump administration to abolish constitutional guarantees of birthright citizenship for everyone born in the United States, irrespective of their parents' immigration status.

Regarding the Ohio lawsuit, the Justice Department referred to a case involving a minor who filed a similar claim to contest the removal of his father—a green card holder from Pakistan—wherein government attorneys argue that courts dismissed this challenge as it could open up a "loophole" within immigration laws.

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