An undocumented, pregnant woman detained by federal immigration agents last month is being deported.
U.S. Customs and Border Patrol confirmed Friday that she has been transferred out of New York state and is being removed to Venezuela. An immigration court judge had previously ordered her removal, which was to have occurred in 2024, according to the agency.
The removal order was filed June 27, 2024, according to border patrol.
The woman’s name and age has not been released, and it was not certain how far along she is in her pregnancy. She was detained on Feb. 25, but taken to Rochester General Hospital soon after with possible complications involving the pregnancy. Once cleared a day or so later, she was moved to the border patrol’s Irondequoit facility but since has been transferred out of New York state, according to the agency, and is being removed from the country.
WXXI News reported on her case last month amid an outcry from immigration advocates in the area.
Lawyers have alleged as recently as Monday that federal agents were not allowing access to speak with the woman.
"That somebody didn't ever have a chance to speak with an attorney about legal choices, that is scary," said Irene Sanchez, executive director of the WNY Coalition of Farmworker Serving Agencies. "Even if it is to say, 'You have no choice.' But somebody who is residing in the United States of America should have the right to speak with an attorney."
A removal order can be appealed within 30 days, and allows 90 days for Immigration and Customs Enforcement to deport someone, though that process often takes longer. In this case, Sanchez said she understood the woman missed her court date for unknown reasons, and the removal order was entered. Whether she could petition to reopen the case at this point is unclear.
Messages left with lawyers seeking to assist with her case were not immediately returned.
The woman has two children, who Sanchez said are still in the country and staying with a family member.
Border patrol brought the woman to RGH on the morning of Feb. 26. She was taken to labor and delivery, and agents were stationed in the unit during “the triage process,” RGH President and COO Tammy Snyder wrote to hospital staffers the next day in an email obtained by WXXI News. In the email, Snyder recounted that patients in custody do not have the same visitation rights as other patients, and it was border patrol that denied lawyers access.
“We are required to follow the directives of the law enforcement agency holding custody of the patient, and our team adhered to these instructions,” Snyder wrote.
The email concludes with thanks and appreciation to staffers involved.
“I want to make it clear that I am incredibly proud of how our team handled this challenging situation. You showed professionalism, compassion, and respect in caring for the patient, which is at the core of our mission,” she wrote. “Regardless of our personal views on the national issue, we have a responsibility to follow our established protocols and navigate the complex intersection of patient privacy, law enforcement, and our commitment to treating all patients with dignity and care.”
