Guatemalan woman in immigration custody gives birth in Tucson

A Guatemalan woman, who recently crossed the U.S.-Mexico border without authorization, gave birth at Tucson Medical Center Wednesday night and might have to choose whether to be deported with or without her newborn, who is a U.S. citizen.

Activist and immigration attorney Luis Campos says both the new mother and her family said she wanted access to an attorney, but that immigration officers posted outside her hospital room would not allow him access.

“So effectively denying her due-process rights to counsel. So she does have a constitutional right to due process, and that includes a right to counsel, and that's patently clear within the law.”

Campos said the woman crossed the border earlier this week and is a victim of violence and came to the U.S. to seek asylum.

She is likely facing expedited removal from the country.

The Arizona Daily Star, who first reported the story Thursday, reported Customs and Border Protection spokesperson John Mennell said the mother will be given the choice of whether or not to take her baby with her once she is deported.

Friday evening a Customs and Border Protection spokesperson issued a statement saying the mother was discharged today, has not yet been formally processed and that no formal proceedings have commenced.

“Under U.S. law, there is no statutory right to an attorney in immigration proceedings until a Notice to Appear has been issued,” the statement said. “Once her processing is complete and an [Notice to Appear] is issued, she will be given the opportunity to contact an attorney. At all times, agents followed the law and adhered to CBP procedures. No entitlements were denied.”

A Notice to Appear is issued by U.S. immigration authorities to notify a non-citizen that removal proceedings have been initiated against them.

Campos says a Department of Homeland Security lawyer said once the woman is being officially processed by immigration officials they would allow her access to her attorney.