Federal judges are questioning the Department of Homeland Security after government lawyers said the agency was "unable to identify" any reason it had detained a nursing immigrant mother, a statement that has intensified judicial scrutiny of how immigration authorities handle pregnant and postpartum detainees.
The disclosure came during a recent case in Wisconsin in which a judge asked why a woman with a six-month-old child had been taken into custody. Justice Department attorneys said they consulted DHS and could not determine a justification for her detention. The episode is part of a broader pattern cited by courts reviewing cases involving pregnant or nursing women held by Immigration and Customs Enforcement.
