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Nursing mother in ICE custody in Minnesota to be released from detention, judge rules

Nursing mother in ICE custody in Minnesota to be released from detention, judge rules
Inside *** federal courtroom in St. Paul, the crowd erupted into applause after *** judge sided with 2 six-year-old Antonia Aguilar Maldonado and ordered that she be free from ICE custody on bond while her case moves forward. She read her ruling from the bench, *** move legal experts say is rare. We're feeling very relieved that the judge made the right decision in this case. Her attorneys argued her detention is unlawful. She was arrested on July 17. And later that month, an immigration judge said she could be released on bond, but then ICE filed an automatic stay to keep her in the Candiohi County Jail despite no criminal history prompting the court challenge. Her attorneys say she suffered emotional and mental distress being apart from her young children and physical harm because she couldn't lactate on *** set schedule or in sanitary conditions. She is nursing the youngest of her two US citizen children. He's allergic to other forms of milk and so unfortunately this baby has been without his mother's milk now for 26 days, and she wants to get to him right away and start nursing. Her release expected Wednesday. The courtroom was packed with her supporters, including her friend Thelma Vides. It's just amazing what God can do to get her out where it was not *** possibility. That's what. It just kept going up and down and up and down. It's been *** roller coaster all these 3 weeks. Vita says she spoke with Aguilar Maldonado after the hearing, and she's overcome with emotion, knowing she'll be reunited with her kids. Their church raised money to help pay her bond. *** lot of people can relate to. To Miss Aguilar Maldonado's situation and to her story. And there are folks here who knew her and folks here who don't know her. Um, and I think it was really beautiful to see so many people, so many Minnesotans showing their support for *** young mother who does not need to be detained.
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Updated: 1:11 PM CDT Aug 13, 2025
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Nursing mother in ICE custody in Minnesota to be released from detention, judge rules
CNN logo
Updated: 1:11 PM CDT Aug 13, 2025
Editorial Standards
A nursing mother who has spent more than three weeks in U.S. Immigration and Customs Enforcement custody will soon be reunited with her children following a federal judge's ruling on Tuesday.Antonia Aguilar Maldonado, 26, was arrested by federal agents on July 17. She came to the United States from El Salvador as a teenager and has no criminal history. She is now seeking asylum and lives in Lake Elmo, Minnesota. Her attorneys filed a writ of habeas corpus challenging her detention because an immigration judge authorized her release on bond on July 31. Soon after, the U.S. Department of Homeland Security filed an automatic stay to keep her in custody at the Kandiyohi County Jail despite that order. They sought injunctive relief to block that from taking effect and require her release while her case moves forward. Hannah Brown, one of her attorneys, told the court Tuesday that her client is experiencing emotional and mental distress while separated from her two U.S. citizen children, including her youngest, whom she is breastfeeding.She also said she faces physical harm because she cannot pump on a set schedule or in sanitary conditions. Judge's rulingU.S. District Judge Susan Richard Nelson delivered a ruling from the bench in St. Paul, Minnesota, after each side made their arguments, ultimately granting the request for a temporary restraining order, which will force her to be released. She rejected the government's argument that Aguilar Maldonado's detention was allowable by law and said ICE violated its own policies for pregnant and nursing mothers. Nelson said ICE contends that a January executive order from President Donald Trump revoked that rule, but "nowhere in that policy is there a mention of nursing mothers.""In the court's view, the irreparable harm to separating a nursing mother and her child is self-evident," she said. She added that her case is a civil matter, yet Aguilar Maldonado is being held in conditions indistinguishable from criminal detention and that agents made a mistake when they arrested her.A written ruling will follow later this week. Aguilar Maldonado's attorneys said she will be released as soon as she posts bond, likely early Wednesday morning. Community supportThe courtroom was packed with friends, congregants at Aguilar Maldonado's local church, and other community members who observed the hearing. They erupted into applause once it was over, celebrating her release. Her church helped raise money to pay her bond. "A lot of people can relate to Ms. Aguilar Maldonado's situation and to her story. And there are folks here who know her and folks here who don't know her," Brown said. "And I think it was really beautiful to see so many people, so many Minnesotans, showing their support for a young mother who does not need to be detained."Aguilar Maldonado came to the U.S. in 2017 as a minor, granting her special protections, and had a removal order in 2019 for failing to attend a hearing. But an immigration judge reopened her case last year after finding she wasn't given notice of that court appearance, Gloria Contreras Edin, another one of her attorneys told WCCO, a CBS affiliate in Minneapolis, in an interview. Since then, she has been doing "everything right," she added, and filed for asylum and obtained work authorization. Her arrest on July 17 came as a surprise. When asked about Aguilar Maldonado's case, a spokesperson for ICE provided the following statement: "By statute, we have no information on this person."" is allergic to other forms of milk, and so unfortunately, this baby has been without his mother's milk now for 26 days, and she wants to get to him right away and start nursing," Contreras Edin told reporters Tuesday. Contreras Edin and Brown said she will remain free as her writ of habeas corpus petition proceeds. The government is also appealing the immigration judge's earlier ruling late last month. The judge said she does not have a removal order at this time. Telma Vides, a friend of Aguilar Maldonado, spoke with her friend soon after the hearing and said she was excited and crying nonstop when she learned that she would be released. "It's just amazing what God can do to get her out," Vides said. "It just kept going up and down and up—it's been a roller coaster all these three weeks."

A nursing mother who has spent more than three weeks in U.S. Immigration and Customs Enforcement custody will soon be reunited with her children .

Antonia Aguilar Maldonado, 26, was arrested by federal agents on July 17. She came to the United States from El Salvador as a teenager and has no criminal history. She is now seeking asylum and lives in Lake Elmo, Minnesota.

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Her attorneys filed a writ of habeas corpus challenging her detention because an immigration judge authorized her release on bond on July 31. Soon after, the U.S. Department of Homeland Security filed an automatic stay to keep her in custody at the Kandiyohi County Jail despite that order.

They sought injunctive relief to block that from taking effect and require her release while her case moves forward. Hannah Brown, one of her attorneys, told the court Tuesday that her client is experiencing emotional and mental distress while separated from her two U.S. citizen children, including her youngest, whom she is breastfeeding.

She also said she faces physical harm because she cannot pump on a set schedule or in sanitary conditions.

Judge's ruling

U.S. District Judge Susan Richard Nelson delivered a ruling from the bench in St. Paul, Minnesota, after each side made their arguments, ultimately granting the request for a temporary restraining order, which will force her to be released. She rejected the government's argument that Aguilar Maldonado's detention was allowable by law and said ICE violated its own policies for pregnant and nursing mothers.

Nelson said ICE contends that a January executive order from President Donald Trump revoked that rule, but "nowhere in that policy is there a mention of nursing mothers."

"In the court's view, the irreparable harm to separating a nursing mother and her child is self-evident," she said.

She added that her case is a civil matter, yet Aguilar Maldonado is being held in conditions indistinguishable from criminal detention and that agents made a mistake when they arrested her.

A written ruling will follow later this week. Aguilar Maldonado's attorneys said she will be released as soon as she posts bond, likely early Wednesday morning.

Community support

The courtroom was packed with friends, congregants at Aguilar Maldonado's local church, and other community members who observed the hearing. They erupted into applause once it was over, celebrating her release.

Her church helped raise money to pay her bond.

"A lot of people can relate to Ms. Aguilar Maldonado's situation and to her story. And there are folks here who know her and folks here who don't know her," Brown said. "And I think it was really beautiful to see so many people, so many Minnesotans, showing their support for a young mother who does not need to be detained."

Aguilar Maldonado came to the U.S. in 2017 as a minor, granting her special protections, and had a removal order in 2019 for failing to attend a hearing.

But an immigration judge reopened her case last year after finding she wasn't given notice of that court appearance, Gloria Contreras Edin, another one of her attorneys told WCCO, a CBS affiliate in Minneapolis, in an interview.

Since then, she has been doing "everything right," she added, and filed for asylum and obtained work authorization. Her arrest on July 17 came as a surprise.

When asked about Aguilar Maldonado's case, a spokesperson for ICE provided the following statement: "By statute, we have no information on this person."

"[Her son] is allergic to other forms of milk, and so unfortunately, this baby has been without his mother's milk now for 26 days, and she wants to get to him right away and start nursing," Contreras Edin told reporters Tuesday.

Contreras Edin and Brown said she will remain free as her writ of habeas corpus petition proceeds. The government is also appealing the immigration judge's earlier ruling late last month.

The judge said she does not have a removal order at this time.

Telma Vides, a friend of Aguilar Maldonado, spoke with her friend soon after the hearing and said she was excited and crying nonstop when she learned that she would be released.

"It's just amazing what God can do to get her out," Vides said. "It just kept going up and down and up—it's been a roller coaster all these three weeks."