A Venezuelan family seeking asylum in the United States says they were detained for two months at a Texas immigration facility despite long-standing federal guidelines limiting how long children can be held in custody.
Khelin Marcano, her husband Stiven Prieto, and their 1-year-old daughter Amalia were taken into custody in December during what they believed would be a routine appointment with Immigration and Customs Enforcement (ICE), according to interviews and court filings reviewed by national media.
The family had entered the United States in 2024 using the Customs and Border Protection mobile application introduced during the Biden administration. After being processed, they were granted parole while pursuing asylum claims, according to legal documents.
Marcano said the detention came without warning.
“When they told us we were being detained, it felt like we already knew,” she told ABC News in a recent interview.
The family was transferred from El Paso to the South Texas Family Residential Center in Dilley, Texas, where they remained for approximately 60 days. Immigration advocates note that the Flores Settlement — a 1997 legal agreement — has been interpreted by federal courts to generally limit the detention of minors to about 20 days.
According to the advocacy group RAICES, roughly 1,400 people, including parents and children, were being held at the Dilley facility as of last month. The facility, which was previously closed during the Biden administration, was reopened amid expanded enforcement policies under President Donald Trump’s second term.
Elora Mukherjee, an attorney representing Marcano and her family, filed a habeas corpus petition challenging the legality of their detention. Mukherjee told ABC News that children and families at the facility have faced limited access to adequate nutrition, clean drinking water, and medical care.
During their time in custody, Marcano said her daughter Amalia developed a persistent fever. According to the family’s court filings, the child was later transported to a regional hospital and then to a larger medical center in San Antonio, where she was diagnosed with COVID-19 and a respiratory virus.
Marcano alleges that after returning to the detention facility, medical equipment provided by hospital staff — including a nebulizer and Albuterol — was confiscated.
The Department of Homeland Security confirmed the family’s detention and release but defended current immigration enforcement policies. A DHS spokesperson stated that the Flores Settlement has been used to restrict executive immigration authority and said the administration remains committed to enforcing immigration laws.
The family was released shortly after filing their legal petition. According to Mukherjee, their first immigration court hearing is scheduled for 2027.
The case comes amid broader scrutiny of immigration enforcement actions involving families and children. In Minneapolis, 5-year-old Liam Conejo Ramos was detained alongside his father during a traffic stop last month, according to local officials. Additionally, 11-year-old Elizabeth Zuna Caisaguano was detained with her mother for more than a month, according to their attorney, Bobby Painter.
Advocates argue that prolonged detention can have lasting emotional and developmental consequences for children. Mukherjee said that children who are with their parents and not considered a safety threat should not be detained for extended periods.
Since their release, Marcano said her daughter’s health has improved and that the family is focusing on rebuilding stability while preparing for their pending asylum case.
“We’re grateful to be together,” Marcano said. “But we’re still uncertain about what comes next.”
The debate over immigration detention practices, particularly those involving minors, continues to unfold as federal investigations and legal challenges move forward.
