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A pregnant Ecuadorian woman and her two daughters face removal proceedings after her asylum application was denied. A federal judge issued a temporary order halting deportation while her T visa application is pending.
hrw.orgA pregnant Ecuadorian woman and her two daughters are subject to removal proceedings after a federal immigration judge and the Board of Immigration Appeals denied her asylum application. Maria Isabel Loja-Loja was scheduled for deportation on May 2.
A federal judge in Boston issued an emergency order that day temporarily blocking the removal. Loja-Loja applied for a T visa on April 30. The visa provides legal status to certain victims of human trafficking. The government issues 5,000 T visas and 10,000 U visas each year.
According to court documents, Loja-Loja was placed on a GPS monitoring system last month. She told ABC News she fears returning to Ecuador with her daughters because of crime and threats from alleged human smugglers. Her attorney, Todd Pomerleau, filed the emergency habeas petition.
He argues federal authorities are violating due process rights by seeking deportation before the T visa application is decided. A Department of Homeland Security spokesperson stated Loja-Loja has been processed for expedited removal and released with a GPS monitor while she undergoes further removal proceedings.
The spokesperson added that a pending application does not confer legal status.
The Department of Homeland Security in 2025 reversed a prior policy that allowed ICE officials to exercise discretion in deferring enforcement against T visa and U visa applicants. Court filings state the change was made to comply with executive orders prioritizing removal of removable noncitizens.
A class-action lawsuit filed last year in California by the Center for Human Rights and Constitutional Law challenges the policy. The case remains in litigation. Loja-Loja told ABC News she hopes to remain in the United States to pursue her case and obtain protection for her daughters and her unborn child.
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