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'Not Only Unconstitutional, But Heartless': ACLU Lawsuit Demands Freedom for 10-Year-Old With Cerebral Palsy


'Not Only Unconstitutional, But Heartless': ACLU Lawsuit Demands Freedom for 10-Year-Old With Cerebral Palsy

Jessica Corbett, staff writer

Rosa Maria Hernandez was arrested after an emergency surgery in Texas. Defying doctor's orders, the government refuses to release her to family.

Rosa Maria Hernandez


I think Trump is trying to instill fear. That is how fascism maintains control. The message is nobody who is undocumented is safe regardless of the circumstances. This will apply to members of any other groups who become his target. So far he hasn’t achieved control over the courts and is not defying court orders so maybe this will end well, at least to the extent that the girl will be returned to her parents.


Yes, this is how fascism works: The most marginalized, the most disenfranchised first. And then the rest who dare being dissenters. In the end no one is safe under fascist ideology. Not so distant history is full of examples of that. The disdain I feel…


I am getting very tired of being part of ugly americanism…this is instilling the fact that americans are terrorists in this little girls mind and in her families as well…we are better than this folk’s…


Following Hernandez’s surgery, Customs and Border Protection arrested the child in her hospital bed, as soon as she was discharged, and transferred her into the custody of the Office of Refugee Resettlement (ORR) as an “unaccompanied minor,” despite the fact that her parents, who are also undocumented, reside in the United States, and she has several family members who are U.S. citizens.

Hernandez is being held in government custody, 150 miles away from her home. According to the ACLU and several reports, she “has never been separated from her parents, and her medical condition requires constant attention; she is completely dependent on her mother.”

Absolutely horrific treatment.


The forces of capitalist totalitarian dictatorship will tend to react with increasingly bewildered lunacy as solidarity to relieve austerity and destroy imperialist military empire becomes more popular, explicit and focused.




I hope this little girl is safe. The brutality of the current regime has many faces…just sayin’…


I have referred to this nation as the US Fourth Reich for quite a few years now. I am serious, not jesting. Read your history, read first hand accounts of Germans between the wars and on into the second WW.
*What you are seeing now with this little girl is just an object lesson to the rest of us. “If we can do this to this little girl, what do you think we will do to you if you stand in our way or disagree with us?”
*Fear is one of Nazism’s biggest weapons. Any action that instills fear of power is perfectly normal for them.
*Hitler is reputed to have said, “To really control a country, you must first control its courts. Then, what you do is legal, whatever your opponents do is illegal.” To those who pay attention, the Reich is getting very close to that axiom.
*I hope the ACLU’s suit works and she is freed to rejoin her family, but have you ever noticed that humanitarian suits and Constitutional suits that win are remanded to higher courts until one of them finally overturns it? Sometimes all the way to the Supremes?
*Many German Jews, who were faithful Germans, believed that that was just a phase, like pogroms of the past, and that Germany would become democratic again if they just bided their time and didn’t make waves. We see what the result of that was.
*I refuse to be a “German Jew” in the Fourth Reich. I will continue to try to awaken We the People, to not let the past repeat itself once again. Hopefully, at least a majority of those who see what is happening will also speak out.
*The foul refuse that now infests the government can be swept up and dumped on the trash heap of history. It is up to We the People to do it.


This cruelty directly reflects the ugliness, hatred, bigotry, and racism embodied in the diabolical despot and his tribunes: humans with any color skin other than white are simply objects to be expunged regardless of age. The message of evil from such horrific actions circles the globe and VP is laughing hysterically. How absolutely sickening that it takes the legal system to do what any caring, compassionate, rational human being would do to help this young girl and ALL her family

I pray for this girl’s safety, comfort, and recovery in the arms of her family. Thank you, ACLU!


Check out Democracy Now’s 10/31/2017 expose on what has happened to young Rosa Maria, and family, and friends. The United States Department of Homeland Security, Der Fuhrer Kelly is responsible for all this misery and suffering to young Rosa Maria, and family, and friends. Guess what? The DHS, Der Fuhrer Kelly will be in your neighborhood soon. So wake the fuck up!


My God, that poor child…

On what grounds is she being held and denied the comfort of her family? Who is responsible? I hate them and the system that has trapped her in hell. If Trump or his policies were responsible, he should be shot by a firing squad.

This anger is not good for any of us unless we can direct it toward some good.


On Democracy now they had a good feature on this. Part of the problem is that they don’t know who is responsible and it has delayed the legal actions that are needed. ICE is not responsible or so they say, it was border patrol and she was remitted to refugee resettlement detention and she is not a refugee. Anyway, Amy Goodman and Juan Gonzalez can explain it better.


Thanks, Fern.