Judge Orders ICE to Free Postpartum Mother After Agency Ignored Its Own Detention Policy

A federal judge in Louisiana has ordered the release of a woman detained by immigration authorities months after she gave birth.

According to a report published by Law&Crime on Wednesday, July 8, U.S. District Judge David C. Joseph, an appointee of President Donald Trump, granted habeas relief to Karina Alvarez San Juan, a Mexican national who entered the United States without authorization. The order states, “She is the mother of four minor children who are United States citizens,” adding that her “youngest child was born on January 7, 2026,” making him approximately six months old as of the ruling.

San Juan was detained in Florida on May 6 and transferred three days later to a facility in Basile, Louisiana, “where she has since remained in detention,” according to the report. She filed her habeas petition on May 14, initially arguing the transfer itself violated ICE policy.

Per the outlet, the government countered that the court lacked jurisdiction and that San Juan was “subject to mandatory detention under binding Fifth Circuit precedent.”

San Juan’s attorneys later pointed to ICE Directive 11032.4, which instructs the agency to “generally refrain from detaining individuals known to be pregnant, postpartum, or nursing unless release is prohibited by law or exceptional circumstances exist,” per the outlet. The directive defines postpartum status as the one-year period after childbirth. They argued ICE’s failure to follow its own policy violated the Accardi doctrine, a Supreme Court precedent requiring federal agencies to comply with their own regulations.

According to the article, Judge Joseph found San Juan qualified under that standard, writing, “Petitioner’s child was born less than a year ago, so she is a postpartum individual under the Directive.” He noted the only exceptions involve national security threats or risk of violence, neither of which the government raised.

Per the report, when the court asked ICE to show it had followed its own directive, the agency responded that it had “no additional evidence to present to this Court.” Joseph concluded ICE had failed to demonstrate it complied with its own directive and ruled that, under the Accardi doctrine, San Juan must be released.

The order directs San Juan’s release within five business days of Tuesday, July 7, and requires the government to file a compliance notice within 24 hours of her release, according to Law&Crime.