Kimberlyn Menjivar, a 22‑year‑old Honduran mother, was separated from her six‑month‑old son on September 29 and deported to Honduras shortly thereafter, despite claiming she had signed paperwork to be removed together with her child.
Background and migration path
Menjivar arrived in the United States with her younger brother in April 2021, crossing near Eagle Pass, Texas. Her father had previously migrated to the U.S. when she was 15, and the siblings later fled Honduras to escape threats from gang “Maras” who allegedly targeted them.
Both entered the U.S. as unaccompanied minors and were placed in a temporary shelter while their cases were processed.
Legal proceedings and deportation
Immigration officials ordered her removal on October 12, 2022, according to a Department of Homeland Security email. Menjivar says she never learned of the order because her father—who acted as her legal guardian—was later detained on sexual‑abuse charges and deported, cutting off her access to his home and correspondence.
At 20 years old, she secured legal representation from the firm Heinz Law and pursued a Special Immigrant Juvenile Status (SIJS) visa, which would protect minors who have been abused, abandoned, or neglected. In early 2024, her work permit and SIJS visa were approved, and she was instructed to appear for fingerprinting.
Detention and forced removal
When she arrived at the Minnesota immigration office with her partner and infant son, an ICE officer questioned the documents she presented on a phone. She was escorted to a room with three ICE agents, handcuffed, and removed from the building without seeing her child.
Menjivar was held at a detention facility in Kandiyohi County, Minnesota, from late September until November 17, 2024. During detention she was limited to two brief video calls with her baby, and families were required to pay high fees for communication and personal items.
At 3 a.m. on November 17, she was transferred to an airport, spent time in transit through Nebraska and Louisiana, and eventually arrived at Ramón Villeda Morales International Airport in San Pedro Sula, where Honduran authorities provided her with a phone card to contact family.
Family separation and ongoing dispute
U.S. officials state that ICE offers parents the option to be deported with their children; otherwise, children are placed with a trusted caretaker. They claim Menjivar declined to cooperate, resulting in her son being placed with his father.
Menjivar’s attorney disputes this, asserting her client repeatedly expressed a desire to be deported alongside her baby. A report by the Women Refugee Commission documents at least three other Honduran women facing similar separations.
Future outlook
Menjivar’s son, now approaching nine months, remains in the care of his father, who faces economic challenges in providing for the infant. Menjivar has indicated she may consider bringing her child to Honduras if her immigration appeal does not progress in the coming months.
Frequently Asked Questions
Why was Kimberlyn Menjivar deported without her baby?
According to Menjivar, she signed documents requesting joint deportation, but ICE officials proceeded with her removal while the child was placed with his father, based on agency statements that she declined to cooperate with a joint deportation.
What legal status was Menjivar pursuing?
She was seeking Special Immigrant Juvenile Status (SIJS), a protection for minors who have been abused, abandoned, or neglected, and had received approval for a work permit and SIJS visa before her detention.
Has the U.S. government acknowledged separating families in this case?
The Department of Homeland Security has denied separating families, stating ICE does not separate parents from children and that procedures were followed according to policy.
What do you think should change in the immigration system to better protect families facing deportation?
