Columbus, Ohio – A pregnant Columbus woman is suing the federal government on behalf of her son and unborn child to prevent her deportation.
Carmen Graciela Guerrero Sandoval is suing Attorney General Pam Bondi and Secretary of Homeland Security Kristi Noem on behalf of her nine-year-old and unborn child, claiming that her deportation would violate their rights. Sandoval, a Mexican citizen residing in Columbus, was supposedly rejected refuge five years prior. Now, an Immigration Court in Cleveland has ordered her deportation on June 3, which she hopes to prevent.
Sandoval claims that deporting her would violate her son’s and unborn child’s Fourteenth Amendment rights and the Equal Protection Clause. According to court filings, she is the primary financial support for her son, who is designated in the case as CDBG, and claims that removing her would be cruel and unusual punishment for him.
“The Plaintiffs’ separation from their mother will deprive CDBG of the ongoing
The lawsuit alleges that he loves, affectionates, cares for, and financially supports his mother.
CDBG, a US citizen, attends Columbus City Schools and has been diagnosed with autism. According to court filings, his school determined he was eligible for special education on April 28. The lawsuit claims that there are no equivalent special education opportunities in Mexico. According to a 2015 University of Dayton analysis comparing special education in Mexico with the United States, Mexico has made strides in implementing special education legislation but lacks much of the assistance present in the United States.
The lawsuit is also filed on behalf of the unborn child. Sandoval is due in October and claims that removing her would violate the unborn child’s birthright citizenship rights. According to the Fourteenth Amendment, “all persons born” in the United States are citizens; yet, Sandoval has yet to give birth.
Sandoval’s attorney, George Katchmer, said they are asking the court to block or delay her deportation until the Supreme Court rules on birthright citizenship. In an executive order suspended until the Supreme Court hears arguments, President Donald Trump declared that there is no such thing as birthright citizenship.
If Sandoval gives birth in the United States, the child will be granted American citizenship under current law. If she gives birth outside of the United States, the father will determine the child’s citizenship. Katchmer stated that he had no knowledge about paternity, including the father’s citizenship. If the father is an American citizen, the child will be granted U.S. citizenship regardless of where they are born.
The lawyers on both side had faced one another in court before when a U.S. citizen child sought a court order to suspend his father’s deportation in 2019. Katchmer defended the child in that case too, but the court found in favor of the United States.
Katchmer, who did not represent Sandoval in immigration court, declined to comment until the judge clarified the situation. NBC4 contacted Bondi and Noem’s attorneys but did not receive a response. On Thursday, the lawyers held an initial virtual meeting.