Alexandria, Virginia (CNN) — A pregnant woman and her 4-year-old son, who spent more than a week confined to 鈥渁 windowless room with a single bed and toilet鈥� at Washington Dulles International Airport after arriving on tourist visas, are on a flight back to their home country of Ghana following a federal judge鈥檚 order Friday, according to the ACLU of Virginia.
Hours before, US District Judge Leonie Brinkema stated in her order that 鈥渢he welfare of the petitioners and the interests of justice are best served by allowing petitioners to return home immediately.鈥�
Earlier, Brinkema told the US government Friday that the pregnant woman, who came to the United States from Ghana for a medical appointment for her child but also acknowledged to authorities she planned to seek asylum, must be released from the hold room at the airport before the end of the day.
鈥淪he cannot spend tonight at Dulles,鈥� said Brinkema, a to the federal bench, at a hearing in Alexandria, Virginia. 鈥淥ne way or another, we鈥檙e going to get her out.鈥�
Her attorneys argued she had been held at the airport illegally, while the government said her tourist visa was not valid because Gyasi 鈥渁dmitted under oath 鈥� her intent was not to leave the United States to return to Ghana.鈥�
After an immigration judge denied her asylum request on Wednesday, making it virtually impossible for Gyasi and her son to remain in the country, her legal team said its main concern锘� was her well-being after what turned into an indefinite layover.
鈥淲e were very pleased that the judge recognized one fundamental principle, which is that human beings should not be detained under the conditions our client was being detained at Dulles Airport in a windowless room without access to appropriate food or medical care,鈥� said Mary Bauer, executive director of the ACLU of Virginia.
Gyasi鈥檚 case is among the latest to be challenged in a federal court system with the administration鈥檚 aggressive moves to maximize the number of immigrants removed from the US and increase vetting of visitors on .
Woman and son came for a medical appointment, attorneys say
Gyasi, 38, came to the United States on a tourist visa after getting an appointment for her son at the Akron Children鈥檚 Hospital to be evaluated for possible surgery to address severe physical abnormalities affecting his fingers on both hands, the petition states. They鈥檇 traveled to the US for treatment two years earlier, but Gyasi was told her child was too young for surgery at the time. Their tourist visas expire in 2028, the petition states.
Instead of being able to board her connecting flight to Ohio, the Ghanaian citizen 鈥� who is four and a half months pregnant 鈥� and her son were 鈥渓ocked in a holding room鈥� at the airport and 鈥渄enied adequate food and medical care,鈥� her petition said.
They were taken into custody after Gyasi 鈥渄isclosed her fear of returning to Ghana based on the persecution she and her son faced,鈥� when being questioned at US Customs, according to the allegations in the document.
Gyasi, who is a teacher, told authorities her mother 鈥渋s a traditional priest and when she saw my child as a baby and his disability, she said I should kill him,鈥� according to a government transcript of her statement to an immigration officer.
Gyasi 鈥渃laimed a fear of returning to Ghana, received a credible fear interview from an asylum officer, and review of that negative credible fear determination by an Immigration Judge, who affirmed the asylum officer鈥檚 determination. And thus, her expedited removal order stands ready to be executed through her removal to Ghana,鈥� the government wrote in the court filing.
The mother was hospitalized twice over the past week, initially for lightheadedness and then for vaginal bleeding, the petition said, which doctors said was due to high stress and high blood pressure. The medical staff was also 鈥渃oncerned that she was not eating enough and fed her. They even gave her food to take back with her,鈥� her attorneys allege in the court document.
She told officials she and her son are not familiar with the food in the US, and it is making her sick and weak, according to a transcript in the court documents.
Four days after her arrival 鈥� and after repeated requests for more food 鈥� the petition said Gyasi agreed to be deported, 鈥渇earing that she might lose her unborn child.鈥�
鈥淏ecause I鈥檓 pregnant, I am getting weaker and weaker by the day,鈥� she told a CBP officer, according to the official transcript.
Her son had 鈥渟pent much of the day crying because of his hunger pains,鈥� and CBP officers allegedly denied her request to purchase food, 鈥渟aying she could only access the food they gave her,鈥� the petition said.
But after she initially agreed to drop her asylum request, officers 鈥渙ffered to get her whatever food she wanted鈥� and let her and her son shower for the first time since their detention,鈥� according to her petition.
Gyasi鈥檚 attorneys said her agreement for self-deportation was prompted by 鈥渄esperation for the health and well-being鈥� of her son and her unborn child and that she did 鈥渘ot wish to relinquish their asylum claims.鈥�
鈥淭hese windowless rooms were never designed for long-term detention,鈥� said Eden Heilman, Gyasi鈥檚 lead attorney with ACLU of Virginia.
The Department of Homeland Security said the allegations of mistreatment 鈥渁re false.鈥�
鈥淓veryone in CBP custody, including this individual, has access to appropriate care, including medical evaluation by a doctor, medication, and food,鈥� a DHS spokesperson told CNN Thursday. 鈥淭he individual is currently in CBP custody at Washington Dulles International Airport and will remain in custody pending her immigration hearing.鈥�
Gyasi planned to ask for asylum, the government alleges
Gyasi said in a statement to immigration authorities under oath she had been researching the possibility of claiming asylum 鈥渇or the past 2 years鈥� after officers examined her phone and found a history of searches on the topic, a CBP officer wrote, adding she had also considered asylum in Canada and Australia.
Her attorneys argue she is being punished for her honesty.
鈥淚f she did not disclose the fear that she was having about persecution in her country, she could have still entered on the tourist visas,鈥� Heilman told CNN. 鈥淯nfortunately, because she was honest and shared her concerns, that鈥檚 what funneled her into this separate asylum-seeker category.鈥�
The government鈥檚 response says an immigration judge has already denied Gyasi鈥檚 request for asylum, and the government 鈥渨ould begin the process of executing the order to remove Petitioners to Ghana,鈥� but did not indicate how long that process might take.
Brinkema said in Friday鈥檚 hearing Gyasi and her son could leave Virginia and be deported only if the government could guarantee she would no longer be held at Dulles while that deportation is processed.
The judge gave the Trump administration a 2 p.m. deadline to show they had arranged for Gyasi and her son to have a nonstop flight back to Ghana before the end of the day, court records show.
Birthright citizenship debate adds to scrutiny
Gyasi鈥檚 attorneys say CBP agents seemed to be focused on the fact she was pregnant when they first took her into custody, and they believe it is in response to President Donald Trump鈥檚 push to end , under which children born in the US are automatically American citizens.
鈥淪he is just one of a number of pregnant people who鈥檝e been detained in shocking numbers in the wake of President Trump鈥檚 executive order trying to end birthright citizenship 鈥� and it has to stop,鈥� ACLU attorney Sophia Gregg said in a Wednesday.
Immigration and Customs Enforcement dating back to the Obama administration says pregnant women should not be detained unless there are 鈥渆xtraordinary circumstances鈥� requiring it.
That policy was a year ago by acting CBP commissioner Pete Flores, saying it and other policies regarding vulnerable detainees were 鈥渆ither obsolete or misaligned with current Agency guidance and immigration enforcement policies.鈥� But the Trump administration has not changed a that says, 鈥淒etainees should generally not be held for longer than 72 hours in CBP hold rooms or holding facilities.鈥�
鈥淢s. Gyasi is following all the rules she was given 鈥� but CBP is not,鈥� Movasseghi said in a .
Although Gyasi鈥檚 hopes that she and her son could remain in the United States were dashed in the federal courthouse Friday morning, the judge insisted on one thing: no more nights in a windowless room.
鈥淪he鈥檚 not gonna spend tonight at Dulles,鈥� Brinkema reiterated at the end of the hearing.
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