The allegations center on a child, identified in court filings as Amalia, who was held with her parents at the Dilley Detention Center southwest of San Antonio.
DILLEY, Texas — A one-year-old child nearly died while in federal immigration custody at a South Texas family detention center, according to a habeas corpus petition from her attorneys, who allege inadequate medical care. Federal officials deny the claim, saying the child received appropriate treatment.
The allegations center on the child, identified in court filings as Amalia, who was held with her parents at the Dilley Detention Center southwest of San Antonio.
According to the petition, filed by attorneys affiliated with Columbia Law School, the child became critically ill after weeks of worsening symptoms while detained.
An Immigration and Customs Enforcement spokesperson said in a statement that medical staff “ordered and administered all medications as needed, including daily prescriptions” after the child returned from the hospital, calling the family’s claims “completely false.”
Since the facility reopened under the administration of President Donald Trump in March 2025, more than 3,500 adults and children have passed through the center, according to reporting by the New York Times.
No deaths have been reported, but officials have confirmed a measles outbreak, and a separate 2-month-old detainee was hospitalized this week.
The child’s parents, Kheilin Mercano and Stiven Prieto, spoke with KENS 5 Thursday after their release. “I’m thankful to God that my daughter is okay and that she could endure everything that happened there,” Mercano said.
The family was released from custody nearly two weeks ago after being detained for about two months.
Olivia Chiu, a law student attorney working on the case, said the family complied with immigration requirements before being detained.
“This is just a case of something that should have never happened in the first place,” Chiu said. “This was a family that had done everything by the book and still they were detained.”
According to the petition, the parents fled Venezuela and their daughter was born in Mexico.
In 2024, they entered the United States through El Paso using a CBP One appointment and were given a court date in 2027 while seeking asylum.
During a routine check-in with U.S. Immigration and Customs Enforcement in December, the family was taken into custody and transferred to Dilley, the petition states.
Mercano described the experience as demeaning. “You felt like you were a criminal because they kept yelling at you, they kept treating you badly,” she said.
The filing alleges the child did not receive age-appropriate food and developed a fever on Jan. 1, followed by frequent vomiting, diarrhea, and breathing difficulties.
The parents say they sought medical help eight or nine times and were given fever reducers or turned away.
“Only once were they actually given antibiotics,” Chiu said. “Her health continued to deteriorate over the course of over two weeks, and finally it got to a point that it was so dire that an ambulance had to be called.”
On Jan. 18, the child was transported to Frio Regional Hospital in Pearsall and later transferred to Methodist Children’s Hospital in San Antonio.
Attorneys say she was diagnosed with pneumonia, COVID-19, RSV, bronchitis, and an ear infection, and that her oxygen levels had dropped into the 50% range.
“We do think that she was on the brink of death by the time she was taken to the hospital,” Chiu siad.
After she was discharged Jan. 28 and returned to the detention center with a nebulizer and nutritional supplements, attorneys allege staff did not consistently provide prescribed treatments and required the parents to wait in clinic lines for formula. ICE disputes that account.
“Medical records from Dilley do not show that anyone gave her albuterol via nebulizer after her return, which is consistent with her parents’ accounts,” Chiu said.
The habeas petition was filed the same day the family was released, before a judge ruled on the case. The parents said they are sharing their story in hopes of improving conditions for other detained families.
“It’s important to be aware of what’s happening,” Mercano said.
In a statement regarding the overall medical treatment in ICE detention centers, DHS writes:
“It is a longstanding practice to offer comprehensive medical care from the moment an individual enters ICE custody. This includes medical, dental, and mental health intake screening within 12 hours of arrival at each detention facility, a full health assessment within 14 days, access to medical appointments, and 24-hour emergency care. For many, this represents the best healthcare they have ever received.”