Immigrant succeeds on civil rights claim

A Nashville woman will receive a substantial settlement after being shackled to her hospital bed while giving birth.

Nobody likes a traffic ticket.
Photo credit @woodleywonderworks on Flickr; used under Creative Commons license.

Ms. Juana Villegas was taken into custody during a 2008 traffic stop. As part of an agreement between Tennessee law enforcement officials and federal immigration enforcement, local police had the power to detain people whose immigration status was in question. At the time, Ms. Villegas was nine months pregnant. She went into labor during her six-day stay in immigration detention. While she gave birth, she was kept in handcuffs and leg chains. After she delivered her child, she was denied the use of a breast pump, which caused an infection.

Ms. Villegas filed suit to protest this treatment. A federal judge ruled in 2011 that the jail officials had shown "deliberate indifference" to Ms. Villegas' medical needs. In an unusual step, the judge also recommended that Ms. Villegas be given immigration status, under a visa type for crime victims. Appeals ensued, but the city settled with Ms. Villegas to avoid further litigation.

Ms. Villegas' case has clarified rights for immigration detainees, and also opened a new possible route to legal status for people whose civil rights have been violated.

If someone you know is in immigration detention, or if you have questions about which visas you might be eligible for, please contact us to see if we are able to help.