In a David-and-Goliath case unfolding in Connecticut, Venezuela is taking on the United States. They charge the U.S. with “kidnapping” a two-year-old toddler who was forcibly removed from her family by deportation while in the process of being deported. In early 2024, the child’s parents came to the U.S. to request asylum. This step has led to a bitter lawsuit, exposing the lack of respect for migrants as human beings and the devastating consequences of U.S. immigration enforcement.
Both Maiker and Maikelys traveled to the United States in search of asylum. They want to find refuge from the death that pursues them in their native land. Their journey ended in tragedy as authorities pulled their daughter from her deportation flight list to protect her safety and well-being. At the same time, Maikelys endured the heart-wrenching prospect of being deported to Venezuela, away from her infant daughter. At the same time, Maiker was transferred to El Salvador’s infamous Cecot mega-prison after being accused of belonging to a gang.
Allegations Against the Parents
The U.S. government has recently charged Maiker Espinoza-Escalona with being a lieutenant in the TDA. This brutal criminal organization committed widespread homicides, sex trafficking and international drug trafficking. Maikelys Antonella Espinoza Bernal is charged with managing the recruitment of young women who would work in drug trafficking and prostitution.
Maiker has rejected these allegations, claiming that his tattoos caused people to jump to false conclusions about his disposition. For his part, he denies belonging to gangs and denies the charges against him with the allegation being a witch hunt. Despite these denials, he received a deportation order in July under the Biden administration, which marked a significant turning point in their case.
“We will not allow this child to be abused and continue to be exposed to criminal activity that endangers her safety.” – DHS
Without being able to find a solution, Maikelys was facing deportation, forcing them to leave their daughter. In the interim, the Office of Refugee Resettlement (ORR) assumed custody over her. Between October and March, Maiker and Maikelys were allowed weekly in-person visits with their daughter, giving them hope for a reunion.
Venezuela’s Response
The Venezuelan government has reacted brutally to the crisis. They have denounced such measures by U.S. authorities as severe breaches of international law. They are asking that the child be immediately reunited with her family. They focus on the considerable psychological and emotional impact of expelling a minor from her home by separating her from her biological mother.
“(The US) once again committed the extremely serious offense of separating families and removing a minor from her emotional environment and, in particular, from her biological mother,” – Venezuelan government
Venezuelan President Nicolás Maduro has called for an all-nation effort to save the kidnapped girl. He spotlighted the hardships of other Venezuelans experiencing the same type of policy in El Salvador. He once again demonstrated his dogged insistence on retrieving the munchkin. To that end, he seeks to right the wrongs of other Venezuelans deported or detained under dubious grounds.
“I ask for the full support of the Venezuelan people in the effort we are going to make to rescue this kidnapped girl and to bring back safe and sound — sooner rather than later — the 252 Venezuelans kidnapped in El Salvador,” – Nicolás Maduro
The Broader Implications
This tragic incident forces important questions upon U.S. immigration policies and their violations of universal conventions on children’s rights. We noted that the U.S. has yet to ratify the Child Rights Convention. With this decision, its policies are now under a magnifying glass by international observers.
The implications extend beyond this single case. Family separation under deportation became an especially heated issue in the midst of a nationwide expansion of drastically increased familial separation through U.S. immigration enforcement. Advocates have long claimed that these practices can inflict irreparable harm on children and families—the basis of the widespread demands for reform.
In exchange, Venezuela calls for the immediate release of all its citizens. This UNHCR call points to wider issues, especially the treatment of migrants and refugees globally. Families seeking asylum are suffering with every passing hour. In short, the complicated legal processes frequently keep them apart for the duration of processing.
“We demand immediate release and that the rule of law and the basic rights of our little girl be restored,” – Venezuelan government
