UPDATE: Guatemalan woman reunited with newborn after being detained by Border Patrol

TUCSON, Ariz. (13 News) - A day after U.S. Customs and Border Protection separated a Guatemalan woman from her newborn daughter at the Tucson Medical Center, both mother and child have been reunited in Phoenix.

According to Pima County Attorney Laura Conover, on Saturday, May 3, Erika and her child were released together into the care of a non-governmental organization in Phoenix.

“This is exactly the kind of circumstance that humanitarian exceptions to the law are meant for,” Conover said in a statement. “I thank the staff at TMC and the community for showing once again the compassion Tucson is known for.”

Tucson-based immigration Attorney Luis Campos, who agreed to represent Erika, said he was able to speak with her for the first time and has driven to Phoenix to meet her at the NGO.

Campos will advise her moving forward.

A demonstration protesting Erika’s detainment and separation from her baby will be held Saturday afternoon in Tucson. 13 News reporter Renee Romo is covering the event, where a formal statement from Campos will be read.

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After giving birth at the Tucson Medical Center, a Guatemalan woman named Erika is in the custody of U.S. Customs and Border Protection.

13 News confirmed the woman has been discharged from the hospital, but her newborn is still inside.

Luis Campos, a Tucson-based immigration attorney, has agreed to represent her.

But Campos told 13 News he hasn’t gotten the chance to speak to her, claiming federal officials will not let him talk to her.

“I have not even received a phone call, or have been allowed to call her,” Campos said. “She is incommunicado at this point.”

Campos said Border Patrol agents escorted Erika the whole time she was at TMC, so it is possible they have her in custody.

A day after Erika gave birth, Campos went to TMC to talk to her so he could represent her.

“There are federal agents, DHS agents posted immediately outside her door,” Campos said. “I was told this specifically by the DHS agent. They would deny access to any visitors, including any family, including friends and including her attorney.”

Campos said Border Patrol agents found Erika walking through the desert.

Campos said agents told him he needed a signed G-28 document, which would indicate he was representing her. Campos said he had the documents completed, but agents would not let him meet Erika so she could sign.

“The DHS officer denied me access to her to gain that signature,” Campos said. “If you’re not going to allow the attorney to go in, perhaps a doctor can take her the form to sign. The doctor was not allowed to take the form to her.”

Campos said Erika is seeking asylum in the United States because she faced a violent situation in Guatemala, which can bring physical and emotional distress if she returns.

Erika’s U.S. citizen child could be deported with her, too.

“The mother has no family in the United States, so clearly that’s not a choice,” Campos said of the newborn staying in the U.S. “The child will likely go with her. That’s a U.S. citizen child who will be exposed to the dangers the mother is facing if she is returned.”

A spokesperson from Gov. Katie Hobbs’ office said it is investigating the situation.

“The office is actively engaging with federal and local officials to gather further information,” read a statement from Hobbs’ office. “While she supports securing the border, Governor Hobbs has been clear in her opposition to inhumane immigration enforcement practices. The governor will continue fighting to protect the constitutional rights of every Arizonan and keep our communities safe.”

Campos does not know where Erika is, but he is determined to represent her.

13 News has reached out to CBP and Homeland Security for comment, but we have not received a reply yet. The Tucson Medical Center told 13 News they have no comment.

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