UPDATE (5/4 2:30 p.m.)
KGUN 9 spoke to the woman's attorney, Luis Campos. He said that the two left for Tennessee on Sunday after a night at a hotel in Phoenix.
That's where he says the woman will go through immigration court, making the case for asylum.
However, he says the timeline is relatively unpredictable.
"Depending on the region of the country, that makes a big difference," Campos said. "It depends on where you are in the country and how backlogged their docket is in that part of the country."
He estimated it will take a year or two for the woman to get her first hearing in front of a judge.
The woman will not be in federal custody as her case moves through the courts, but she will be required to check in with U.S. Immigration and Customs Enforcement.
Campos had originally said the newborn baby was a boy based on information from a source inside Tucson Medical Center. After meeting the woman and her baby in person, he confirmed the baby is a girl named Emily.
He says both mother and baby are healthy.
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UPDATE (5/3 3:15 p.m.)
U.S. Customs and Border Protection told KGUN 9 that the woman and her child were transferred to U.S. Immigration and Customs Enforcement's Enforcement and Removal Operations custody.
A court date before an immigration judge has been set.
The woman's attorney Luis Campos says he has been able to contact his client over the phone. He says she is no longer facing expedited removal from the country.
Campos says both the woman and her baby are "in good spirits."
KGUN 9 has reached out to ICE and are waiting for a response.
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A Guatemalan woman who just gave birth at Tucson Medical Center could be facing expedited removal with her baby, according to Tucson immigration attorney Luis Campos.
According to U.S. Customs and Border Protection, the woman was apprehended at eight months pregnant after crossing into the country at the U.S.-Mexico border. They say "She has not yet been formally processed and no formal proceedings have commenced."
Campos says he is hoping to get an asylum hearing, but he has been unable to see or speak to his client. In CBP's statement issued to KGUN 9, the woman will be given the opportunity to contact an attorney once processing is complete.
Campos says a Department of Homeland Security guard stationed outside the woman's hospital room prevented him from entering, saying she would contact him after being discharged to a local migrant processing facility.
CBP confirmed she was discharged from TMC Friday, though Campos says the baby is still in the hospital.
Under the expedited removal process— which Campos says is common at the border or ports on entry— non-citizens can be deported without a trial.
“The government has the discretion," Campos said. "It could, if it wanted to, place her into standard deportation proceedings, not expedited. She can make her case for an asylum case. If she loses, she loses and goes home, but if she wins, she can stay here."
He says the woman was only in the United States a few days before giving birth. He says he spoke to her mother over the phone who told "a pretty harrowing story of violence that she faced."
He said he believes it could qualify as persecution, which is a requirement for an asylum hearing in the United States.
However, in its statement, CBP says, "at all times, agents followed the law and adhered to CBP procedures. No entitlements were denied."
As for the baby— who is a United States citizen— Campos says the mother was given the choice to either leave her baby behind or take him with her. Campos says that gives her "no decision."
"She’s got no family here, no friends in Tucson, one friend who is in Tennessee," Campos said. "So what’s your choice gonna be? To take the child, which becomes a de facto deportation of a U.S. citizen child."
Read the full statement sent to KGUN 9 by the Department of Homeland Security:
"CBP agents apprehended a Guatemalan woman, eight months pregnant, who illegally crossed into the United States from Mexico between ports of entry near Tres Bellotas Ranch. While in custody, she was taken to a local hospital for evaluation, where she remained under medical care until being discharged today. She has not yet been formally processed and no formal proceedings have commenced. Under U.S. law, there is no statutory right to an attorney in immigration proceedings until a Notice to Appear has been issued. Once her processing is complete and an NTA is issued, she will be given the opportunity to contact an attorney. At all times, agents followed the law and adhered to CBP procedures. No entitlements were denied."
Campos said he was originally contacted about the case by someone familiar with the situation inside TMC.
Tucson Medical Center has provided no comment on the issue.
Tucson Mayor Regina Romero also released a statement today:
"Here in Tucson, a new mother is being placed in an “expedited removal process” as a result of Trump’s unnecessarily cruel Executive Order that incorrectly declares there is an “invasion” at our Southern Border.
People in the United States, regardless of legal status, have a fundamental right to due process that has been reaffirmed by the Supreme Court as recently as April 7, 2025. Denying this mother access to legal representation is both inhumane and a violation of her basic rights.
I am deeply concerned about the consequences of this federal overreach. It is unacceptable to treat a medical facility as an extension of xenophobic policies, especially when a newborn’s health and safety are at stake.
I urge the federal government, and its agencies, to act with compassion and respect for due process."