By Sally Ann Vazquez-Castellanos
Published on July 15, 2025. Revised on September 23, 2025.
What happens when a moment of maternal care becomes a criminal act? For Ana, an immigrant mother in Florida and survivor of domestic violence, taking her U.S. citizen son out for ice cream—outside the court’s supervised visitation schedule—resulted in her prosecution, separation from her child, and eventual detention by federal immigration authorities.
Ana’s story is the subject of a powerful case study published by the ACLU of Florida, which documents how Florida’s family and criminal legal systems intersect with federal immigration enforcement to disproportionately punish immigrant women and mothers of color. Charged under Florida Statutes § 787.03 for Interference with Custody, Ana’s brief unsupervised outing with her son triggered a cascade of punitive actions, including solitary confinement and prolonged detention by U.S. Immigration and Customs Enforcement (ICE).
The case illustrates how local courts and ICE collaborate in ways that can override a parent’s best intentions, escalate family disputes into criminal matters, and ignore the trauma histories of survivors. As the ACLU explains, Ana’s experience is not an isolated incident—it reflects a broader national pattern:
“The criminalization of immigrant parents—particularly mothers—results in unjust prosecutions, long-term separation from children, and due process violations that undermine the integrity of both family and immigration systems.”
— ACLU of Florida, Civil Rights & Civil Liberties Report
The report raises urgent legal and human rights questions such as:
Are immigrant parents being punished for trying to maintain a bond with their children?
What safeguards exist when custody orders intersect with criminal statutes and immigration enforcement?
How can legal systems account for trauma, survival, and cultural context in family law proceedings?
Please visit the ACLU website to learn more about Ana’s story.
ACLU of Florida, “Ana’s Story: When Family Law and Immigration Enforcement Collide” (2024), available at:
👉 https://www.aclufl.org/sites/default/files/field_documents/anas_crcl_final_version.pdf
This case and others demands not only empathy but legal reform. Custody disputes should not be criminalized—especially not when immigrant families are already navigating systems stacked against them.
I would like to thank the American Civil Liberties Union (ACLU) (Florida) and Robert F. Kennedy Human Rights.
Legal Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For advice about your specific legal matter, please consult a qualified attorney.

California Attorney and Shareholder at Los Angeles-based family law firm Castellanos & Associates, APLC. Focuses on legal issues at the intersection of children’s privacy, global data protection, and the impact of media and technology on families.
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