OMAHA, Neb. (KMTV) -- — The attorney for a 2-year-old girl in deportation proceedings has filed a termination motion with U.S. Immigration Court in Omaha.
The toddler was separated from her father at the border because he was arrested for re-entry by a removed alien in May. The child was sent to New York State for months before being allowed to live with her uncle in Omaha.
Now, her attorney has filed several motions to stop the case from moving forward; a Motion to Suppress the “Notice to Appear” papers, a Motion to Terminate, and a Motion for a Competency hearing.
He says the girl can't be served deportation papers if she doesn't know what they are.
"It is ridiculous to ask a 2-year-old a legal question and expect an answer, so why are we putting her in court? There's no reason, no purpose for this to happen,” said Tom Campbell, the 2-year-old’s attorney.
Experts say since the current administration took over there's a no tolerance policy for all people crossing the border to go through deportation. The judges and attorneys used to have discretion for people they didn't see as a threat.
Deportation is a civil proceeding and is not considered criminal.
It's unclear when the girl will have a court date set. Attorneys say because of the number of deportation cases now in immigration court some hearings are being scheduled months or years in advance.