Family Attorney discusses 10-year-old facing deportation

A undocumented 10-year-old girl suffering with cerebral palsy remains at a San Antonio shelter and faces deportation.

Rosamaria Hernandez story made national headlines because of controversy surrounding U.S. immigration policy.

Hernandez's lawyer, Alex Galvez out of Los Angeles, spoke to 3 News Sunday night over the phone.

Galvez said Hernandez has been in contact with her mother via Skype and phone but because she has cerebral palsy and has never been apart from her mother, the separation has been very difficult.

Galvez said since she arrived at the shelter on Saturday, she had several visits from family who are U.S. citizens.

Her mom, who is also undocumented could not cross a check point between Laredo and Corpus Christi.

So, she had her niece, a U.S. citizen, take her daughter to Driscoll Children's Hospital for surgery.

According to a U.S. customs and Border Patrol press release, due to Hernandez medical condition, they were able to escort her to the hospital.

There, they waited for her to get our of surgery.

She was then taken to a shelter in San Antonio for undocumented children.

Galvez said Hernandez has become the face of the current U.S. immigration policy.

"They want you to know that if you are undocumented you better think twice before you go to a hospital or church or school because what happened to Rosamaria could happen to anyone," Galvez said.

Her lawyers said they are complying with the U.S. government and taking the necessary steps to release Rosamaria back to her family in Laredo.

Galvez said Hernandez should be back in her mothers arm in about 21 days.

Once she is released to a family, they will go before a judge.

The U.S. Customs and Border Patrol released the following statement after the incident:

"The Laredo Sector Border Patrol is committed to enforcing the immigration laws of this nation. Travelers that present themselves for immigration inspections at our checkpoints are inspected thoroughly and expeditiously. In this case, two individuals, a juvenile and her adult cousin approached the primary inspection lane of the Freer Border Patrol Checkpoint on Highway 59, east of Laredo, Texas. An immigration inspection on both individuals revealed the juvenile was illegally in the United States. Her adult cousin was determined to be a United States Citizen.Due to the juvenile’s medical condition, Border Patrol agents escorted her and her cousin to a Corpus Christi hospital where she could  receive appropriate medical care. Per the immigration laws of the United States, once medically cleared she will be processed accordingly. The Mexican Consulate has been advised of the situation by Laredo Sector Border Patrol."

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