Venezuela Condemns U.S. Violations of Migrant Children’s Rights

By Alejandra Garcia on May 4, 2025

2 year old Venezuelan separated from her parents by Trump administration

U.S. immigration policies are leaving fractured families, psychological trauma, and lost futures of those affected. Parents torn from their children, individuals detained under harsh conditions, and asylum seekers denied protection.

Recently, in a case that has sparked outrage across Venezuela, 2-year-old Maikelys Antonella Espinoza Bernal was separated from her mother and placed in U.S. custody, an act the Venezuelan government has denounced as a kidnapping. She is in a precarious limbo, detained in U.S. government care in El Paso, but without a removal order or immigration status and no clear future. Her fate lies in the hands of the Trump administration.

The mother, Yorely Bernal, arrived in Venezuela earlier this week in a deportation flight without the little girl, despite signing off on her 2-year-old’s deportation with her. U.S. officials did not reunite her with her toddler before she was forced her onto an airplane to her home country. Bernal’s husband, Maiker Espinoza, had been sent to El Salvador’s megaprison on March, disappearing from the family’s life for how long who knows.

The current US immigration policy resembles Nazi-era practices. Under Nazi rule, Jewish and other persecuted families were torn apart in concentration camps, often permanently. Today, Maikelys’ case is one among the thousands of children who are being separated from their parents by immigration enforcement without clear processes for reunification.

Yorely Bernal and Maiker Espinoza do not have a criminal record in Venezuela and spent the entirety of their time in the United States in ICE detention centers. They have not been charged with any crime, nor has the government initiated any formal proceedings to terminate the parents’ rights.

However, “the U.S. government has her in this weird purgatory where they know she’s here, but they’re not moving to do anything to execute her repatriation,” said Imelda Maynard, legal director for Estrella del Paso, which provides legal aid to migrant children.

Immigration lawyers and experts warn that the family’s distress shows the consequences of undermining due process in President Donald Trump’s push to deport 1 million people within his first year in office. His administration has accelerated deportations through executive orders and intensified allegations of gang affiliations against immigrants, frequently relying on minimal evidence or lacking formal charges. In some instances, experts argue, authorities have prioritized deportations over keeping families together and safeguarding parental rights.

“We are not delinquents. We have shown this and we will keep showing this, because we are not anything they are accusing us to be. I just ask the U.S. government that they give me back my child,” Bernal said. “It’s the only thing I ask as a mother.”

Maikelys’ family is not alone in their struggle. The demand for the girl’s safe return gained momentum in recent days. On April 28, the Venezuelan government issued an official statement condemning the actions of U.S. authorities, accusing them of violating human rights and international norms. According to the statement, Maikelys’ case is added to the long list of abuses committed against Venezuelan migrants. “The U.S. is once again committing the very serious act of separating families and removing minors from their emotional environment and especially from their biological parents,” the Venezuelan government declared.

The U.S. Department of Homeland Security (DHS) denied allegations of kidnapping, stating that Maikelys was removed from the deportation flight for her “safety and welfare.” She remains in the custody of the Office of Refugee Resettlement (ORR) and has been placed with a foster family. DHS further claimed that her parents were linked to the Tren de Aragua gang, an accusation they have denied.

The case has ignited widespread protests and demands for justice, with Venezuelans rallying for the child’s return. The May Day parade in Venezuela became a platform for amplifying the call, with President Maduro addressing the issue as part of a broader struggle against U.S. policies affecting Venezuelan migrants. As Venezuela continues to push for Maikelys’ return, the case remains a stark reminder of the human cost of U.S. immigration policies.

Source: Resumen Latinoamericano – English