ICE detained breastfeeding Nashville mother with valid work permit, denied her release

On March 20, 2026, U.S. Immigration and Customs Enforcement agents detained Misslenys Hernandez Zabala, a Venezuelan asylum seeker with a valid work permit and Social Security number, in Nashville, Tennessee, moments after she dropped off her breastfeeding 10-month-old son with a nanny on her way to work. Despite pleas from immigrant-rights advocates citing her nursing infant and a pending court date not scheduled until 2028, ICE declined to release her.

On the morning of March 20, 2026, ICE agents detained Misslenys Hernandez Zabala in Nashville, Tennessee, minutes after she dropped her 10-month-old son, Maximiliano, off with a nanny on her way to work. Hernandez, a Venezuelan asylum seeker who came to the U.S. in 2021, had a valid Social Security number and work permit and a pending court date not scheduled until 2028. Video from bystanders showed ICE officers detaining her; her partner said he heard her scream over the phone that she had a son.

Advocates from Music City Migra Watch escorted the baby to Nashville's Department of Homeland Security office, seeking Hernandez's release on the grounds that she was breastfeeding. An advocate with the group said officers told them breastfeeding was "not an excuse" to release her, and she remained in custody. Hernandez also cares for a 12-year-old daughter and a 9-year-old niece.

The detention came amid a documented shift in ICE enforcement policy. Data obtained by 19th News and cited in the reporting shows ICE deported 363 pregnant, postpartum, or nursing women in just over 13 months, moving away from prior Department of Homeland Security limits on arresting or detaining that population. Human Rights Watch separately reported that a DHS response to Senate inquiries showed 86 pregnant detainees in ICE custody as of mid-February 2026, including nine in their final trimester.

Federal policy has historically limited the arrest and detention of pregnant, postpartum, and nursing immigrants in recognition of the acute harm separation causes to infants and mothers. Here, ICE detained a nursing mother with a valid work permit and an unresolved asylum case, then declined to release her despite advocates' pleas citing her breastfeeding infant. The detention reflects a documented policy shift away from those protections: ICE deported 363 pregnant, postpartum, or nursing women in just over 13 months under the current administration, according to data cited in the reporting.

  1. Her 10-month-old baby needs breastfeeding. She is in ICE custody after being detained in NashvilleNewsChannel5 (WTVF) primary accessed July 30, 2026
  2. Young Nashville mother detained by ICE, separated from 10-month-old breastfeeding babyPeople's World secondary accessed July 30, 2026
  3. US Ramps Up Deportation of Pregnant PeopleHuman Rights Watch investigative accessed July 30, 2026