(HOUSTON) A Houston mother of nine, Margarita Avila, remains detained by ICE and faces a stark choice that underscores a tougher national enforcement climate: accept indefinite detention while she challenges a deportation order, or agree to voluntary deportation to Belize without her family. As of September 8, 2025, her case has become a flashpoint for mixed-status families in Houston and beyond, testing the limits of discretion under current policy and the human cost of removal targets set by the administration of President Trump.
Avila was taken into ICE custody within a day of her release from Harris County Jail after a minor altercation with a postal worker in Houston. Prosecutors dropped the assault charge. But because local authorities shared her information, and ICE officers saw a Belize identification card, the federal agency moved to detain her. Her attorney, David Paz, says that in earlier years people in this situation were often released while their immigration cases moved forward. Today, he says, release is rare even when charges are dismissed.

At the center of the dilemma is time and separation. If Avila contests her removal in immigration court, she could remain locked up for months or longer with no certain end date. If she signs for voluntary departure, she would likely be flown to Belize without her husband and several of her children. Some of her children are undocumented, some are asylum seekers, and some are U.S. citizens. For those without secure status, leaving the United States 🇺🇸 to visit their mother could mean they cannot return.
“It’s harder to help people in her situation,” Paz said, pointing to stricter detention and removal policies that leave little room for humanitarian release.
Avila’s relatives describe a daily life split between work, school pickups, and calls to the detention center. Her husband weighs caring for the two youngest children in Houston against uprooting them to a country their American-born sons have never known. Her daughter Lisbet, a DACA recipient, says she cannot risk travel abroad to see her mother if deported, because she may not be allowed back.
Inside detention, Avila reports medical lapses that advocates say are widespread. She says she contracted Hepatitis B while in custody, endured high fevers and vomiting, and waited days for hospital care. Federal standards say detainees must receive basic medical treatment. Yet attorneys and watchdog groups have long documented gaps in screening, delays in specialist visits, and thin oversight in far-flung facilities. Her experience, they argue, is not an outlier.
Policy shift and legal stakes
Advocates and legal experts report that since 2024 the government has increased detention and removal targets, with goals to detain up to 100,000 people and remove up to one million per year, and even higher aspirations. According to analysis by VisaVerge.com, this push has narrowed the path for release under supervision, especially when ICE flags a non-citizen shortly after a local arrest.
Whereas earlier priorities emphasized recent border crossers and serious offenses, today’s approach, they say, sweeps in people with deep family ties and minor—or dropped—charges.
ICE’s process can move quickly:
- Local law enforcement books a non-citizen and may alert ICE.
- ICE can issue a detainer and take custody upon release, regardless of whether prosecutors dismiss a case.
- The person enters removal proceedings and can:
- Fight the case before an immigration judge,
- Request bond where available, or
- Sign papers to depart voluntarily.
For many, the practical choice is harsh: wait out a court fight in detention without a clear timeline, or leave loved ones behind to end detention sooner.
Families weighing voluntary departure ask what comes next. Access to legal counsel can shape outcomes—motions to reopen, requests for stays, or appeals can change the timeline. But representation is uneven, waitlists are long, and the legal landscape has grown tougher. If Avila stays to fight, she could remain separated from her children for a long time. If she accepts removal, reunification depends on whether family members can safely travel and later secure lawful options, which may be limited.
ICE defends increased detention as necessary for enforcement and public safety. DHS leaders say consistent consequences are central to restoring order. Critics counter that blanket targets ignore humanitarian factors, place mixed-status families in impossible situations, and crowd detention centers where oversight remains thin. Houston, one of the country’s most diverse metros, has felt the impact since 2024, with attorneys and service groups reporting a surge in detentions and more cases like Avila’s.
Family fallout and community response
In homes across Houston, mixed-status families plan for multiple scenarios: separating temporarily, relocating entire households, or shifting caregiving to older siblings. Caseworkers warn that when a parent is deported, U.S. citizen children may face sudden housing and food insecurity. Schools see attendance drop when families move quickly or avoid public places out of fear.
Churches and local nonprofits field late-night calls after ICE transfers, trying to confirm locations and arrange legal screenings. Avila’s case has prompted renewed outreach by Houston-area legal aid groups.
Community guidance and resources:
– Hotlines run by legal aid groups provide referrals and screening.
– Families are guided to the ICE Detainee Locator to confirm detention locations and contact information: ICE Detainee Locator.
– Attorneys advise relatives to gather key documents:
– Birth certificates for U.S. citizen children
– Proof of residence and employment
– Medical records
– Families should record every interaction with officials—dates, names, details—which can help in later filings.
Medical care concerns
Medical care remains a pressing concern. Advocates call for immediate hospital assessment when detainees report symptoms like high fever, severe vomiting, or jaundice, and for transparent communication with families. In Avila’s case, relatives say they learned of her illness only after repeated calls and missed visits.
Her attorney argues that DHS should expand oversight, including:
– Independent audits of detention health services
– Clear complaint channels for detainees and families
The human calculus
Beyond the courtroom and medical wing, the pressing question is what happens to families left behind. Possible outcomes include:
- Husband relocates entire family to Belize, disrupting schooling and employment in Houston.
- Husband stays; youngest children grow up separated from their mother for possibly years.
- Older children remain in Houston with disrupted family structure and potential resource insecurity.
That is the human math behind removal statistics that officials tout and advocates fear.
Policy debates continue in Washington and Austin. Advocacy groups urge:
– Limits on detention for people with dropped charges
– Stronger use of alternatives to detention (e.g., check-ins, ankle monitors)
– Clear guidance restoring discretion for caregivers and long-term residents
As of September 2025, no major policy changes have taken effect. Immigration lawyers expect more cases like Avila’s as enforcement intensifies, especially in large metro areas with many mixed-status households.
For now, Avila’s choices are stark. Fight from a cell with no set release date, or fly alone to a country where most of her children cannot follow. Her lawyer weighs legal paths. Her family weighs life plans. And Houston watches, because her story mirrors many unfolding quietly across the city: parents trapped between detention and distance, kids doing homework while waiting for calls, and a system that, for now, offers few gentle options.
This Article in a Nutshell
Margarita Avila, a Houston mother of nine, has been detained by ICE since shortly after her release from Harris County Jail and now faces a stark choice: remain in indefinite detention while contesting a deportation order or accept voluntary deportation to Belize and leave behind family members with mixed immigration statuses. Her case, noted on September 8, 2025, highlights policy shifts since 2024 that raised detention and removal targets and reduced discretionary releases even when local charges were dismissed. Avila reports medical lapses in custody, including contracting Hepatitis B and delayed hospital care—complaints advocates say are widespread. Legal advocates warn that stricter enforcement narrows humanitarian options for caregivers. Community groups are mobilizing to provide legal help, hotlines, and guidance on documentation and the ICE Detainee Locator. The case underscores the human cost of aggressive removal targets and fuels calls for greater use of alternatives to detention, improved medical oversight, and restored discretion for long-term residents and caregivers.