Jose Daniel Contreras-Cervantes, a Mexican father who has a rare form of leukemia, is being held in immigration detention.
His case has drawn strong reactions and brought attention to the real-life effects of a controversial immigration policy, the ACLU says.
This policy, introduced during the Trump administration, allows ICE broader authority to detain and deport individuals, including those without criminal records. Advocates argue that it fails to consider humanitarian aspects, particularly in cases like Jose’s.
Jose Daniel Contreras-Cervantes is 39 and has lived in the United States since he was a teenager.
He has been in immigration detention since August. His lawyers and his wife, Lupita, who is a U.S. citizen, say he has not received the regular medical care he needs to survive.
“For 22 days, Jose did not get his daily leukemia medication,” Lupita Contreras said during a virtual press conference.
“These gaps in treatment can cause serious symptoms and endanger his life.”
Doctors had set up a specific and steady treatment plan for him. However, the ACLU says immigration officials are only providing him with a substitute treatment, which consists of general chemotherapy medications instead of the personalized regimen previously prescribed by his oncologist.
This substitute treatment is not overseen by a team of specialists, which is critical for his unique medical condition.
Attorney Miriam Aukerman, who represents the family, said he is getting some care, but not what his condition really needs.
Jose was detained after a routine traffic stop. In August, he was pulled over for driving ten miles over the speed limit, according to his wife and the ACLU.
Other than this traffic ticket, he has no criminal record.
His wife underscored the situation: “We knew our time together was limited, but never imagined it would be taken from us this way.”
Civil rights advocates see the Contreras-Cervantes case as an example of a larger policy issue. The ACLU says the Trump administration put in place a rule called the ‘Secure Communities Program’ that gives ICE more power to detain and deport people, even those without criminal records.
Advocates argue this policy ignores basic humanitarian concerns. “This directive is a sweeping abuse of power,” Aukerman said. “Unchecked, it could lead to mass family separations.”
In a statement, the organization noted that other plaintiffs involved in the same lawsuit have lived in the United States for decades. Some arrived as children and have never known another country. “None of them has a criminal record, apart from minor traffic offenses,” the statement said.
When ABC News reached out, the Department of Homeland Security, which runs Immigration and Customs Enforcement, chose not to comment.
Their silence stands out against the strong public response to Jose’s case, which has brought more attention to the ongoing debate over how detention centers are managed. Previously, ICE has issued statements in similar instances, often emphasizing its commitment to lawful enforcement activities and prioritizing threats to public safety. Additionally, ICE has stated it follows procedures for providing necessary medical care to detainees.
Jose’s situation raises two questions: the proportionality of detention measures and respect for the right to health. For his family, the current detention is viewed as depriving a seriously ill man of necessary care and the family of important time together. Legally, the family may pursue options such as filing a habeas corpus petition to contest the lawfulness of his detention or seeking a medical deferment due to his health condition, which would allow them to request that he be released on humanitarian grounds while he awaits further legal proceedings.
“We don’t want special treatment,” Lupita concluded. “We only ask that he gets proper care and time with us.”
