Family deported without due process, Durham advocates say; DHS offer conflicting account

DURHAM, N.C. (WTVD) -- A Durham family of four was deported to Honduras after what advocates describe as a routine asylum appointment in Charlotte, but federal officials say the family received full due process and had no pending asylum claims or immigration applications.

According to Siembra NC, the family believed they were attending a standard check-in with federal immigration officials when they were instead detained.

"After being detained, they were taken away in a van with heavily tinted windows. They could see their aunt in the parking lot in the car. They could not wave to her. They could not speak to her or say goodbye," said Adreina Malki, defense manager with Siembra NC.

Malki says the family that includes two parents and their children, 11-year-old Genesis and 6-year-old Denis was deported within 72 hours.

A spokesperson for the U.S. Department of Homeland Security confirmed to ABC11 that the family was "returned to their home country of Honduras together" on Wednesday.

At a press conference in Durham, community advocates and state leaders said the deportation happened without due process. However, DHS disputed that claim, telling ABC11 the family "received full due process and had no pending asylum claims or immigration applications."

In response, some Democratic state leaders say they plan to begin accompanying immigrant families to asylum appointments moving forward.

"We will be witnesses and, to the extent possible, we will document what's happening and help provide rapid response assistance," said State Sen. Sophia Chitlik.

The impact is being felt inside the classroom. Durham Public Schools says it has activated mental health support services as the Burton Elementary School community copes with the sudden loss of the two students.

Durham Public Schools released the following statement to ABC11:

We are aware of reports involving a DPS family and federal law enforcement during spring break in Charlotte. We will continue to provide the essential support services our Burton Elementary students, families, and staff need during this unsettling time. We are certainly troubled by this event and will continue to keep the family in our thoughts. There is nothing more we can provide at this time.

Genesis' fifth grade teacher described her as a standout student with a love for science, known for helping classmates and teachers.

"We are lost without her. We miss her smile and laughter. We miss her tremendously," said Mika Twietmeyer, president of the Durham Association of Educators, reading a statement from the teacher.

The children's aunt attended the press conference but was too emotional to speak publicly.

The Department of Homeland Security released the following statement to ABC11:

ICE does not 'raid' schools or target children. On April 8, ICE removed Nelson Ramon Espinoza Sierra, Dacia Mariela Pacheco Galindo, Genesis Elizabeth Espinoza Pacheco, and Denis Daniel Espinoza Pacheco.

This illegal alien family unit was issued a final order of removal by a judge after they failed to show up for their immigration hearing. They were returned to their home country of Honduras together. They received full due process and had no pending asylum claims or immigration applications.This family illegally entered the United States in 2021 and were RELEASED into our country under the Biden Administration.

ICE does not separate families. Parents are asked if they want to be removed with their children or ICE will place the children with a safe person the parent designates. This is consistent with past administration's immigration enforcement.

It's important to note that the Trump Administration removed Honduras from the list of countries with temporary protected status in 2025 and a legal challenge to that was overturned earlier this year.

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