Attorneys continue to fight for Maryland woman they say was wrongfully detained by ICE
Silver Spring woman, a legal US citizen, wrongfully detained by ICE: attorneys
New details have emerged in the story of a Silver Spring woman and American citizen who was allegedly taken into ICE custody. Her immigration attorney's TikTok is going viral. In it, the lawyers allege that her client is an American citizen being detained by ICE. FOX 5's David Kaplan has more.
SILVER SPRING, Md. - New details have emerged in the story of a Silver Spring woman and American citizen who was allegedly taken into ICE custody.
Her immigration attorney's TikTok is going viral. In it, the lawyers allege that her client is an American citizen being detained by ICE.
What we know:
ICE is disputing Dulce Consuelo Diaz Morales's citizenship even though attorneys say they have proof.
In a news conference on Monday afternoon, they stated that a watermarked birth certificate indicating she was born in a Laurel, Md., hospital serves as confirmation of her citizenship, along with signed affidavits from witnesses, among other documents.
Their key point of frustration is a lack of access to talk to Diaz Morales as ICE argues that she is not a citizen.
"ICE has no jurisdiction over U.S. citizens, and yet they continue to detain her," attorney Victoria Slatten said.
The backstory:
Slatten is the immigration attorney who made the now-viral TikTok to raise awareness about Dulce Consuelo Diaz Morales's case.
Diaz Morales and her sister were leaving a Baltimore Taco Bell last Sunday when they were stopped by ICE.
READ MORE: ICE disputes claim that Maryland woman arrested in viral case is US citizen
She was taken into custody, her family has talked to her but not seen her since.
Her attorneys say they haven't talked to her at all and don't know why this is happening.
"We have not been given any information as to why she was detained or why she has continued to be held despite prima facie evidence proving otherwise," Slatten said.
Dig deeper:
Attorneys went to the ICE facility in Baltimore, but didn't talk to her. Then, word she was transferred to a detention center in Louisiana.
Attorney Zachary Perez says he was slated to talk to her at 11 a.m. on Monday. Then, he got an email asking if he could do 9:30 a.m.
Perez hopped right on a call, then was told she wasn't available.
Now, despite a judge's order saying Diaz Morales can't be deported during pending legal proceedings, her attorneys are concerned that may happen.
"Just because the government has the power to do this to people doesn't obligate them," Perez said. "Might does not make right, and the way all of this has been handled from the ground up has been horribly flawed and wrong."
Attorneys say Diaz Morales was born in the U.S., but spent much of her childhood in Mexico, and returned to the U.S. without proper documentation in 2023.
What ICE says:
In a statement provided to FOX 5 on Sunday, ICE directly contradicts the family and attorney's assertions about Diaz Morales's citizenship and access to attorneys.
"Dulce Consuelo Madrigal Diaz is NOT a U.S. citizen--she is an illegal alien from Mexico. She did NOT provide a U.S. birth certificate or any evidence in support of her claim that she is a U.S. citizen.
On December 14, 2025, ICE arrest Dulce Consuelo Madrigal Diaz, an illegal alien from Mexico, in Baltimore, Maryland. On October 20, 2023, when CBP encountered her near Lukeville, Arizona, Madrigal-Diaz claimed she was a citizen of Mexico and was born on October 18, 2003.
"Her case is being adjudicated and she is receiving full due process. Any allegation that ICE does not allow detainees to contact legal assistance is FALSE. All detainees have access to phones to communicate with lawyers."
FOX 5 reached out to ICE for a direct response to the attorney's assertions from this afternoon and have not heard back.