NASHVILLE, Tenn. (WZTV) — Esther Lopez-Sanchez is currently in U.S. Immigration and Customs Enforcement (ICE) custody at a South Louisiana processing Center, while she said her baby is in the custody of the Department of Children’s Services (DCS).

Lopez-Sanchez is pleading to be reunited with her citizen baby, who was born on US soil.

An immigration attorney told FOX 17 News that custody should be given to the party that has the best interest of the child.

In Lopez-Sanchez’s case, he said getting custody could be complicated.

While Lopez-Sanchez has been in ICE custody, she has been fighting to figure out a way to get her baby back.

Migrant advocate Zeinab Al-Mathkour told FOX 17 News she speaks to Lopez-Sanchez daily from the detention center.

“This has destroyed her,” said Al-Mathkour.

She said Lopez-Sanchez was arrested last year while pregnant.

Once at a Rutherford County jail, Al-Mathkour said Lopez-Sanchez went into labor and gave birth at a nearby hospital.

Lopez-Sanchez was then sent to the detention center, reportedly without her baby.

“She had her baby for only two and a half days,” said Al-Mathkour.

I asked Al-Mathkour if Lopez-Sanchez would be willing to go back to Mexico if it meant being reunited with her child.

“Her whole focus is regaining custody of her daughter, whether that means fighting deportation here, or going back to Mexico,” replied Al-Mathkour.

Court records show Lopez-Sanchez was arrested on August 15th, 2024, along with her partner Roberto Nunez-Gomez, for drug and firearm charges.

Lopez-Sanchez’s charges were dropped on November 12, 2025, but Nunez-Gomez was convicted.

Al-Mathkour said Nunez-Gomez is the baby’s father and claims he is now an ex.

“How can Esther advocate for the baby if she lived with a partner that is now a convicted felon?” I asked Al-Mathkour.

“So, a few things. So one, they are not legally married. Sure. And two, the baby, the mom is perfectly capable of caring for her child,” replied Al-Mathkour.

Steve Gill is a conservative political analyst.

“The real focus has to be is best for the child, whether it is being under foster care here in the US while the mother is back in Mexico or whether it is dispatching the child to Mexico, which is a hard call.” said Gill.

Immigration attorney Andrew Rankin agrees the court decides custody based on the interest of the child.

However, he said migrants need to be granted the opportunity to be heard in court regardless of the outcome.

“There is an argument that as a matter of due process, parents have the right to parent their child,” said Rankin.

He added, reliable family members should be next in line.

Al-Mathkour told FOX 17 News Lopez-Sanchez asked to give the baby to family members.

“(DCS) told her those won’t work because one of them is undocumented. The other one lives with someone who is undocumented,” said Al-Mathkour.

“Does it matter if the family member is undocumented?” I asked Rankin.

“It could matter to DCS,” he replied.

He said it matters because the family member might be detained too, leaving the child in limbo.

I reached out to a DCS spokesperson, and she said she can’t provide any information because of confidentiality laws.

Lopez-Sanchez made claims about “unlivable” conditions along with neglect at the Rutherford County jail and at the ICE detention center.

I asked ICE for comment on the claims. They said they are working to get us a statement.

If we get it, we will include it.

The Rutherford County DA could also not be reached for comment.

FOX 17 News reached out to Rutherford County’s Sheriff’s Office as well. We are waiting to hear back.