A lawsuit has been filed after a disabled child aged 10 was detained in the US.

Rosa Maria Hernandez, who has cerebral palsy was arrested and thrown into border control custody, after traffic police stopped her family who were taking her to the hospital.

The federal suit has been filed by the American Civil Liberties Union on Tuesday.

They have demanded the immediate release of the child, who is thought to have the cognitive abilities of a six year old.

She also requires specialised care and constant attention.

Rosa was brought from Mexico to the US when she was just three months old.

She had been travelling with her 34-year old cousin who is a US citizen.

However, when the police found that she did not have any documents, they took her into custody.

The lawsuit states that her arrest is having a destructive effect on her health and violates multiple immigration laws.

It also claims that she was wrongly designated as an unaccompanied minor even though the immigration authorities are aware that she lives with her family in a stable home environment.

The Border Patrol said in a statement that its policy was to not comment on pending litigation, but added: “our trained law enforcement professionals adhere to the [Department of Homeland Security’s] mission, uphold our laws while continuing to provide our nation with safety and security”.

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