The American Civil Liberties Union is suing the U.S. government after Border Patrol detained an immigrant 10-year-old girl with cerebral palsy.

The lawsuit calls for the release of Rosa Maria Hernandez, claiming detaining her violates federal law and puts her health at risk.

The 10-year-old was taken by border agents from a Corpus Christi hospital where she was having gallbladder surgery.

Currently, she is being held at a facility in San Antonio for unaccompanied minors who have entered the country illegally.