Deported Venezuelan mother accuses US government of 'kidnapping' her child

Yorley Inciarte, the Venezuelan mother who was deported last week to her home country without her 2-year-old daughter and whose partner was sent to El Salvador, is accusing the U.S. government of "kidnapping" her child.

"My daughter was born in Venezuela, not in the United States," Inciarte told ABC News in Spanish. "They are criminals, because they are kidnapping Venezuelans, a 2-year-old girl."

After being in detention for nearly 10 months, Inciarte was deported last week to Venezuela without her daughter Maikelys Antonella Espinoza, who is not a U.S. citizen. Her partner, Maiker Espinoza Escalona, was sent to the CECOT mega-prison in El Salvador on March 30 under Title 8, which covers the deportation of migrants deemed to be removable.

The Department of Homeland Security has labeled Inciarte and Escalona as "Tren de Aragua parents," alleging the two are members of the Venezuelan criminal gang.

"The child's father, Maiker Espinoza-Escalona is a lieutenant of Tren De Aragua who oversees homicides, drug sales, kidnappings, extortion, sex trafficking and operates a torture house," DHS said in a statement last week. "The child's mother, Yorely Escarleth Bernal Inciarte oversees recruitment of young women for drug smuggling and prostitution."

The statement by DHS was posted online in response to claims from Venezuelan government officials also accusing the Trump administration of kidnapping the 2-year old.

"Everything is false," Inciarte told ABC News in response to DHS characterizations. "Here I am waiting for the evidence they have because if they are accusing me, it's because they have proof of what they are saying -- but here I am waiting."

DHS officials did not provide any evidence of the allegations against Inciarte and Escalona. When asked for comment, the agency sent ABC News a statement they published last week listing the allegations against the couple.

An ABC News review of county and federal records in the U.S. found no cases associated with Escalona. ABC News located a federal criminal case against Inciarte for improper entry into the U.S. in 2024; according to the documents, Inciarte pleaded guilty and was sentenced to time served and one business day.

Venezuelan documents provided by their family appear to show the two do not have criminal records in their home country

"I don't want any mother to go through what I'm being accused of," Inciarte told ABC News.

Inciarte, Escalona and their child entered the U.S. last year seeking asylum, and surrendered to authorities who separated the three of them, Inciarte told ABC News.

Inciarte and Escalona were placed in separate detention centers in Texas and their daughter was placed in government custody, said Inciarte, who told ABC News that she was able to speak with her daughter on video calls and with Escalona over the phone.

The two adults were placed in asylum proceedings but they eventually asked for a deportation order so they could be reunited with their child, one of their attorneys told ABC News.

Since arriving back in Venezuela, Inciarte said she has received support from her country's government, including Venezuelan President Nicolás Maduro.

"Her husband was unjustly sent to a concentration camp in El Salvador," Maduro said on Thursday during a speech alongside Inciarte. "There he has no contact with lawyers, or a judge and he has committed no crime in that country."

"Sooner rather than later, we are going to rescue our girl Maikelys Espinoza and the 253 kidnapped in El Salvador safe and sound," Maduro said, referring to more than 200 alleged Venezuelan gang members who were send to CECOT by the Trump administration under the Alien Enemies Act.

"When my partner and my daughter arrive here, the only thing I think about is staying here in my country, because the only one who supported me and fought alongside me was my country, no one else," Inciarte told ABC News. "And I will never, ever abandon my homeland. I won't even mention the United States, it will never come up. Because what I experienced in that country was so horrible, I don't even want to talk about how bad it is."

Inciarte told ABC News that before she was deported, she was told her daughter was going to be deported with her.

"An officer came to me with a document saying that my daughter was going to be sent to Venezuela with me," Inciarte said. "But it was all a lie because when the plane arrived, my daughter wasn't there. I asked ICE, and they didn't say anything. I got upset."

"I was begging them to please let me off and that I would wait at the [detention] center, no matter how long it took, but I wanted to leave with my child." Inciarte said.

Inciarte said that if she could give a message to her daughter, who is under the custody of the Department of Health and Human Services in Texas, she would tell her that they will never be separated again.

"What I would say to her is that we will never, ever be separated again," Inciarte said. "Never ever, my daughter, I assure you. We will fight for your dad. And we will be united as a family in love, just like before."