HOUSTON (AP) — The American Civil Liberties Union is suing the U.S. government to demand that it release a 10-year-old girl with cerebral palsy detained by Border Patrol agents after surgery because she is in the U.S. without legal permission.

A lawsuit filed Tuesday alleges that by detaining Rosa Maria Hernandez, the U.S. government is violating federal law and putting her health at risk.

Rosa Maria is currently being held at a San Antonio facility for unaccompanied minors who have entered the country illegally.

The Border Patrol has said its agents took the child into custody last week after emergency gallbladder surgery out of concern for her welfare.

Rosa Maria's brought her into the U.S. from Mexico in 2007.