SAN ANTONIO -- The American Civil Liberties Union (ACLU) is suing two agencies after the border patrol refused to release 10-year-old Rosa Maria Hernandez from a shelter of unaccompanied immigrant children in San Antonio.

Hernandez suffers from cerebral palsy and last week border patrol agents detained her after emergency gallbladder surgery.

On Monday, during her sixth day of detainment, the ACLU demanded her release by 2 p.m. threatening to file a lawsuit if Border Patrol didn’t comply. When they didn’t release her, the organization filed a lawsuit against Customs and Border protection and the Office of Refugee Resettlement.

The organization says Rosa Maria’s detainment is unlawful. Leticia Gonzalez, the family attorney, says that the 10-year-old just wants to go home.

“She just keeps saying, 'Mom, I'm better, I’m better,'” Gonzalez described. “I want to go home.”

George Rodriguez, a conservative Hispanic, criticized the demand to release Rosa Maria. He calls her situation tragic but says it’s not an excuse to let her break the law.

“We've got to understand that she entered the country illegally. She is here illegally and we cannot continue to reward and to excuse illegal immigration," Rodriguez said.

Many argue that it’s not a legal issue but a humanitarian one, calling her detainment an act against humanity.

According to Gonzalez, Rosa Maria received her Notice to Appear letter nearly a week after it was dated. The letter gives the 10-year-old an immigration court date to start deportation proceedings.