The daycare worker accused in the death of a 4-year-old Brownsville boy is now back in the custody of the United States Immigration and Customs Enforcement.

Karen Silva had a hearing on Friday morning at the magistrate court at the Carrizales Rucker Detention Center.

The defense requested she be removed from Carrizales and placed back into ICE custody in Laredo, but the state argued on keeping her at Carrizales; a judge granted the defense's request.

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Silva's attorney, Louis Sorola, said their goal was to get her out-of-state custody and back to immigration custody so she can ask the immigration court for a bond to be released pending criminal charges.

Sorola said Silva has not been formally charge in connection with the boy's death. They are also attempting to proceed with Silva's application for asylum in the United States, which she filed nearly a year ago.

Silva has been at Carrizales since her last court hearing on July 14 when the defense requested her case be dismissed, but were denied.

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As previously reported, Silva is one of two people arrested in connection with the death of Logan Urbina, who died after being left in a daycare van for nearly five hours following a field trip.

After posting her $10,000 bond with the state, Silva was taken into ICE custody.

According to an ICE spokesperson, Silva entered the United States on a non-immigrant visitor visa with permission to stay until July 19, 2024. Silva violated the conditions of her admission by overstaying on the issued visa.