A federal judge in California recently awarded over $1 million to two child siblings who were held by Customs and Border Protection (CBP) in 2019, even though they were U.S. citizens. The sister, then 9 years old, was held in custody for approximately 34 hours, while her 14-year-old brother was held for around 14 hours. U.S. District Judge Gonzalo Curiel awarded $1.1 million to the sister, $175,000 to the brother, and $250,000 to their mother, Thelma Medina, as a result of the lawsuit filed in 2022. Judge Curiel found that the children’s detention violated the Fourth Amendment and deemed the government’s conduct as extreme and outrageous.
The siblings lived in Tijuana, Mexico, but were born in the U.S. and attended school in San Ysidro, California. They were stopped at the San Ysidro border crossing when a CBP officer noticed what he thought was a mole on the sister’s passport card photo, which led to further questioning. The brother provided an incorrect answer during the inspection, and the sister was taken for an individual interview. The family alleged that the sister was pressured into saying she was someone else, while the government claimed the brother had made that statement without being prompted by officers. Judge Curiel did not accept the government’s explanation, questioning the reason behind detaining two minors for suspicion of false citizenship without further investigation.
Thelma Medina, the children’s mother, shared that she tried unsuccessfully to get information from CBP about her children’s detention. She contacted local police and the Mexican Consulate for assistance during the 33 hours of separation, which she described as “terror.” The sister suffered from night terrors post-release and required therapy. The court ruled the government liable for false imprisonment, intentional infliction of emotional distress, and negligence during a bench trial held in March. Medina expressed gratitude to Judge Curiel for acknowledging what happened to her children and called for accountability from CBP leadership.
In response to the ruling, a CBP spokesperson did not immediately provide a comment. The attorney representing the family, Joe McMullen, criticized CBP leadership for failing to address the incident and emphasized that no child should endure the treatment experienced by the siblings. San Ysidro Port of Entry, located in San Diego near the U.S.-Mexico border, is identified as the busiest land crossing with an average of 70,000 northbound vehicle passengers and 20,000 northbound pedestrians processed daily. The incident involving the child siblings sheds light on the potential consequences of immigration enforcement practices and highlights the importance of protecting the rights of individuals, including minors, at border crossings.
The court’s decision to award more than $1 million in damages to the child siblings underscores the significant impact of their ordeal and the legal violations that occurred. The case serves as a reminder of the complexities and challenges faced by individuals, especially minors, during immigration enforcement processes. The ruling also emphasizes the role of judicial oversight in ensuring accountability and justice in cases of government misconduct. Moving forward, the incident prompts a reevaluation of border enforcement practices and the need for improved protocols to prevent similar violations in the future. Overall, the outcome of the lawsuit signifies a step towards accountability and justice for individuals subjected to unlawful treatment at the border.
