A federal judge in California awarded over $1 million to two child siblings who were held by Customs and Border Protection in 2019, despite the fact that they are U.S. citizens. The sister, then 9, was held for around 34 hours, while the brother, 14, was held for around 14 hours. The judge awarded $1.1 million to the sister, $175,000 to the brother, and $250,000 to their mother, who sued on their behalf in 2022.
The judge ruled that the children’s detention violated the Fourth Amendment, as the officers did not give thought to the consequences of holding them for an extended period. The siblings were stopped at the San Ysidro border crossing when a CBP officer mistakenly thought there was a mole on the sister’s passport card. The girl was pressured into falsely confessing to being someone else during the investigation.
The family went through 33 hours of fear and separation, with the daughter suffering night terrors and needing therapy after she was released. The court ruled that the government was liable for false imprisonment, intentional infliction of emotional distress, and negligence in this case. The family’s attorney expressed gratitude to the judge for caring about the children’s well-being and criticized CBP leadership for failing to investigate or correct the officers’ behavior. The San Ysidro Port of Entry is the busiest land crossing with Mexico in the U.S., processing tens of thousands of northbound travelers daily.
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