San Diego Judge Awards $1.5M To Family After Children’s Wrongful Detention at US Border

A San Diego judge has ruled in favor of the family with children who were wrongfully detained at the U.S. border for hours.

The children and their families are being awarded compensation totaling over $1.5 million for the damages, emotional torture, and trauma the children acquired during the unjust questioning by border officers at the San Ysidro Port of Entry.

Family Awarded $1.5M for Wrongful Detention

In a corner decision, U.S. District Judge Gonzalo Curiel established that U.S. Customs and Border Protection (CCBP) officers at the San Ysidro Port of Entry falsely judged a 9-year-old girl for 34 hours and her 14-year-old family for 14 hours.

The siblings, both U.S. citizens, were detained while trying to cross the border from Mexico to attend an academy in San Ysidro, California. Judge Curiel ruled that the detention of the siblings violated the Fourth Amendment rights, which protects against senseless searches and confiscations. 

The court awarded 1.1 million to the sister, 175,000 to the brother, and 250,000 to their mother, Thelma Medina, for false imprisonment, purposeful infliction of emotional torture, and negligence. The family filed their suit in 2022, seeking justice for the trauma they endured.

Wrongful Detention of Siblings at the US Border

On March 18, 2019, the siblings were stopped by CBP officers at the San Ysidro border crossing due to a perceived disagreement in the family's passport card photo.

The officers claimed to see a mole in the print that was not present on the girl in person. This led to a secondary examination where the family gave an incorrect answer about their former crossings, pressing officers to detain them further.

During the detention, the family was pressured to admit she was someone else, allegedly a cousin.

Despite the U.S. government's claim that the brother had mistakenly identified his sister as the cousin, Judge Curiel rejected this explanation, doubting that the youthful girl would falsely confess under similar circumstances.

The judge emphasized that detaining the children without proper inquiry while their mother and godmother were trying to reach them was unreasonable.

While her children were in guardianship, Medina made hopeless attempts to get answers from CBP, indeed reaching local police and the Mexican Consulate. Her daughter's time in custody was marked by fear and confusion, resulting in night terrors and the need for remedies after her release.

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Judicial Implications on Violation of Constitutional Rights

Judge Curiel's ruling condemned the CBP's conduct as "extreme and outrageous," pressing the agency's failure to consider the probable consequences of detaining young children for similar extended periods.

The ruling underscored the significance of upholding constitutional rights, even in border security operations.

Medina expressed gratitude to Judge Curiel for admitting the injustice her children faced. Her attorney, Joe McMullen, criticized CBP leadership for not taking corrective measures following the incident. He stressed that no other child should receive parallel treatment.

The San Ysidro Port of Entry, the busiest land crossing between the U.S. and Mexico, processes roughly 70,000 vehicle passengers and 20,000 pedestrians northbound daily.

This case highlights the need for responsibility and reform in border enforcement practices to help prevent future violations of civil liberties.

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