Family Receives $1.5 Million Settlement for Unlawful Detention of Young U.S. Citizens by Customs Agents

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A court has ordered the payment of $1.5 million to a family whose two American-born children were wrongfully detained at the border between the US and Mexico.

The compensation breakdown, as outlined by US District Judge Gonzalo Curiel, includes $250,000 for the mother of the children, $175,000 for the son, and $1.1 million for the daughter, following a civil lawsuit ruling last Friday.

Nine-year-old Julia and her 14-year-old brother Oscar were apprehended on March 18, 2019, during their usual commute from Tijuana, Mexico, where they reside, to school in the US. The siblings’ last names have been omitted in legal documents, and they are recognized as US citizens. Their mother, Thelma Medina Navarro, who is a Mexican citizen, holds a temporary US border-crossing permit.

The incident occurred when the youngsters, accompanied by two family acquaintants, were crossing the border at the San Ysidro entry point near San Diego. Customs and Border Patrol (CBP) agents doubted Julia’s identity, claiming she did not resemble the photograph in her passport.

Julia was then isolated and questioned by a CBP officer without adhering to the standard procedure that requires the presence of an additional witness during minor interrogations, the court noted.

During the ordeal, Julia was pressured into falsely admitting she was her cousin, leading authorities to suspect both children of smuggling and identity fraud. Judge Curiel highlighted the lack of a clear explanation from the US regarding Julia’s unfounded admission, noting the absence of a recorded testimony or detailed written account of the confession.

Following more inquiries, the siblings were separated and placed in detention cells at the processing facility for 14 and 34 hours, respectively.

Their release came after the involvement of the Mexican consulate and public attention brought on by their mother’s media interviews.

The traumatic experience resulted in Julia suffering from insomnia and nightmares, necessitating psychological counseling, as mentioned in legal filings.

“I hope that no one ever has this again,” Julia shared with NBC San Diego after the court’s decision.


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