Two U.S. citizen children held in CBP custody awarded over $1 million by California judge

A federal judge in California awarded over $1 million to two siblings who were U.S. citizens and held by Customs and Border Protection in 2019. The sister, 9, was held for 34 hours and received $1.1 million, while her 14-year-old brother received $175,000. The judge also awarded $250,000 to their mother. The children were stopped at the San Ysidro border crossing from Mexico to California, where an officer suspected a mole on the sister’s passport photo. A secondary inspection led to the siblings being detained, with the brother saying his sister was a cousin. The children’s detention was deemed a violation of the Fourth Amendment by the judge, who found the conduct extreme and outrageous. The siblings were born in the U.S. but lived in Tijuana, Mexico. The children and their mother endured stress and trauma during the ordeal, with the daughter suffering from night terrors and needing therapy afterward. The judge held the government liable for false imprisonment, intentional infliction of emotional distress, and negligence. The siblings’ mother expressed gratitude to the judge for caring about what happened to her children, while their attorney criticized CBP leadership for not investigating or correcting the situation. The incident occurred at the San Ysidro Port of Entry, the busiest land crossing with Mexico in the U.S., processing thousands of northbound travelers daily.

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