A family has been awarded $1.5 million after their two children, both U.S. citizens, were wrongfully detained at the U.S.-Mexico border. U.S. District Judge Gonzalo Curiel ruled in favor of the family, awarding $250,000 to the children’s mother, $175,000 to the boy, and $1.1 million to the girl in a civil lawsuit.
The incident occurred on March 18, 2019, when Julia, then nine years old, and her brother Oscar, 14, were making their routine crossing into the U.S. from their home in Tijuana, Mexico, to attend school. Both children were born in the U.S. and are U.S. citizens. Their mother, Thelma Medina Navarro, is a Mexican citizen with a temporary U.S. border-crossing card.
As they attempted to cross the border at the San Ysidro point of entry near San Diego, U.S. Customs and Border Patrol (CBP) agents stopped Julia, suspecting that she did not match the photo on her passport. Julia was then taken into a room and interrogated by a single CBP officer, which violated the policy requiring an additional witness for the interview of a minor.
During the interrogation, Julia was coerced into giving a false confession that she was her cousin, leading officials to believe that she and Oscar were involved in smuggling and using false identities. “The United States does not offer a coherent explanation as to why Julia would falsely confess that she was her cousin,” Judge Curiel wrote in his ruling. “Since the confession was not recorded, witnessed, or even recounted in any written detail, it will never be known why a 9-year-old U.S. citizen falsely confessed to being someone she is not.”
Following the initial interrogation, the children were separated and detained in cells at the border crossing’s Admissibility Enforcement Unit. Oscar was held for 14 hours, while Julia was detained for 34 hours. The children were eventually released after pressure from the Mexican consulate and media interviews given by their mother, Thelma Medina Navarro.
The wrongful detention had a significant impact on Julia, who suffered from insomnia and nightmares and required counseling after her release. “I hope that no one ever has this again,” Julia told NBC San Diego following the ruling.
The case highlights the challenges and potential abuses faced by individuals, even U.S. citizens, at border crossings. The ruling serves as a reminder of the importance of adhering to proper procedures and the need for accountability in border enforcement practices.
The family’s ordeal began when they were stopped by CBP agents who believed that Julia did not match the photo on her passport. This suspicion led to a series of events that resulted in the wrongful detention of both children. Julia was taken into a room and interrogated by a single CBP officer, a clear violation of the policy requiring an additional witness for the interview of a minor.
During the interrogation, Julia was coerced into giving a false confession that she was her cousin. This false confession led officials to believe that she and Oscar were involved in smuggling and using false identities. Judge Curiel noted the lack of a coherent explanation for why Julia would falsely confess and pointed out that the confession was not recorded, witnessed, or documented in any written detail.
After the initial interrogation, the children were separated and detained in cells at the border crossing’s Admissibility Enforcement Unit. Oscar was held for 14 hours, while Julia was detained for 34 hours. The children were finally released after pressure from the Mexican consulate and media interviews given by their mother, Thelma Medina Navarro.
The wrongful detention had a profound impact on Julia, who experienced insomnia and nightmares and required counseling after her release. “I hope that no one ever has this again,” Julia told NBC San Diego following the ruling.
The case underscores the importance of proper procedures and accountability in border enforcement practices. The ruling serves as a reminder that even U.S. citizens can face significant challenges and potential abuses at border crossings.
The family’s ordeal began when they were stopped by CBP agents who believed that Julia did not match the photo on her passport. This suspicion led to a series of events that resulted in the wrongful detention of both children. Julia was taken into a room and interrogated by a single CBP officer, a clear violation of the policy requiring an additional witness for the interview of a minor.
During the interrogation, Julia was coerced into giving a false confession that she was her cousin. This false confession led officials to believe that she and Oscar were involved in smuggling and using false identities. Judge Curiel noted the lack of a coherent explanation for why Julia would falsely confess and pointed out that the confession was not recorded, witnessed, or documented in any written detail.
After the initial interrogation, the children were separated and detained in cells at the border crossing’s Admissibility Enforcement Unit. Oscar was held for 14 hours, while Julia was detained for 34 hours. The children were finally released after pressure from the Mexican consulate and media interviews given by their mother, Thelma Medina Navarro.
The wrongful detention had a profound impact on Julia, who experienced insomnia and nightmares and required counseling after her release. “I hope that no one ever has this again,” Julia told NBC San Diego following the ruling.
The case underscores the importance of proper procedures and accountability in border enforcement practices. The ruling serves as a reminder that even U.S. citizens can face significant challenges and potential abuses at border crossings.
Source: NBC San Diego
