San Diego, California – A family has been awarded $1.5 million by a federal judge in San Diego after ruling that U.S. Customs and Border Protection (CBP) violated the rights of a 9-year-old girl and her brother while they were attempting to cross into the U.S. The judge, Gonzalo Curiel, found that the actions of CBP during their detention and interrogation for 34 hours in March 2019 violated their 4th Amendment rights, which protect against unreasonable search and seizure.
The family’s lawyer, Joseph McMullen, described the treatment of the children as “outrageous” and stated that it did not align with the standards of a civilized country like the United States. The incident occurred when 14-year-old Julia Medina and her brother, Oscar, were walking from Mexico to their school in the U.S. through the San Ysidro Port of Entry. Border Patrol officers stopped them, claiming that Julia’s passport photo did not resemble her.
Julia recounted her experience in Spanish, expressing fear and sadness at being alone without her mother or brother. According to the judge’s ruling, a CBP officer with a reputation for obtaining confessions was brought in to interview Julia without her brother present. The officer testified that two of his co-workers were also there. The judge stated that CBP threatened Julia’s brother with prosecution for smuggling and subjected her to false imprisonment for 34 hours, resulting in a false confession from Julia about her identity.
The ruling also highlighted two policy violations by CBP – conducting an interview with a child without a witness and failing to record the interview. The family’s lawyer emphasized the need for checks and balances to protect vulnerable individuals during interrogations. Julia and her family expressed hope that the financial settlement would serve as a wake-up call for the border agency to reassess their practices and prevent other families from experiencing similar trauma.
Despite the ordeal, Julia Medina remains focused on her future aspirations. She aspires to attend college and become a nurse.