A woman who said that as minor she was sexually assaulted by a border agent has won a six-figure settlement from the federal government. The $125,000 payment, secured with the assistance of the American Civil Liberties Union of Northern California, “is believed to be one of the first sexual assault cases Customs and Border Patrol (CBP) has settled with a minor,” the Daily Beast reports.
Back in July 2016, the then-17-year-old had crossed the border with her older sister to reunite with their mom in the U.S. when they were taken into custody. Both were forced to undress, and both were then molested over their breasts and genitals. “The lawsuit claims the officer told the girls he was looking for weapons,” but “a Homeland Security policy memo from 2014 states that opposite-gender strip searches should not be conducted except in ‘exigent circumstances.’” It’s unknown exactly what weapon the officer thought a minor searching for her mom was carrying.
The minor and her older sister reported the abuse, including making sworn statements to government investigators. But when it looked like the investigation, including their testimonies, wouldn’t see the light of day, the two decided to sue. “We’re doing this with the hope that no one else will ever be sexually assaulted by CBP officers, or any law enforcement,” the older sibling wrote in 2017.
Out-of-control CBP has a long history of horrific abuse. “The US government has paid out more than $60m in legal settlements where border agents were involved in deaths, driving injuries, alleged assaults and wrongful detention,” a report examining a decade of documents revealed last year. It’s unclear if the officer who assaulted the two has even been disciplined for his crimes. $125,000 doesn’t come close to justice, but there must be some accountability.
It’s all the more important considering agents are still tearing vulnerable adults and children apart at the border. “Telling this story isn’t easy for me,” the older sister continued in her blog post, “but I want to help others that are thinking of crossing the border. What happened to us is NOT normal; it is NOT part of protocol; and it is NOT legal. No one, no matter the situation or their background, deserves to go through this.” The Daily Beast reports that her little sister is now studying in California.
“We’re glad our client will receive some compensation for the emotional and physical abuse that a border patrol agent inflicted on her,” said the ACLU’s Angélica Salceda. “Too often, immigrant children seeking refuge from trauma and abuse in their home countries experience additional mistreatment at the hands of CBP. These officers are not above the law, and abuses of power must not be tolerated.”