FTCA Administrative Complaint Regarding ‘Citizenship Checkup’ of US Citizen (filed Mar. 12, 2013)

Lucy Rogers is a naturalized American citizen of Mexican descent. She lives in Chateauguay, NY with her husband and infant son. In her work as a medical interpreter for immigrant farmworkers, a program funded by the federal government, Ms. Rogers travels to New York farms to pick up farmworkers, drive them to medical appointments, and serve as their interpreter.

On December 28, 2011, Ms. Rogers was driving toward the U.S./Canada border with two farmworkers of apparent Latino descent when a Border Patrol agent pulled her over without any reasonable suspicion. The agent told Ms. Rogers that he was conducting a “citizenship checkup” and asked her and her passengers whether they were U.S. citizens. Ms. Rogers replied that she was a U.S. citizen and provided the agent with her New York State drivers’ license. Because the two farmworkers traveling with her were unable to immediately provide proof of their immigration status, Ms. Rogers was arrested and searched, under the suspicion that she was trafficking undocumented immigrants in an attempt to escape inspection upon entry into the U.S.

After several hours of being interrogated in a nearby station, CBP employees agreed that there was no proof that Ms. Rogers was engaged in trafficking. Yet they insisted that Ms. Rogers provide them with the GPS device that she kept in her car. She understood that, if she refused to do so, she would remain indefinitely in CBP custody. Consequently, she felt compelled to give it to them. Ms. Rogers did not receive it back for more than seven months. Now, after this frightening and humiliating experience, Ms. Rogers feels afraid that living near the border means that she could be stopped at any time without any reason— simply because of her race and ethnicity.

Ms. Rodgers filed an administrative complaint under the Federal Tort Claims Act.  CBP denied the complaint. The case is now closed.

• Complaint

Press:

• NYCLU Challenges Border Patrol’s Unlawful Arrest of U.S. Citizen (Mar. 13, 2013)

Counsel: New York Civil Liberties Union | Kathryn O. Greenberg Immigration Justice Clinic, Benjamin N. Cardozo Law School

Contact: NYCLU Press Office | 212-607-3372
Rebecca Engel | rengel@nyclu.org
Betsy Ginsberg | betsy.ginsberg@yu.edu