D.A., et al., v. United States of America, et al., No. 1:20-cv-03082 (N.D. Ill., filed May 22, 2020)
On the night of May 23, 2018, D.A. and A.A. entered the United States with their mother, Lucinda Padilla-Gonzales, seeking asylum from political violence in their native Honduras, along with other asylum seekers. Shortly after crossing the U.S. border, several U.S. Customs and Border Protection (CBP) officers approached the group and arrested them. The CBP officers loaded the group into a van without offering them food or water. They insulted Lucinda and her children, calling them liars and telling them that they were tired of immigrants, and questioned their motives for coming to the United States. The CBP officers also told the group that they would all lose their children.
CBP officers took Lucinda and her children to the Ysleta Port of Entry in El Paso, Texas. The type of holding center they were taken to is commonly referred to by asylum seekers as an “hielera” (an “icebox,” in Spanish) because of the freezing cold temperatures. D.A. and A.A., who were still wet from crossing the river, were forced to sit, shivering, on concrete steps in the hielera. CBP officers did not give them any blankets or jackets to protect them from the cold while they waited. Though Lucinda had crutches for her injured leg, CBP officers confiscated them. The family remained in the hielera for approximately one and a half days, during which time CBP officers repeatedly insulted them.
On approximately May 24, 2018, federal agents took Lucinda and told her that she was going to federal prison. The federal agents did not give Lucinda an opportunity to explain anything to D.A. and A.A., or hug and kiss them goodbye. As the federal agents took Lucinda away in handcuffs, fourteen-year-old D.A. and five-year-old A.A. screamed and cried for their mother through a plexiglass divider.
Lucinda and the children remained separated for almost three months. Both the mother and the children were mistreated in government custody, exacerbating the trauma of their separation. The family filed administrative claims for damages under the Federal Tort Claims Act (FTCA) to which the government failed to respond.
In this action, filed on May 22, 2020, the family seeks damages under the FTCA for the trauma they suffered and continue to suffer. They also brought claims against the government contractor responsible for the care and custody of the children. The complaint alleges that the United States is liable for intentional infliction of emotional distress, breach of fiduciary duty, negligence, negligent supervision, conversion, abuse of process, and loss of consortium.
On September 9, 2020, Defendants filed a motion to dismiss and on September 30, 2020, Plaintiffs filed their first amended complaint. Defendants moved to dismiss the first amended complaint on October 16, 2020. Briefing was completed in December 2020 and the motion remains pending before the District Court.
- Motion to Dismiss
- First Amended Complaint
- Heartland Alliance’s Motion to Dismiss
- Government’s Motion to Dismiss
- Plaintiffs’ Response to Heartland Alliance’s Motion to Dismiss
- Plaintiffs’ Response to Government’s Motion to Dismiss
- Government’s Reply in Support of Motion to Dismiss
- Heartland Alliance’s Reply in Support of Motion to Dismiss
Counsel: Loevy & Loevy; Asylum Seeker Advocacy Project (ASAP)
Contact: Conchita Cruz | (305) 484-9260 | firstname.lastname@example.org