The ACLU plans to seek $15 million from Homeland Security on behalf of a Washington family accusing Customs and Border Patrol agents of keeping the six family members, including children, in deplorable" conditions.
The American Civil Liberties Union gave notice Tuesday they intend to file the federal claim on behalf of the family of six, including a pregnant woman, allegedly detained in a single windowless cell for a month in Blaine. After giving notice, the government can either negotiate, deem the claim as closed or ignore the claim for six months.
The family, who sought asylum from southwestern Africa, was detained between April 22 and 24, and released on May 20, 2025. The ACLU is waiting for the exact date of detainment from the federal government, according to David Montes, an attorney for ACLU Washington. According to CBP policy, detainees should not be held for more than 72 hours.
CBP and DHS have not responded as of Wednesday afternoon.
Parents Josefina, José and their four children were held in a Blaine CBP cell and suffered "torturous conduct," according to an administrative complaint report from the ACLU.
José and Josefina are referred to in the complaint only by their first names to protect them from possible retaliation from their home country's government, according to the ACLU.
The family was forced to use one toilet, were not allowed to change their clothes or shower for almost two weeks, and reported "unbearably" hot conditions, according to the complaint.
Josefina, who was five months into a high risk pregnancy, was taken to a nearby hospital twice during her detention due to the "unsafe" conditions, according to the complaint.
When the mother didn't show up for a doctor's appointment, her service provider looked into her chart, and found she had been admitted to a Bellingham hospital by CBP. The mother and provider were planning on transferring to a higher level of care. Medical staff did not know she was being detained and her provider then called the ACLU.
The hospitals informed CBP staff multiple times that the conditions in the detainment cell were unsafe for Josefina, but she was forced to return and suffered complications to her pregnancy, according to the ACLU.
Children kept in cell, ACLU says
For weeks, the children — who were 13, 10, 5 and 11-months-old — had no mental stimulation or physical activity, according to the complaint.
They cried often, and were confused about why they were trapped in the cell, according to their mother.
“I wanted to comfort them but had no answers to give them,” Josefina said through the ACLU.
The oldest child, 13, was allegedly handcuffed when CBP took them to a shower facility, according to the report.
The child allegedly cried through their immigration hearing, afraid they would be arrested again.
“After we were released, my children were terrified to leave our home because they thought they could get sent back to the cell at any time," Josefina said.
Montes says the children are in school and are learning to navigate the trauma, but still afraid to leave the house, and think the government is coming to get them.
Family says they fled persecution just to find it in U.S.
Josefina and José came to the U.S. seeking asylum in 2024, after their home country's government persecuted them for José's membership in an opposing political party, according to the ACLU.
José was imprisoned without cause and tortured, and the government broke into the family's home, assaulting and terrorizing the family, the complaint read.
“I left my country to escape government persecution," said José. "Instead, I found myself jailed with my family and forced to watch my children suffer."
CBP agents admitted them to the U.S. and Josefina and José applied for asylum, but in April 2025 an immigration court judge denied their request for additional time to submit proof of their asylum claim, deemed the claim abandoned and the family to be deportable, according to the ACLU.
The family was on their way to Canada to seek asylum in fear they would be sent back to their home country, but before they reached the border, they were detained by CBP in April of 2025 near Blaine, according to the complaint.
“This experience was a living nightmare for our clients and something that no one should experience,” said ACLU-Washington legal director La Rond Baker. “All people, regardless of their immigration status, deserve dignity and humane treatment from our federal government.”
Josefina had her baby last year, and both are in good health. The family lives in the Seattle area, and continues to appear for immigration court hearings.
ACLU seeks $3M per family member
ACLU officials, under the Federal Tort Claims Act, claim CBP and the Department of Homeland Security owes the family $15 million— $3 million for each family member detained in April and May of 2025.
"This family suffered severe abuse at the hands of the federal government," said Montes. "No one should have to go through that."
The ALCU intends to file charges as soon as the claim is closed or after the six-month grace period, according to Montes. Cases like this are unpredictable, but Montes believes it could take a year or two to resolve.
"The facts of this case are so egregious," said Montes. "If the federal government looks at the facts, they might want to settle.
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