Family sues over immigrant child’s death in custody

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    Civil rights organizations have taken legal action on behalf of the family of an 8-year-old girl who passed away while in the custody of Border Patrol in 2023, despite her mother’s persistent requests for medical attention. The child died nine days after the family approached border officers following their crossing of the Rio Grande from Mexico.

    Anadith Danay Reyes Alvarez, who suffered from chronic heart issues and sickle cell anemia, died after staff at a U.S. Customs and Border Protection detention facility did not call an ambulance, according to U.S. officials, legal representatives, and her family. Her tragic passing occurred during a surge of illegal crossings into the United States, stirring criticism of American authorities due to overcrowded detention facilities. This incident prompted inquiries into the circumstances surrounding Anadith’s prolonged custody, exceeding the agency’s 72-hour limit, as well as the healthcare provided to detained immigrants.

    The Texas Civil Rights Project and Haitian Bridge Alliance are pursuing $15 million in damages in the lawsuit, which was lodged on Thursday amidst renewed focus on the treatment of immigrants during the Trump administration’s stringent policies. Rochelle Garza, president of the Texas Civil Rights Project, declared in a statement, “CBP’s refusal to provide Anadith the medical care she needed was cruel and inhumane. CBP must act now to prevent another tragedy like this.”

    An internal probe revealed that although medical staff were informed of Anadith’s medical history, they opted not to examine her records until after she suffered a seizure and died on May 17 in Harlingen, Texas. “Despite the girl’s condition, her mother’s concerns, and the series of treatments required to manage her condition, contracted medical personnel did not transfer her to a hospital for higher-level care,” stated the CBP report. Following her death, the Border Patrol’s chief medical officer was reassigned.

    Anadith, whose parents hail from Honduras and who was born in Panama, was diagnosed with the flu on May 14 at a temporary holding facility in Donna, Texas, then subsequently moved with her family to Harlingen. Over the next four days, interactions between staff and Anadith and her mother occurred frequently, addressing concerns such as high fever, flu symptoms, nausea, and breathing difficulties, according to a CBP report.

    A congressional investigation conducted in January revealed that her death was not an anomaly but instead consistent with other instances of inadequate care in CBP custody. It indicated that children were detained excessively, and highlighted persistent issues like chronic understaffing and unreliable medical care being prevalent in detention facilities.