The ACLU of Washington filed a federal claim alleging CBP held a pregnant asylum-seeking woman and her family in a small Blaine cell for weeks. (Photo: PNW Daily)
BLAINE, Wash. — Federal authorities held a pregnant asylum seeker and her family in a small Blaine cell for more than three weeks, according to a claim filed Wednesday.
The ACLU of Washington filed a claim against the federal government Wednesday on behalf of an asylum-seeking family that alleges U.S. Customs and Border Protection held them in dangerous and degrading conditions in Blaine.
The family included a woman who was five months pregnant, her husband and four children. The children ranged in age from 11 months to 13 years.
According to the claim, CBP kept the family inside a small cell for 24 days during April and May 2025. The cell had a toilet but no window to the outside. The family alleges officials rarely allowed them to leave.
“I left my country to escape government persecution. Instead, I found myself jailed with my family and forced to watch my children suffer.”
José
Family Sought Asylum in United States
The ACLU identified the parents only as Josefina and José. The organization said the family entered the United States in 2024 and applied for asylum after facing political persecution in their home country.
According to the ACLU, authorities had imprisoned and tortured José because of his membership in an opposition political party. The organization said the family also suffered assaults and threats.
However, an immigration judge denied the family additional time to provide evidence supporting its asylum application in April 2025. The judge deemed the claim abandoned and ordered the family deported.
The family then attempted to enter Canada but federal authorities arrested them in Blaine before they crossed the border.
Claim Describes Heat and Unsanitary Conditions
The family alleges the cell became unbearably hot and remained filthy throughout much of its detention. For two weeks, the family could not shower or change clothes, according to the claim.
Additionally, the children had no toys, books, television or opportunities for physical activity. When officers eventually allowed the family to shower, they placed José and his son in handcuffs, the ACLU said.
The heat caused Josefina to struggle to breathe and become dizzy, according to the claim. She repeatedly knocked on the cell door and asked for help. However, she alleges CBP employees ignored her requests or accused her of pretending to be ill.
Officers took Josefina to a hospital only after she lost consciousness. The ACLU said doctors warned CBP that the detention conditions were unsafe for her high-risk pregnancy.
Nevertheless, CBP returned her to the same cell. Josefina later lost consciousness a second time and returned to the hospital, according to the claim.
“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. “My oldest son cried through our immigration hearing in fear we would be arrested again. We are sharing our story because we want to make sure that nothing like this ever happens to anyone else.”
Federal Government Has Six Months to Respond
The filing alleges intentional and negligent infliction of emotional distress, battery, medical negligence and failure to provide the minimum standard of care required in a detention setting.
An administrative claim under the Federal Tort Claims Act is not yet a lawsuit. Instead, it gives the federal government notice that the family seeks financial compensation for alleged misconduct by federal employees.
The government has six months to respond. Depending on that response, the family could later pursue the case in federal court.
The Washington filing is part of a coordinated ACLU effort involving 54 claims across 17 states and Washington, D.C.
“This experience was a living nightmare for our clients and something that no one should experience,” ACLU-WA Legal Director La Rond Baker said. “All people, regardless of their immigration status, deserve dignity and humane treatment from our federal government. We filed this claim on behalf of our clients to help bring this cruelty to an end.”
The allegations have not been decided by a court. The ACLU-WA announcement did not include a response from CBP.
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