C.M. Et Al V. U.S.

In September 2019, five asylum-seeking mothers and their children who were torn apart under the Trump administration’s family separation policy filed a lawsuit against the United States seeking compensation for the cruel treatment and agony U.S. immigration agencies inflicted on them. The five parents and their children, who were as young as five at the time of the separation, claim that the U.S. government intentionally subjected them to extraordinary trauma to deter other asylum seekers, leaving them with potentially lifelong harms.

At the time of the filing, the government had admitted to separating at least 3,800 children from their parents after they crossed the U.S.-Mexico border. In addition to the harrowing action of separating the children from their parents, sometimes by force, the government delayed, often for weeks, giving any information to the parents about their children’s whereabouts, inflicting even more trauma and distress.

Each plaintiff seeks compensatory damages from the government for its intentional infliction of emotional distress and negligence.

The Plaintiffs

C.M., on her own behalf and on behalf of her minor child B.M.

Plaintiff C.M. was 27 years old at the time of the forced separation. She is the mother of Plaintiff B.M., who was five years old at the time of the separation. C.M. and B.M. are nationals of Guatemala and are presently seeking asylum in the United States. They reside in the United States.

L.G., on her own behalf and on behalf of her minor child, B.G.

Plaintiff L.G. was 23 years old at the time of the forced separation. She is the mother of Plaintiff B.G. who was seven years old at the time of the separation. L.G. and B.G. are nationals of Guatemala and are presently seeking asylum in the United States. They reside in the United States.

M.R., on her own behalf and on behalf of her minor child, J.R.

Plaintiff M.R. was 34 years old at the time of the forced separation. She is the mother of Plaintiff J.R. who was 12 years old at the time of the separation. M.R. and J.R. are nationals of Guatemala and are presently seeking asylum in the United States. They reside in the United States.

O.A., on her own behalf and on behalf of her minor child, L.A.

Plaintiff O.A. was 25 years old at the time of the forced separation. She is the mother of Plaintiff L.A. who was five years old at the time of the separation. O.A. and L.A. are nationals of Guatemala and are presently seeking asylum in the United States. They reside in the United States.

V.C., on her own behalf and on behalf of her minor child, G.A.

Plaintiff V.C. was 23 years old at the time of the forced separation. She is the mother of Plaintiff G.A., who was six years old at the time of the separation. V.C. and G.A. are nationals of Guatemala and are presently seeking asylum in the United States. They reside in the United States.

The families taking part in the lawsuit are represented by Arnold & Porter; Kairys, Rudovsky, Messing, Feinberg & Lin; the American Immigration Council; the National Immigration Litigation Alliance and the National Immigrant Justice Center.

The 10 Plaintiffs in this action fell victim to the administration’s policy in May 2018, when federal officers forcibly separated each mother from her child while they were detained at various immigration holding centers in Arizona. Each family remained separated for more than two months. Throughout that time, the government provided only limited information to each mother about her child’s whereabouts and well-being and afforded only minimal opportunities for each mother and child to communicate, sometimes at the mother’s expense. As a result of the government’s actions, all of the plaintiffs suffered, and continue to suffer, substantial and ongoing trauma.

The Defendant

This case challenges the highest level of federal government – the United States of America. The U.S. government enforced the harmful policy of forcibly separating children from their parents and guardians, including the plaintiffs, in order to deter families from seeking asylum in the United States.

Timeline

October 10, 2023 - Court denies U.S. government's motion for summary judgment

September 9, 2019 - Lawsuit filed

February 11, 2019 - Plaintiffs submitted administrative claims to the U.S. Department of Homeland Security and the U.S. Department of Health and Human Services. Neither agency made a final disposition of any plaintiff’s administrative claim and, six months after the plaintiffs submitted the claims, they were deemed denied.