Family sues US over 8-year-old's death in custody after crossing the border

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McALLEN, Texas (AP) — The Honduran family of an 8-year-old girl with a heart condition who died in U.S. custody after crossing the border in 2023 sued the federal government on Friday.

Anadith Danay Reyes Alvarez, who had chronic heart problems and sickle cell anemia, got sick with flu-like symptoms and died after being detained for eight days in a U.S. Customs and Border Protection facility in Donna, then later Harlingen, Texas.

An internal CPB investigation found found failures in providing proper medical care and that medical personnel did not review documents the mother offered which described the girl's sensitive condition. In custody, Anadith had a high fever of 104.9 F (40.5 C) as well as nausea, breathing difficulties and pain.

Despite pleas from her mom, the child was not taken to a hospital until her body went limp in her mother's arms. Mabel Alvarez Benedicks described her daughter's death in an emotional interview with The Associated Press later that week.

The U.S. Department of Homeland Security did not immediately respond to a request for comment on the lawsuit.

Friday's wrongful death lawsuit follows a tort claim made against the government last year which was denied in October. The lawsuit is seeking to cover damages suffered by the family but does not request a specific monetary amount.

The child's mother said she visits a psychiatrist regularly and takes medication to help her sleep. Her father, Rossel Reyes Martinez, said their daughter's death was the realization of a parent's worst nightmare.

“That is why we are filing this lawsuit today in her memory, to ensure that no family has to endure the same pain we have endured,” her father said Thursday.