Two U.S. citizens who say Customs and Border Protection officials detained them for speaking Spanish while they waited in a convenience store line in Havre, Mont., have filed a federal lawsuit arguing that their constitutional rights were violated.
The women — Ana Suda and Martha “Mimi” Hernandez — say the May 16, 2018, incident began after the nursing assistants finished work, put their children to bed and went to the gym together. They then decided to pick up milk and eggs at the Town Pump, a store in the small town about 35 miles south of the Canadian border. That’s when they say a border agent approached them and commented on Hernandez’s accent, asking where they were born, according to the lawsuit, which the American Civil Liberties Union filed against CBP on Thursday in U.S. District Court in Great Falls, Mont.
The women told the agent they were from Texas and California; Suda then made a video of the agent after he sought to see their identification cards.
“Ma’am, the reason I asked you for your ID is because I came in here, and I saw that you guys are speaking Spanish, which is very unheard of up here,” the agent says in the video, which the ACLU has released.
The women allege that the agent then detained them for 45 minutes instead of letting them go when they identified themselves as U.S. citizens. Cody Wofsy, a staff attorney with the ACLU’s Immigrants’ Rights Project, said the unlawful detention amounts to a violation of the Fourth Amendment’s bar on unreasonable searches and seizures.
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