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Latino Daily News

Monday January 10, 2011

US Citizen Daughter Deported, but Mother Can’t Sue Federal Gov. says Supreme Court

An appeal from a Texas mother attempting to sue the federal government was rejected by the Supreme Court. The woman’s daughter, a U.S. citizen, was sent to Mexico with her father when he was deported.

The day before Rosa Gallardo turned one, her mother, Monica Castro and her father, Omar Gallardo got into a heated argument in the home they lived in near Lubbock, Texas. The argument grew violent and Castro fled.

Castro, a fourth-generation American citizen, would later seek help from the local Border Patrol to get her daughter back from Gallardo. She told them that in exchange for their help, she would give them information about Gallardo, an unauthorized immigrant. Though she kept her side of the deal, the Border Patrol agents did not, and when Gallardo was deported he took baby Rosa with him. It would be another three years before Castro was reunited with her daughter.

Following the ordeal, Castro filed a lawsuit attempting to sue the federal government over the actions of the Border Patrol agents who refused to take the girl from Gallardo and knowingly sent the U.S. citizen (Rosa) to Mexico, but her lawsuit was rejected. The court ruled that the federal government cannot be sued for the discretionary actions of the Border Patrol.

Monday, the Supreme Court did not comment on the rejection of Ms. Castro’s case.