Skip to content Skip to footer

8-Year-Old Migrant Who Died in CBP’s Custody Was Denied Hospital Treatment

Anadith Tanay Reyes Álvarez was denied ambulance transport to a hospital until she suffered a seizure on May 17.

In this aerial picture taken on May 11, 2023, migrants walk through gate 42 to board vans after waiting along the border wall to surrender to U.S. Border Patrol agents for immigration and asylum claim processing upon crossing the Rio Grande river into the United States on the U.S.-Mexico border in El Paso, Texas.

Preliminary findings from an internal investigation released this week by Customs and Border Protection (CBP) showcase how officials and contractors monitoring migrant families at the U.S.-Mexico border were grossly negligent in refusing to treat a visibly sick child, who later succumbed to her illness, earlier this month.

Eight-year-old Anadith Tanay Reyes Álvarez and her family arrived in Brownsville, Texas, on May 9. The following day, she and her family underwent medical screening, during which time her health history was shared with screeners, including her history of congenital heart disease and sickle cell anemia.

Despite these warnings, when Reyes Álvarez became alarmingly sick later on, multiple pleas from her parents to transport her to a hospital were ignored.

From May 9 to May 14, the girl interacted with CBP officials and medical contractors at least nine times, with Reyes Álvarez complaining of several health issues, including fever, flu-like symptoms and body pain. Medical personnel treated her with Tamiflu, and tried to lower her body temperature with other fever-reducing medication, ice packs and cold showers.

Reyes Álvarez’s temperature reached as high as 104.9, on May 16, and she was still not allowed to go to a hospital, the report noted.

“Despite the girl’s condition, her mother’s concerns, and the series of treatments required to manage her condition, contracted medical personnel did not transfer her to a hospital for higher-level care,” the report from the CBP Office of Professional Responsibility stated, which found that officials and contractors failed to properly treat the child.

On May 17, a nurse practitioner treating Reyes Álvarez denied her parents’ requests, four times, to take her to the hospital. When her parents returned with her, in their arms and apparently suffering from a seizure, an ambulance was finally called and CPR was administered.

Reyes Álvarez died about an hour later, after finally being admitted to a local hospital.

The report offers a damning recollection of events for a death that likely could have been prevented, had Reyes Álvarez been granted the ability to get better treatment earlier on. The report is also an incomplete assessment of what went on — the investigation is ongoing, but is limited in what information it can collect, as surveillance cameras at the facility were not working at the time of her death.

Immigrant rights activists and experts sounded off on the report’s initial findings.

“Why is CBP/BP essentially in charge of refugee reception in this country? [It’s] past time to restructure refugee reception at our borders, with humanitarian agencies leading,” tweeted Eleanor Acer, the refugee protection director at the humanitarian organization Human Rights First. Acer also blamed CBP, under the Biden administration’s watch, for the “horrifying treatment” of Reyes Álvarez.

“How was she not immediately taken to the hospital? This record of harm and negligence by CBP must translate to immediate justice for Anadith’s family!” demanded Alvaro Corral, an assistant professor of political science at the University of Texas Rio Grande Valley who specializes in immigration policy and Latinx politics.

“Anadith Tanay Reyes Álvarez died after her 9th day in Border Patrol custody. Despite having a 104.9 degrees fever, the nurse practitioner denied an ambulance ‘3 or 4 requests from the girl’s mother.’ This death was preventable,” wrote Pedro Rios, a human rights advocate and the director of the American Friends Service Committee’s U.S.-Mexico Border Program.

We’re not backing down in the face of Trump’s threats.

As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.

Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.

As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.

At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.

Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.

You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.