Facts

U.S. Customs and Border Protection's Trusted Traveler programs allow travelers crossing U.S. international borders to pass through expeditiously. In order to gain that benefit, applicants are thoroughly vetted and must maintain certain requirements for continued membership. In 2016, Kaji Dousa, who is a pastor and frequently travels to Mexico as part of her congregation's ministry, applied for and received a Global Entry membership which is part of the Trusted Traveler program.

In 2018, two border patrol agents interviewed migrants who were part of an attempted mass border crossing in Tijuana, Mexico into the U.S. A migrant stated that Dousa told them that if they got married, they could get papers to live in the U.S. Thereafter, the government began to investigate if the statement had any validity. On December 10, 2018, Dousa's name was in a list of "caravan organizers/instigators" emailed to the Mexican immigration authorities, requesting for their detainment and return.

On January 2, 2019, Dousa crossed the border from Tijuana to the U.S., but was unable to use her Global Entry membership. After another mass migrant crossing attempt in 2019, an entry had been added to Dousa's record. She was detained and interviewed. The agents noted that information had been collected about her and her pastoral work. Afterwards, the agents gave her back her Global Entry card and let her go.

On July 8, 2019, Dousa filed suit against certain government entities and others for declaratory and injunctive relief.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged certain retaliatory claims involving her First Amendment rights and Religious Freedom Restoration Act violations. She stated that because of her ministry activities, she was discriminated, retaliated, and targeted through the government's surveillance, detention, and interrogation. Moreover, her pastoral work was negatively affected due to defendant's actions, resulting in substantially burdening her exercise of religion.

DEFENDANTS' CONTENTIONS: Defendants noted it had a legitimate interest in its investigatory conduct, and never had the intent to retaliate against plaintiff due to her religious beliefs.

Result

The court determined that defendant Customs and Border Protection unlawfully retaliated against plaintiff for her protected First Amendment activity, violated her Free Exercise right to minister to migrants in Mexico, and violated the Religious Freedom Restoration Act when the December 2018 email was sent to Mexican authorities. Defendants were then ordered to write to Mexican authorities that they were rescinding and revoking any request made in that email as to plaintiff. Finally, plaintiff was awarded costs and attorneys' fees as the prevailing party.