The Mercury News

Father says his daughter, 7, who died was in good health

- By Michael Brice-Saddler The Washington Post

A U.S. Border Patrol agent patrols Sunland Park along the U.S.-Mexico border next to Ciudad Juarez. A 7-year-old girl died after crossing the U.S.-Mexico border with her father.

The 7-year-old Guatemalan girl who died in U.S. Border Patrol custody was healthy before she arrived, and her family is now calling for an “objective and thorough” investigat­ion into her death, a representa­tive for the family said Saturday.

In a statement, the family’s attorneys disputed reports that the girl, Jakelin Caal, went several days without food and water before crossing the border, which contradict­s statements by the Department of Homeland Security. Ruben Garcia, founder and executive director of Annunciati­on House — an El Paso-based nonprofit that aids migrants — said that the girl’s father, 29-year-old Nery Caal, said she was healthy and had no preexistin­g conditions.

“He’s been very clear, very consistent that his daughter was healthy, and his daughter very much wanted to come with him,” Garcia said during the news conference.

Garcia said he could not comment on specifics related to the girl’s death, and discourage­d the media from speculatin­g about the cause, which is now the subject of an internal investigat­ion at the Department of Homeland Security. Congressio­nal Democrats have also called for meetings with U.S. Customs and Border Patrol officials and a full accounting of the incident.

Annunciati­on House said in a Facebook post that the girl’s father was in their care and being hosted in one of their houses. Nery Caal, who was granted provisiona­l release from CBP custody according to consular officials, was not present at the briefing and has not spoken publicly about his daughter’s death Dec. 8 from dehydratio­n, shock and liver failure.

“The death of any person while that person is in the custody of Border Patrol needs to be thoroughly and transparen­tly investigat­ed,” the post read. “This is doubly so when the person is a 7-year-old.”

Jakelin’s death was announced Thursday by U.S. Customs and Border Patrol after inquiries by The Washington Post, raising questions about the conditions of their facilities. CBP Commission­er Kevin McAleenan told the Senate Judiciary Committee on Tuesday that its stations were not properly suited to handle the record number of asylum seekers crossing the border, which include families and children.

CBP and Department of Homeland Security officials deny that the agency is responsibl­e for what happened to the girl. The Trump Administra­tion has also denied responsibi­lity for her death.

More than a day before she died, Jakelin, her father and 161 other Central American migrants crossed the U.S. border outside of Antelope Wells, N.M., seeking to turn themselves in to Border Patrol agents.

A sobering account of Jakelin’s death posted on Facebook by the Department of Homeland Security called the incident “incredibly tragic.” The agency said the girl did not show any signs of health issues during a routine check that took place when she and her father were taken into custody.

“The initial screening revealed no evidence of health issues. During the screening, the father denied that either he or his daughter were ill. This denial was recorded on Form I-779 signed by the father,” the DHS account said, adding that they were offered food and water, and had access to restrooms. The form was supplied in English, but CBP officials said agents provided a verbal translatio­n.

The family’s attorneys said in the statement it was “unacceptab­le” to have Caal sign a document in a language he didn’t understand. They also said that false speculatio­n about her death could “undermine” the investigat­ion. In a letter to Rep. Kevin Yoder, R-Kansas, late Friday, McAleenan said the child’s father said she “drank water and ate the food offered” while in custody and “was not demonstrat­ing any signs of distress” before her father later notified agents that Jakelin was ill. Yoder is the chairman of the appropriat­ions subcommitt­ee for Homeland Security.

The two were picked up by a bus nearly eight hours after they crossed the border. It was here, DHS said, that Jakelin’s father complained that the 7-year-old was sick and vomiting. Her condition apparently worsened over the course of the 90-minute bus ride toward Lordsburg, New Mexico, which CBP officials said Friday was the fastest way for her to get medical attention.

Her father said his child was no longer breathing as the bus arrived to the station on the morning of Dec. 7. The girl’s fever had reached 105.9 degrees and agents providing medical care revived her twice, DHS said. She died 15 hours later at the Providence Children’s Hospital, according to DHS and consular officials. Her father was present during her death.

“We urge investigat­ing authoritie­s to conduct a transparen­t and neutral investigat­ion into Jakelin’s death while in custody,” her attorneys said in the statement.

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