CBP officers at the Ysleta Port of Entry in El Paso seized nearly $150,000 in cash from a vehicle attempting to cross southbound into Mexico — currency hidden in a child’s backpack and in the purse of the female adult passenger. Two adults were taken into custody, and the case was referred to the El Paso County Sheriff’s Office for prosecution. The full CBP release is available here.
The seizure was made shortly after 9 a.m. when a 2000 Ford Focus with two adults and two children arrived at the outbound lanes at the Ysleta port of entry. CBP officers were conducting a southbound operation at the time and selected the vehicle for an examination. During the inspection, CBP officers located bundles of U.S. currency concealed in a child’s backpack. Additional bundles of currency were located in the purse of the female adult passenger. CBP officers took custody of the driver, a 31-year-old male citizen of Mexico, and the passenger, a 27-year-old U.S. citizen female. The subjects, vehicle, and currency were turned over to the El Paso County Sheriff’s Office for prosecution.
A Child’s Backpack — The Concealment Detail That Matters
Currency bundles concealed in a child’s backpack is a deliberate concealment choice, not an oversight. Like currency hidden in children’s clothing or stuffed into soda cans, the selection of a child’s item as a concealment vessel reflects a calculation that it is less likely to receive close scrutiny during a routine inspection. The additional bundles in the female passenger’s purse — distributed across two separate locations in the vehicle — is consistent with the kind of prepared, distributed concealment that defines bulk cash smuggling under 31 U.S.C. § 5332.
Both the vehicle and both adults were seized and taken into custody. The referral to the El Paso County Sheriff’s Office for prosecution — rather than a simple civil forfeiture and release — signals that law enforcement viewed this as a criminal smuggling matter from the outset. The presence of children in the vehicle does not change the legal analysis for the adults involved, and the use of a child’s backpack as a concealment vessel will be part of the factual record in both the criminal prosecution and the civil forfeiture proceeding.
A Note on the Reporting Threshold — $10,000 or More Than $10,000
El Paso Port Director Beverly Good’s statement in the release — that travelers must report “aggregate amounts that reach or exceed $10,000” — contains a minor but worth-noting misstatement of the law. The actual reporting requirement under 31 U.S.C. § 5316 applies to amounts that exceed $10,000 — not amounts that reach $10,000. A traveler carrying exactly $10,000 is technically not required to file a FinCEN 105, though a traveler carrying $10,001 is. This distinction rarely matters in practice — anyone carrying an amount close to the threshold is better served by filing the form regardless — but the precise statutory language matters in cases where the amount seized is exactly at or very near the threshold.
Would Reporting the Currency Have Helped Here?
In most currency seizure cases, the answer to this question is yes — filing an accurate FinCEN 105 and being able to demonstrate legitimate source and intended use is the mechanism that protects legitimately held cash at the border. But this case is different. The referral for criminal prosecution, the concealment of currency in a child’s backpack and a purse in bundles, and the profile of the crossing — a Mexican national driver and a U.S. citizen passenger in a vehicle heading southbound from the El Paso area — all point toward an independent basis for seizure beyond the reporting violation itself.
Even if this couple had filed a FinCEN 105, CBP would still have had the authority to seize currency it had reason to believe was connected to illegal activity — drug proceeds, money laundering, or other criminal enterprise. The reporting requirement is necessary but not sufficient to protect currency that has an illegal source or is going to an illegal use. Filing the form protects travelers who are carrying legitimately obtained cash. It does not protect currency that CBP can demonstrate — or reasonably suspects — is connected to criminal activity. In this case, the subsequent referral for criminal prosecution suggests the government believed it had that basis.
The Civil and Criminal Tracks — Running in Parallel
With the case referred to the Sheriff’s Office for prosecution, both adults face criminal exposure alongside the civil forfeiture of the currency and vehicle. As in every case involving an arrest and criminal referral, the civil forfeiture proceeds on its own track regardless of the criminal outcome. A CAFRA Notice of Seizure will be issued, the election of proceedings deadline will run, and any response — petition for remission, CAFRA judicial claim, or offer in compromise — must be coordinated carefully with whatever is happening in the criminal proceeding. Statements made in the civil case can affect the criminal case, and the civil deadlines do not pause for the criminal case to resolve.
Has CBP Seized Your Cash at El Paso?
If CBP has seized your currency at the Ysleta crossing, the Bridge of the Americas, or any other El Paso port of entry, contact us immediately. Read our customs money seizure legal guide or watch the video series. Read our guide on why you must not contact CBP without an attorney after a seizure. See our currency seizure case outcomes. Call us at (734) 855-4999, send a text message, or reach us on WhatsApp. You can also contact us online.