Aztec dance group claims ceremonial feathers were confiscated at US-Mexico border

SAN YSIDRO, Calif. (KABC) -- An Aztec dance group is suing the federal government after hundreds of feathers were confiscated from them at the U.S.-Mexico border.

The incident happened in March.

Danza Azteca Tenochtitlán was in Mexico, bringing back other dancers for an event when they were stopped at the border crossing at San Ysidro.

Rubi Marek was in tears as she described how she felt that day, saying it made her question passion. She even said she was treated like a criminal.

"Embracing your own culture, embracing your own identity, that it's wrong," she said. "I was treated like ... [the] cartel."

She said their vehicle was surrounded and agents from the Department of the Interior confiscated hundreds of feathers. Documents show they were from macaws, parrots, pheasants and other birds.

"Not at any time did they ask them were these for religious purposes and the other thing is that these feathers were coming from Mexico, where Native American religious practices are respected," said attorney Jaime Gutierrez, who was hired to represent the group.

Agents later determined some of the feathers were legal and were returned. Other feathers - such as those from pheasants - were not.

"We're demanding that those feathers be returned because many of those feathers have been passed down for many generations," said Gutierrez.

Marek was charged with failure to declare at the border and bringing in prohibited items. She was fined $500. Gutierrez said this violates their First Amendment rights.

"Native Americans in the United States are allowed to have macaw feathers and other feathers for ceremonial reasons, and again, they're revered, but Native Americans coming from Mexico, somehow, for some reason, their feathers are being confiscated," said Gutierrez.

Eyewitness News contacted Department of the Interior, but the agency would not comment, saying the seizure letter gives all the information indicating this was in violation of the Endangered Species Act.

Marek said it's all very painful.

"What have I done that is so illegal and wrong?" she asked.

Attorneys said these ceremonial items are very personal and are now asking for $1 million per person for emotional distress.