Organizational Culture Events involving “CBP”

October 13, 2021

“A Fernando y su familia, el sueño americano se les había terminado cuando apenas empezaba. Según nos cuenta, ellos y unas 150 personas más, fueron obligados a caminar desde la frontera hasta la ciudad de McAllen, Texas. Caminaron unas dos horas y luego abordaron un bus que los condujo a las famosas hieleras, así les llaman los migrantes a los centros de detención, cuya característica es la de ser muy fríos. Ahí permanecieron cuatro días.

“Durante permanecieron en las «hieleras» tenían que bañarse a las 2 a. m. Fernando dice que sus niñas se enfermaron de las vías respiratorias. Como alimento recibían tortillas de harina y lechuga. Antes de entrar al centro de detención les pidieron el contacto y dirección de las personas que los esperaban en el gran país del norte. «Supuestamente les iban a llamar para que nos fueran a recoger, pero de ahí para allá no hubo nada, nos tuvieron cuatro días en la hielera sin saber nada», nos contó.

“El miércoles 13 de octubre, Fernando y su familia fueron llamados a una sala donde habían otras personas. Asegura que incluso llamaron a sus familiares y él pensaba que ya iba a reunirse con ellos. Los subieron a un bus, fueron llevados al aeropuerto en Mcallen y una vez en el avión Fernando sabía que algo no andaba bien. Preguntaron a los oficiales de migración qué pasaba y ellos contestaron que no sabían: «Cuando menos lo esperé el avión aterrizó y vimos que en el aeropuerto decía bienvenidos a Villa Hermosa».

“Una vez aterrizaron en la ciudad antes mencionada, jurisdicción del Estado de Tabasco, los migrantes reclamaban por qué eran dejados en suelo mexicano si no eran oriundos de ese país. En el aeropuerto los recogió migración de México y abordaron un nuevo bus, en el que viajaron a Corinto, frontera de Guatemala y Honduras. «Nos han traído a puro pan y agua», comenta Fernando tocándose el estómago. «Nos trajeron engañados porque supuestamente íbamos para donde nuestra familia, hasta les llamaron. Ahorita se sorprendieron cuando les dije que estaba en Honduras, pude llamar porque ya nos devolvieron los teléfonos», agrega.”

Source: Allan Bu, “En la Madrugada, e Ignorados por el Estado, Llegan a Corinto Miles de Hondurenos Deportados” (Contra Corriente, October 18, 2021) <https://contracorriente.red/2021/10/15/en-la-madrugada-e-ignorados-por-el-estado-llegan-a-corinto-miles-de-hondurenos-deportados>.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Asylum, Lying or Deliberate Misleading

Accountability Status: No steps taken

September 2021

“In September 2021, DHS expelled an asylum-seeking Haitian family to Haiti after holding them for days in a freezing cell without sufficient food. DHS separated the family from an adult brother who had crossed into Del Rio, Texas with them where they had attempted to seek asylum together based on political persecution. The family remains in hiding in Haiti, terrified their persecutors will find them, according to Blaine Bookey from the UC Hastings Center for Gender & Refugee Studies.”

Source: Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) <https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks>.

Sector(s): Del Rio

Agency(ies): Border Patrol, DHS

Event Type(s): Conditions in Custody, Denial of Asylum, Denial of Food or Water, Family Separation

Accountability Status:

September 2021

“Belone Mpembele, an asylum seeker from Angola, was expelled to Haiti by the United States due to its failure to provide access to the U.S asylum system or even screen individuals at the border in its rush to expel Haitians in September 2021.”

Source: Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) <https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks>.

Sector(s): Del Rio

Agency(ies): Border Patrol, DHS

Event Type(s): Dangerous Deportation, Denial of Asylum, Inappropriate Deportation

Accountability Status: Unknown

September 27, 2021

“Karla [not real name], another migrant organizer, described her experience being denied asylum three times. She said, “I went to the Tijuana border looking for help and protection asking immigration for asylum. They rejected me, humiliated me, and denied me asylum. I cried together with my children, pleaded with them and asked for their help to be able to request asylum. When they saw me cry, they told me not to because not even with my tears was I going to convince them and that I better step aside because I was in the way. As I cried for help, they laughed at me and my children. I tried to seek asylum in three different ports of entry along the border and I have always been rejected, humiliated. They threatened to call the Mexican authorities on me who also humiliated us.””

“CBP closed port of entry after denying access to migrant family seeking asylum, accompanied by Tucson Bishop Edward Weisenburger” (Nogales: Kino Border Initiative, September 27, 2021) <https://www.kinoborderinitiative.org/press-release-cbp-closed-port-of-entry-after-denying-access-to-migrant-family-seeking-asylum-accompanied-by-tucson-bishop-edward-weisenburger/>

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

Event Type(s): Denial of Asylum

Accountability Status: Unknown

September 27, 2021

“Laura fled southern Mexico with her two kids, her brother and his family- after her husband was shot by the local mafia. Laura and her family, accompanied by the Bishop, went through the turnstile at the DeConcini port of entry only to be turned away in tears.

“Chelsea Sachau, attorney with the Florence Project, who accompanied the family recounts the event, “The family reasserted their request to be processed and to seek asylum. They asked to speak to someone else [other than the CBP officials], a supervisor, and then the CBP officers entered the building and locked both doors. They tested to make sure that both doors were locked, and then they slowly started lowering the gate to shut down the entire port of entry because this family, accompanied by faith leaders, and a legal observer, asked him for their right to seek asylum.” Laura and her family were forced to step back as the gate lowered onto where they were standing. Sachau continues, “There was no warning given to anyone, neither ourselves or anyone in line who had papers to enter into the US.” The DeConcini port of entry was shut down for about an hour to anyone trying to cross into the U.S.”

“CBP closed port of entry after denying access to migrant family seeking asylum, accompanied by Tucson Bishop Edward Weisenburger” (Nogales: Kino Border Initiative, September 27, 2021) <https://www.kinoborderinitiative.org/press-release-cbp-closed-port-of-entry-after-denying-access-to-migrant-family-seeking-asylum-accompanied-by-tucson-bishop-edward-weisenburger/>

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

Event Type(s): Denial of Asylum

Accountability Status: Unknown

September 21, 2021

“In the past few days, a large number of migrants—primarily Haitian and seeking asylum and other protection in the United States—have crossed into Del Rio, Texas, to await processing by DHS at a processing center located under an international bridge. On September 18, DHS announced a plan to address the increased number of migrants awaiting immigration processing in the area and began removing some Haitians to their home country the following day.[2] The same day, Border Patrol agents mounted on horseback sought to stop Haitian migrants on the U.S. side of the Rio Grande from entering the encampment, charging families and individuals on the river bank and using abusive language against at least one family.[3] Extensive video and photo documentation shows appalling use of force by agents against migrants. For example, one image shows a mounted Border Patrol agent grabbing a man by the shirt has he stands bare foot with his hands full of food.[4] Video footage showed horse mounted agents again engaging migrants on the banks of the river and in one instance nearly trampling a young child.[5] Another video shows a Border Patrol agent on horseback hitting the water near one man with his lariat before knocking the man back into the water with his horse.[6] The man is carrying what appear to be containers of food.

“On September 20, during a press conference U.S. Border Patrol Chief Raul L. Ortiz confirmed that Border Patrol Horse Patrol units remain a part of the agency’s “security response.” While Chief Ortiz claimed agents on horseback do not know who coming across the river “are the smugglers and who are the migrants,” videos show mounted agents riding up to families with small children and individuals carrying bags of food. Secretary Alejandro Mayorkas went on to claim that long reins seen in footage are used to “ensure control of the horses.”[7]

“…The Constitution prohibits the use of excessive force[12] and requires that use of force by law enforcement be proportional to a threat and escalated only in response to that threat.[13] CBP’s own Use of Force policy also only permits the use of “a reasonable amount of force” when an individual’s entry presents an “imminent threat” to officers, agents, or others.[14]

“Video footage of Border Patrol’s actions in this incident clearly demonstrate that the migrants being encountered by mounted agents did not present an imminent threat. In one video an agent stops a family with small children, makes derogatory and xenophobic comments to the family, and then maneuvers his horse in a way that comes dangerously close to trampling a child.[15] Other footage shows agents wielding lariats and maneuvering their horses in a menacing fashion against individuals carrying food back to the encampment in the United States, traffic across the river the agency was undoubtedly aware of prior to deploying mounted units to the U.S. riverbank.

“In one video, a mounted Border Patrol agent is heard stating “This is why your country’s shit, because you use your women for this!”[16] CBP’s National Standards on Transport, Escort, Detention, and Search (“TEDS”) requires agents to “speak and act with the utmost integrity and professionalism,” “treat all individuals with dignity and respect,” and “perform their duties in a nondiscriminatory manner.”[17] Agents simply did not uphold those standards in this instance.

“Further, DHS policy requires that all agency components–including CBP–“shall have appropriate written policies and procedures regarding the use of authorized control tactics or techniques; authorized less-lethal devices; and necessary training and certifications—both initial and recurring.”[18] Nevertheless, CBP’s Use of Force policy does not include guidelines for the use of mounted horse patrol, despite their potential for causing lethal or non-lethal harm. In fact, Border Patrol’s Horse Patrol Program is consistently described by the agency as necessary for accessing terrain in accessible by vehicles, not as a tool of deterrence or use of force against migrants.[19] CBP’s publicly available policy materials also do not indicate that mounted agents receive crowd control training for a use in the manner seen here.”

[2] DHS Outlines Strategy to Address Increase in Migrants in Del Rio, U.S. Department of Homeland Security, Sept. 18, 2021, https://www.dhs.gov/news/2021/09/18/dhs-outlines-strategy-address-increase-migrants-del-rio; Molly Hennessy-Fiske, U.S. begins removing Haitian migrants, but they continue to flock to Texas border, LOS ANGELES TIMES, Sept. 19, 2021, https://www.latimes.com/world-nation/story/2021-09-19/haitian-migrants-continue-to-flock-to-texas-border-some-flown-back-to-homeland-by-u-s.
[3] AFP News Agency, @AFP on Twitter, Sept. 19, 2021, 7:30 PM, https://twitter.com/afp/status/1439763779688882180.
[4] Id.
[5] See Daina Beth Solomon and Alberto Fajardo, “Trapped”: Migrants collecting food try to evade law enforcement at the U.S.-Mexico border, REUTERS, Sept. 20, 2021, https://www.reuters.com/world/us/trapped-migrants-collecting-food-try-evade-law-enforcement-us-mexico-border-2021-09-20/; Al Jazeera English, Haitian migrants undeterred as US begins removal flights, YouTube, Sept. 21, 2021, https://www.youtube.com/watch?v=UTFnKJqcPks.
[6] Sawyer Hackett, @SawyerHackett on Twitter, Sept. 20, 2021, 10:25 AM, https://twitter.com/SawyerHackett/status/1439989195871825921?s=20.
[7] NowThis News, DHS Secretary Alejandro Mayorkas Holds a Press Briefing at U.S.-Mexico Border, YouTube, Sept. 20, 2021, https://www.youtube.com/watch?v=N7kF0PUDdfM.
[12] See generally, U.S. Const. Amend. IV and VIII.
[13] Graham v. Connor, 490 U.S. 386, 388, 109 S. Ct. 1865, 1867, 104 L. Ed. 2d 443 (1989); see also Tennessee v. Garner, 471 U.S. 1, 3, 105 S. Ct. 1694, 1697, 85 L. Ed. 2d 1 (1985).
[14] See CBP, U.S. CUSTOMS AND BORDER PROTECTION (herein after “CBP”), 4500-002A, CBP Use of Force Policy, Jan. 2021, https://www.cbp.gov/sites/default/files/assets/documents/2021-Jul/cbp-use-of-force- policy_4500-002A.pdf at Chap. 3(A)(6), page 13.
[15] Al Jazeera English, Haitian migrants undeterred as US begins removal flights, YouTube, Sept. 21, 2021, https://www.youtube.com/watch?v=UTFnKJqcPks.
[16] John Holman, @johnholman100 on Twitter, Sept. 20, 2021, 7:43 AM, https://twitter.com/johnholman100/status/1439948289680363527?s=20.
[17] U.S. CUSTOMS AND BORDER PROTECTION, NAT’L STANDARDS ON TRANSPORT, ESCORT, DETENTION, AND SEARCH, at §§ 1.2 (Integrity and Professionalism) & 1.4 (Non-Discrimination Policy) (Oct. 2015), https://www.cbp.gov/document/directives/cbp-national-standards-transport-escort-detention-and-search.
[18] U.S. DEPARTMENT OF HOMELAND SECURITY, Department Policy on Use of Force, Policy Statement 044-05, Sept. 7, 2018, https://www.dhs.gov/sites/default/files/publications/mgmt/law- enforcement/mgmt-dir_044-05-department-policy-on-the-use-of-force.pdf.
[19] See e.g., U.S. CUSTOMS AND BORDER PROTECTION, What We Do, Last modified: June 21, 2021, https://www.cbp.gov/careers/usbp-what-we-do.

Source: Shaw Drake, Kathryn Huddleston, “Re: U.S. Border Patrol’s use of horses and verbal abuse against migrants in Del Rio, TX” (ACLU, September 21, 2021) <https://www.aclutx.org/sites/default/files/aclu_tx_cbp_oig_letter_re_border_patrol_in_del_rio.pdf>.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Use of Force

Accountability Status: Complaint filed with CRCL, Complaint filed with OPR, Shared with congressional oversight committees, Shared with DHS OIG

September 20, 2021

U.S. Customs and Border Protection improperly targeted American citizens that the agency suspected were involved with a 2018-19 migrant caravan with intrusive additional inspections, according to a new Department of Homeland Security inspector general’s report.

The inspector general also found that a Customs and Border Protection official asked the Mexican government in December 2018 to block 14 U.S. citizens from entering Mexico as the caravan approached the U.S. border even though it had “no genuine basis” to do so.

The report, dated Sept. 20 but not yet publicly released, documents one instance where CBP officials placed “lookouts” — electronic alerts that lead to more intrusive inspections when crossing the U.S. border — on 15 Americans who had previously crossed the border with or were connected via social media to someone who CBP suspected might be planning violence at the border. But CBP didn’t have any information that those 15 Americans were involved in planning any of the violence or were present at an intrusion into the U.S.

One American crossing the border was referred to additional security scrutiny when crossing the border six times in a single month, the report found. During a second “inspection,” the person was handcuffed to a bench, “possibly for several hours” until officers from the Tactical Terrorism Response Team arrived to conduct an interview. The report said that the lookout was placed to obtain the phone number and information about a different person but that there is no evidence that officers ever sought the information for which the lookout was placed.

Source: Politico, “Watchdog: Cbp Improperly Targeted Americans as Caravans Approached Border”, September 2021. <https://www.politico.com/news/2021/09/23/cbp-americans-caravans-border-513829>

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Conditions in Custody, Lying or Deliberate Misleading

Accountability Status: Shared with DHS OIG

Late August 2021

“DHS continues to carry out some Title 42 expulsions to dangerous Mexican border cities in the middle of the night, when businesses are closed and humanitarian services are unavailable, increasing the risk that expelled individuals will be attacked. For example, Border Patrol agents expelled more than 20 people through the DeConcini port of entry to Nogales, Mexico around 2:00 a.m. in late August 2021, leaving them stranded. Several of those expelled told Kino Border Initiative that when they eventually managed to reach a migrant shelter, they were denied entry because they did not have proof of a negative COVID-19 test, which was impossible to obtain in the middle of the night. With no other options, they were forced to spend the night sleeping on the street.”

Source: Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) <https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Accountability Status: Unknown

August 15, 2021

“On August 15, 2021, Border Patrol Agents (BPAs) assigned to the Yuma Border Patrol Station apprehended a group of 27 migrants approximately 1000 feet from the United States-Mexico border near County 8 ½ and Salinity Canal in Yuma, AZ. The BPAs noticed one of the migrants, a male Nicaraguan citizen, was exhibiting signs of heat-related distress. The BPAs requested medical assistance from a local Emergency Medical Services (EMS) provider.”

Unknown
Age: Unknown
Nationality: Nicaraguan
Cause of Death: Medical
Incident Date: August 15, 2021
Incident Location: Yuma, AZ

Source: Southern Border Communities Coalition (SBCC), “Fatal Encounters with CBP Since 2010,” <https://www.southernborder.org/deaths_by_border_patrol>

Sector(s): Yuma

Agency(ies): Border Patrol

Event Type(s): Fatal Encounter

Accountability Status: Complaint filed with OPR, Shared with DHS OIG

August 9, 2021

“[C]onditions at Border Patrol’s Anzalduas Bridge “Temporary Outdoor Processing Site” (TOPS) — a stretch of gravel and grass patches under an international highway in Texas’ Rio Grande Valley — risk the health and safety of the migrants who are detained there.
“…Border Patrol began holding migrants at this outdoor site buried deep on federal property and out of public view on Jan. 23, 2021. It has detained migrants, including families with children, under the Anzalduas Bridge ever since — except for the multiple times when the site, located in a flood plain, has been evacuated due to weather conditions.
“In late June 2021, we joined a brief official tour of the Anzalduas TOPS, during which Border Patrol representatives described the site as being used exclusively to hold families with children under 7 years old. Though we were not allowed to speak with those detained there, what we observed was deeply concerning.
“The temperature was in the 90s. For the dozens of children and adults detained outdoors in the heat, only a fan and a set of overhead sprinklers provided plainly inadequate cooling. At a meeting in May, a Border Patrol representative justified holding families in the South Texas summer heat by egregiously claiming that the conditions are preferable to many migrants, who Border Patrol described as “not used to air conditioning.”
“In addition to having no basic temperature controls, the TOPS has a bare-bones structure that lacks other minimal protections. Families are funneled through a series of outdoor areas surrounded by plastic fencing. We observed them being held in an area with hard benches and gravel as the only places to rest or sleep.
“Border Patrol told us there is no medical staff on site beyond emergency medical personnel, and the nearest paved road to get to medical aid is a five to 10 minute drive away. Border Patrol has even given us conflicting answers about what, if any, detention standards apply to the site. This is particularly troubling since detention standards mandate a “reasonable and comfortable” temperature for those detained — contrary to the very design of the TOPS.
“Just last week in the Rio Grande Valley, we interviewed recently released families with small children who reported that thousands of people were being held at the site. Every family reported spending two or three days under the bridge. Mothers shared that Border Patrol denied their pleas for medical care for sick children and that they experienced miserable conditions in high temperatures.
“The TOPS has also been shrouded in secrecy. There are no telephones for migrants, and, like all Border Patrol facilities, no in-person visits are allowed.
“…Subsequent reporting and our own interviews confirmed that families were being held outdoors under the bridge for multiple days, without adequate access to medical care, subjected to verbal abuse by Border Patrol agents, and suffering from first cold springtime and then hot summer temperatures.”

Source: Shaw Drake, Kate Huddleston, “Border Patrol Must Stop Holding People in an Inhumane Outside Pen Under a Highway in South Texas” (ACLU: August 9, 2021) <https://www.aclu.org/news/civil-liberties/border-patrol-must-stop-holding-people-in-an-inhumane-outside-pen-under-a-highway-in-south-texas/>.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Denial of Medical Care

Accountability Status: No steps taken

August 7, 2021

“On August 7, 2021, at approximately 7:09 PM, a Jeep Liberty fled eastbound on State Road 86 (SR 86) after circumventing the primary inspection area of the U.S. Border Patrol Checkpoint located near Three Points, AZ. Border Patrol Agents (BPAs) assigned to the Tucson Border Patrol Station travelled eastbound on SR 86 attempting to locate the vehicle. A CBP Air and Marine Operations (AMO) helicopter crew responded to the area and located the vehicle travelling eastbound on SR 86. The AMO helicopter crew provided aerial surveillance of the vehicle providing updates as to its location to BPAs on the ground. The AMO pilot observed the Jeep Liberty drive erratically through several red lights as it continued into Tucson, AZ. The vehicle then entered onto northbound I-19, which is approximately 24 miles east of the SR 86 checkpoint.”

Unknown
Age: Unknown
Nationality: Unknown
Cause of Death: Fatal Car Chase
Incident Date: August 7, 2021
Incident Location: Marana, AZ

Source: Southern Border Communities Coalition (SBCC), “Fatal Encounters with CBP Since 2010,” <https://www.southernborder.org/deaths_by_border_patrol>

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Fatal Encounter, Vehicle Pursuit

Accountability Status: Complaint filed with OPR, Shared with DHS OIG

August 5, 2021

“On August 5, 2021, Border Patrol Agents (BPAs) responded to reported migrant traffic in a rural area approximately three miles southeast of Rio Grande City, TX, and approximately less than a mile north of the United States – Mexico border. BPAs arrived at the location and discovered a male citizen from El Salvador in medical distress. The BPAs immediately requested emergency medical services (EMS). Due to the remoteness of the location where BPAs discovered the man, they transported him to a nearby location that was more easily accessible to EMS.”

Unknown
Age: Unknown
Nationality: El Salvador 
Cause of Death: Medical
Incident Date: August 05, 2021
Incident Location: Rio Grande, TX

Source: Southern Border Communities Coalition (SBCC), “Fatal Encounters with CBP Since 2010,” <https://www.southernborder.org/deaths_by_border_patrol>

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Fatal Encounter

Accountability Status: Complaint filed with OPR, Shared with DHS OIG

August 3, 2021

On August 3, 2021, two individuals were killed and eight were injured as a result of a vehicle pursuit by Border Patrol near Border Patrol’s permanent interior checkpoint on New Mexico State Road 185. Details of the events surrounding the crash are only available via CBP’s own press release, which the agency did not issue until August 17, 2021, fourteen days after the incident. CBP’s statement initially reported only one death and did not include information about the U.S. citizen who died as a result of the vehicle pursuit and crash.

Early in the morning of August 3, 2021, a Border Patrol agent assigned to the Las Cruces, New Mexico, U.S. Border Patrol Station was reportedly patrolling New Mexico State Road 185 approximately six miles south of the Border Patrol checkpoint, which is located approximately 69 miles north of the U.S.-Mexico border. According to CBP, the agent witnessed a northbound vehicle pull to the side of the road and then proceed north. The Border Patrol agent reportedly followed the vehicle without activating his emergency equipment. The vehicle reportedly evaded the Border Patrol checkpoint by driving onto the southbound lanes of New Mexico State Road 185 and then continued north, at which time the Border Patrol agent activated his emergency equipment and attempted to stop the vehicle. Another Border Patrol unit also reportedly pursued the vehicle. Approximately three miles north of the Border Patrol checkpoint, the vehicle crashed. Several occupants were ejected from the vehicle. The agency’s statement simply claims “the driver lost control and crashed,” but does not indicate the location or conduct of Border Patrol
agents’ vehicles immediately preceding the crash.

Source: ACLU Texas, “ACLU demands Customs and Border Protection investigate recent deadly vehicle pursuit, release vehicle pursuit policy”, August 2021. <https://www.aclutx.org/en/press-releases/aclu-demands-customs-and-border-protection-investigate-recent-deadly-vehicle-pursuit>

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Disregard to Public Health, Weak Oversight

Accountability Status: No steps taken

August 2, 2021

“On August 2, 2021, Border Patrol Agents (BPAs) were alerted to the presence of a group of suspected undocumented migrants inside a ranch approximately 17 miles south of Eagle Pass, Texas near Highway 277. BPAs assigned to the Eagle Pass South (EGS) Border Patrol Station responded and began tracking the group of migrants. After approximately nine hours of tracking the group, BPAs located and apprehended seven migrants while several other individuals fled. BPAs continued to search for these individuals.”

Unknown
Age: Unknown
Nationality: El Salvador
Cause of Death: Unknown
Incident Date: August 02, 2021
Incident Location: Eagle Pass, TX

Source: Southern Border Communities Coalition (SBCC), “Fatal Encounters with CBP Since 2010,” <https://www.southernborder.org/deaths_by_border_patrol>

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Fatal Encounter

Accountability Status: Complaint filed with OPR, Shared with DHS OIG

August 2, 2021

“Yuma Sector Border Patrol agents responding to a 911 call early Sunday morning rescued three migrants in distress and found one deceased.”

Unknown
Age: Unknown
Nationality: Mexican
Cause of Death: Unknown
Incident Date: August 02, 2021
Incident Location: Yuma, AZ

Source: Southern Border Communities Coalition (SBCC), “Fatal Encounters with CBP Since 2010,” <https://www.southernborder.org/deaths_by_border_patrol>

Sector(s): Yuma

Agency(ies): Border Patrol

Event Type(s): Fatal Encounter

Accountability Status:

August 1, 2021

“A Guatemalan man in a group of six entered the United States and  encountered Border Patrol agents. One of the agents pushed one of the men down  with a knee on his back. Another man from the group was running, and the dog the  agents brought with them attacked him and knocked him face down into a cactus.  One of the spines penetrated near his eye, causing his face to bleed. When the man  with eye injury asked for help, the agents said no, and that this is what happens to  people who come here. An agent grabbed the Guatemalan man who filed this  complaint by the back of the neck and shoved him. The agent lunged to try to shove  him again; when he ducked down the agent kept going forward and hurt himself on  the cactus spines. Angered by this, the agent grabbed the Guatemalan man by the  neck. The man said he felt like he was being choked. The Guatemalan man was  injured as he had cactus spines stuck in his legs. He was not allowed to take them  out until the next day. The Guatemalan man’s brother-in-law was also in the group.  He was dehydrated and vomiting. As he lay on the ground, begging for water, an  agent put his foot on the man’s back and then kneeled on him. It was not until they  arrived at a temporary outpost nearly two hours later that they got water. The  group was expelled to Nogales, Sonora the next morning, where Kino then took  them to the hospital.”

Source: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, Due Process Denied, August 2021.

Sector(s):

Agency(ies): CBP

Event Type(s): Denial of Food or Water, Denial of Medical Care, Use of Force

Accountability Status: No steps taken

July 30, 2021

“A Honduran woman who has been in the United States since 2018 was  visiting a friend when they noticed a CBP checkpoint on the way. Fearing what may  come, she got out of the car on the roadside to avoid the checkpoint because of her  immigration status. She called her husband to pick her up, but he refused to come at  first, fearing that he would be mistaken for a smuggler. Eventually, he came to get  her, but they got lost in the desert and in the early hours of the morning called 911  to rescue them. The Pima County Sheriff’s officer then detained her. CBP arrived at  the scene, and she was handed over to them. She was not crossing the border. The  CBP officers then forced her to sign a document and put her in a vehicle, telling her  she was going to expelled under Title 42. She was expelled in Nogales.”

Source:

Source: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, Due Process Denied, July 2021.

Sector(s): Tucson

Agency(ies): CBP

Event Type(s): Inappropriate Deportation

Accountability Status: No further action

July 30, 2021

“A Honduran man, wife and daughter entered the United States and were detained in [across from] Reynosa. They told the agents who detained them that they wanted to seek asylum. The agents said “no,” that there was nothing the agents could do for them; however, the agents asked the family to write down their names. The family was taken under a bridge, where they were told to sleep outdoors, on the concrete. They were not given food or water for 10 hours. There were several hundred other migrants under the bridge with no access to running water. All the migrants were confined in a small space where they could touch each other. There were three toilets (port-o-potties) for several hundred migrants. There were no facilities for them to bathe under the bridge. On the fourth day, the family was flown to Tucson where they were finally able to wash themselves, though they were detained there for four days and only allowed to wash that one time. In Tucson, they asked again to be considered for asylum but were again told no. The agents also shouted at the immigrants asking them to shut their kids up. The agents told the family that since they came to the US illegally, they had no right to asylum, and that they should attempt to seek asylum at the nearby port of entry. From there, they were expelled to Nogales, Sonora.”

Source: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, Due Process Denied, August 2021. <https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf>.

Sector(s): Rio Grande Valley, Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Denial of Asylum

Accountability Status: Complaint filed with CRCL, Complaint filed with OPR

July 30, 2021

“A Guatemalan man who has been in the United States since 2005 was detained in the desert while trying to pick up his wife. He went to pick her up, but  they got lost in the desert. Eventually they called 911 for help. The Pima County  Sheriff’s officer then detained them. Border Patrol arrived at the scene, and they  were then handed over to them. Despite having a work permit, which he tried to  present to agents, he was not allowed to leave the checkpoint. He was not crossing  the border. CBP officers then forced him to sign a document and put him in a vehicle  and they told him he was going to be expelled under Title 42. He was expelled in Nogales.”

Source: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, Due Process Denied, August 2021. <https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Inappropriate Deportation

Accountability Status: Complaint filed with CRCL, Complaint filed with OPR

July 24, 2021

“On July 24, 2021, Border Patrol Agents (BPAs) assigned to the Harlingen, Texas, Border Patrol station apprehended two undocumented migrants near Highway 77. One of the migrants, a citizen of Honduras, told the BPAs he was not feeling well and displayed flu-like symptoms. The man was evaluated by a Border Patrol Emergency Medical Technician and was admitted to a hospital in Kingsville, TX, that day. On July 31, 2021, the man was pronounced deceased by hospital personnel.”

Unknown
Age: Unknown
Nationality: Honduran 
Cause of Death: Medical
Incident Date: July 24, 2021
Incident Location: Harlingen, TX

Source: Southern Border Communities Coalition (SBCC), “Fatal Encounters with CBP Since 2010,” <https://www.southernborder.org/deaths_by_border_patrol>

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Fatal Encounter

Accountability Status: Complaint filed with OPR, Shared with DHS OIG