Organizational Culture Events where the accountability status is “Complaint filed with CRCL”

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

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 23, 2021

“A Honduran man, his wife, and daughter entered the United States near McAllen, Texas where they were detained. They were kept under an overpass with hundreds of other migrants. The agents took their temperatures and biometric data. There was a medical tent, but the family could not get medical attention. Their infant daughter became sick while they were there. Although they asked for medical attention for their baby, the agents refused to provide any. They were held there for three days. This family was exposed to the elements and went without basic necessities like running water, beds to sleep in, etc. They were only fed twice a day. Border Patrol would periodically call names to board buses; if you missed your name, you had to wait until next time they came to call your name. Because of this, people chose to remain awake rather than risk missing their chance to leave. The father recalls the brutal sleep deprivation this caused. After three days the Border Patrol transferred them to a facility. At the facility the agents confiscated all their belongings (clothes, medicine, diapers, phone chargers, etc.). They were not given anything to eat at the facility for the whole day. The father was temporarily separated from his wife and daughter and placed in a separate holding facility with about fifty others, who had been at the facility for some time. Eventually, the agents took down details of the family members they had in the US and told them they could leave once their family members had paid for their travel. This was a lie. The family was instead taken to the airport and flown to Tucson, AZ and then 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): Conditions in Custody, Denial of Asylum, Denial of Food or Water, Denial of Medical Care, Family Separation, Lying or Deliberate Misleading, Non-Return of Belongings

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

July 23, 2021

“ICE continues to fail to take necessary public health measures, including releasing qualified individuals, and
therefore Arizona immigration detention centers remain hotbeds for the COVID-19 pandemic.
Migrants continue to raise concerns about their inability to socially isolate, lack of access to PPE and
cleaning materials (including soap), and lack of access to nutritious meals. Those who are in medical
isolation complain they are only allowed out of their cell for 20 minutes a day and often are forced to choose
between showering and calling legal service providers.

Migrants’ access to mail and the library has impacted their ability to defend their own cases pro se, in
particular with looming, inflexible deadlines in front of the BIA. Hearings in immigration court remain
unpredictable and susceptible to last minute cancellation due to the pandemic. Defense attorneys are often
not notified until the last moment or during hearings that their clients will not be able to attend.

On April 20, 2020, a Federal District Court granted a nationwide injunction requiring ICE to make speedy
custody redeterminations for detained individuals whose specific medical conditions put them at higher risk
of suffering severe illness or death if they contract COVID-19. In Arizona detention centers, ICE has not only
failed to proactively release many of these individuals but has also failed to respond to humanitarian parole
requests submitted on their behalf. For example, numerous medically vulnerable Florence Project clients
have submitted humanitarian parole requests which, in some cases after months, still have not been
responded to. In the interim, some of these individuals have contracted COVID-19.”

Source: Kino Border Initiative, “July 23 Update From KBI”, July 2021.

Sector(s): Border-Wide

Agency(ies): ICE

Event Type(s): Conditions in Custody, Disregard of Public Health, Weak Oversight

Accountability Status: Complaint filed with CRCL

July 16, 2021

“We filed a complaint on behalf of a Cuban couple, who was kidnapped for months in Mexico. A
government official in southern Mexico put them in contact with the woman who ended up kidnapping them.
After several months they managed to escape, but the woman has continued to send threatening messages
and says that she knows they are in Nogales. When they crossed into the US and were detained, they tried
to express their fear of return to Border Patrol agents. However, the agent responsible for processing them
only replied “you think I’m here to solve your problems? … All Cubans come here with the same story” and
“you are going back no matter what and you will have to figure out what to do.” Another agent told them
there was nothing he could do besides give them a speedy court date. He scheduled them for a July hearing,
which has since been rescheduled to October due to the court cancellations. Both were returned to Nogales,
Sonora with no access to an interview with a USCIS officer to assess their fear of return.”

Source: Kino Border Initiative, “July 23 Update From KBI”, July 2021.

Sector(s): Tucson

Agency(ies): Border Patrol

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

Accountability Status: Complaint filed with CRCL

July 8, 2021

“One teenager arrived with her sister after Border Patrol denied them a credible fear screening. She
explained to border officials that she was fleeing the man who raped her, beat her sister, and was pursuing
her as she left. On one occasion, a US official reached into her blouse and bra, despite her protests, to take
documents relating to her sexual abuse and laughed at her while reading her papers.”

Source: Kino Border Initiative, “July 8 Update From KBI”, July 2021.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Asylum, Gender-based Violence, Sexual Assault

Accountability Status: Complaint filed with CRCL

July 8, 2021

“ICE continues to transport migrants to Nogales, Sonora for removal from the U.S. at night. The practice
places migrants at an unnecessary increased risk of robbery, kidnapping, and other violent crimes, and
excludes them from coordination and reception services available for recently removed migrants. Because of
the well- known danger of said practice, Local Repatriation Agreements between U.S. and Mexican
authorities prohibited night deportations for years, but since spring of 2020 these removals have occured
very frequently. KBI staff and migrants have reported nighttime deportations on at least five nights in
the last two weeks. Because shelters are closed when migrants are deported or expelled at night, many individuals are forced to sleep outside of the port of entry on benches. One night last week migrants were expelled in the midst of a heavy rain that flooded the streets near the port of entry.”

Source: Kino Border Initiative, “July 8 Update From KBI”, July 2021.

Sector(s): Tucson

Agency(ies): ICE

Event Type(s): Dangerous Deportation

Accountability Status: Complaint filed with CRCL

July 8, 2021

“Having heard that asylum was being denied to anyone except single women traveling with children, a woman
from Guatemala decided to cross the desert with her one-year-old baby in hopes that Border Patrol would
listen to her asylum claim. When she was apprehended by Border Patrol, they refused to give her access to a credible fear hearing and instead removed her and her child to Nogales, Sonora, where she met up with
her husband. The family is fleeing death threats in Guatemala because they can no longer pay extortion fees
given the expenses required to support their baby. Once reunited in Nogales, they attempted crossing twice
more through the desert with their baby, only to be returned both times without being screened for credible
fear.”

Source: Kino Border Initiative, “July 8 Update From KBI”, July 2021. <https://drive.google.com/file/d/1WO0_klu2ADpdA0-upu6ZmjPHVJCTwWAt/view>

Sector(s): Tucson

Agency(ies): Border Patrol

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

Accountability Status: Complaint filed with CRCL

July 5, 2021

“A Guatemalan woman, her sister (19), brother, and son entered the United States and were all detained by border patrol. At that time the agent was very nice to them and gave them water and took them to a Border Patrol station. They were subsequently moved to Tucson. There, CBP processed the sister first, and a female CBP agent reached into her sister’s shirt and grabbed sister’s documents from her bra. Her brother was separated from them, and she did not have any information about his whereabouts as of July 10. She was never told why they separated her brother from her. She was also then separated from her sister, who CBP says tried to escape them while they were walking in the desert. The woman told agents several times that her sister had not tried to escape apprehension and that they had been together the whole time. The officers told her “You are not in your country. We are in charge here.” In the facility, the staff at the station refused to give them blankets. In the early morning, she was reunited with her sister on a bus. She tried several times to tell them she was seeking asylum, but no one listened. CBP kept telling them that this was their country, and they were in charge. The woman, her sister, and son were expelled to Nogales, Sonora in the early morning.”

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): Conditions in Custody, Denial of Asylum, Family Separation, Lying or Deliberate Misleading

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

July 5, 2021

“A Guatemalan woman with her four children crossed into the United  States with a big group and encountered a Border Patrol agent in a vehicle. That  agent was very nice to them, gave them water and said they could have whatever  they needed. He called for more vehicles to carry them all, and they were  transferred to a Border Patrol facility that was very cold. Then they were put on  busses to Tucson. At the Tucson border facility, the woman approached an agent  asking how they should apply for asylum and informing him that her son has a  medical condition and needs medical care. She showed him the documents (a  diagnosis, x-rays, etc.) to prove that her son was in need and that he needed surgery  within the next two months. The agent took the documents and threw them in the  thrash. When she went to retrieve them from the trash, he took them again and told  her “they belong in the trash.” When she protested, he became angry and told her to  go away and gave her a sleeping mat. The mat was soaking wet so that she could not  use it. She never got her documents back. Hours later, she and the children were expelled to Nogales, Sonora.”

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

Sector(s):

Agency(ies): CBP

Event Type(s): Lying or Deliberate Misleading, Non-Return of Belongings

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

July 5, 2021

“A Guatemalan woman and her two young daughters entered the United  States through the desert and encountered a Border Patrol agent. They were  detained and moved to a facility with cold rooms. Then they were transferred to  Tucson. There, she told an agent that she had injured her foot while walking in the  desert and needed medical attention. The agent agreed, but then she walked away  and never came back. She was never given any medical attention. They were made  to sit in the chairs at the Tucson facility; the children could not sleep. At the facility, they were forced to take off any extra clothing and allowed to wear only a t-shirt  and pants. Her daughter was shivering. They asked for blankets but were given only  one small one many hours later. She tried to tell agents she wanted to seek asylum, but no one listened to her. The next morning the family was expelled to Nogales,  Sonora.”

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): Denial of Asylum, Inappropriate Deportation

Accountability Status: Complaint filed with CRCL

July 4, 2021

“A Guatemalan mother and her four children who had fled persecution in their home country entered the US
on July 4th with a packet of evidence related to their asylum case, including police reports that document
their attempts to seek protection. When apprehended by Border Patrol, she tried to show agents that
evidence. Instead, two ASID (Alien Smuggler Identification and Deterrence) agents interrogated her for
around half an hour about who she had paid and how she had crossed. They refused to listen to her or
look at any documents related to her asylum claim and threatened that if she didn’t give them the
information they wanted on the smuggler she would face serious consequences. They asked her for her
husband’s number. Since he is in the US and is in the asylum process, she thought that they would call
him as part of processing her for asylum. Instead, they only called her husband to ask whether he paid the
cartel and, if so, how much money. Before expelling the mother and her four children, a Border Patrol
agent said to her that she should pass on the message of: “Don’t come here. You aren’t going to get
anything. If you bring kids, you won’t accomplish anything.”

Source: Kino Border Initiative, “July 9 Update From KBI”, July 2021.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Asylum, Family Separation

Accountability Status: Complaint filed with CRCL

July 1, 2021

“Several people who arrived at our Migrant Aid Center in Nogales reported brutal treatment by Border Patrol
agents encountered in the desert. Two different people reported that agents slammed them to the ground
after lifting them by the neck, one person was dragged through thorns, and one was handcuffed, tied to a
horse, and forced to walk behind the horse for two hours.”

Source: Kino Border Initiative, “July 8 Update From KBI”, July 2021.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Use of Force

Accountability Status: Complaint filed with CRCL

June 30, 2021

“A Guatemalan man, his wife, and son entered the United States with the intention to seek asylum. They crossed and encountered Border Patrol. The Border Patrol asked if their objective was to seek asylum, and the father said yes. The family was then transported to an outpost and processed. A CBP officer asked where they were from but did not ask any other questions. They were transported to a facility in Tucson, where the man was separated from his wife and son. They were all moved between several different detention centers, and the only time the man was able to see his wife and son was during transport. In one of the facilities, he told an agent he feared returning to Guatemala. The agent laughed in his face and said something to the other agents, who all laughed. He felt so humiliated and discouraged to ask for asylum again. He was moved four times to different border facilities. Finally, he and his family were expelled in the very early morning hours without ever being given a fear assessment or referred to the USCIS.”

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): Abusive Language, Denial of Asylum, Family Separation

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

June 30, 2021

“A Mexican man, his wife, and two children presented themselves at the Mariposa port of entry twice to seek asylum in the US. The agents on duty first told them they needed to go to the Mexican immigration office at the Mexican port of entry at the other side of the road. When the Mexican authorities said they can’t do anything, the family returned to the US port of entry. The same agents said the only thing they could do was deport them to Mexico. The family had pleaded with the agents, saying they were afraid to go back as they had received death threats from the police in their village who were involved in organized crime. The CBP agents said they could not help them, and they needed to go to Kino Border Initiative to get legal help. They called a Mexican government agent to pick the family up and take them to Kino.”

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 Field Office

Agency(ies): Office of Field Operations

Event Type(s): Denial of Asylum

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

June 16, 2021

“A Jamaican man entered the United States at a port of entry to ask for  asylum and was immediately confronted by two Border Patrol agents who  physically attacked him. They knocked him to the ground with a plastic barrier and  began beating and punching him. One agent put his foot on his neck as he lay on the  ground. The agents dragged him across concrete into an office at the port of entry. A  third agent told the two that what they were doing was wrong. The other agents  dismissed her objection. The Jamaican man was then handcuffed to a bench. Later, he was taken to another room where he was photographed and fingerprinted. When the agents asked why he was there, the Jamaican man said he was seeking asylum.  The agents asked where he was from and when he said Jamaica. The agents said, “this is what a bunch of you have been doing (running into the port of entry), you  are getting out of here.” They took him to the Mexican immigration office. His  friends were in Mexico waiting to see if he got across successfully. The Mexican  immigration officers took photos of all their passports and asked them to go to Kino  Border Initiative.”

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

Sector(s): Tucson

Agency(ies): CBP

Event Type(s): Denial of Asylum, Use of Force

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

June 12, 2021

“A Guatemalan man entered the United States through the desert with a  group of several others. He encountered Border Patrol agents who tripped him, causing him to fall and injure his knee. His face was injured with thorns. He was in a  lot of pain, and he asked for medical attention. The agents said they could not help  him. They then forced him to walk for an hour in handcuffs. Then the agents drove  him to the border station. He didn’t receive medical attention at the station. He was  expelled from that station to Nogales, Sonora. Only after he arrived in Mexico did  Kino facilitate medical attention.”

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

Sector(s): Tucson

Agency(ies): CBP

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

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

May 16, 2021

“A Mexican man presented himself at the DeConcini Port of Entry  seeking asylum several times over a period of two days. He received threats that  made him believe his life was in danger and even survived an attempted kidnapping  in Nogales. On May 16, he ran toward the port of entry, near where cars were  crossing because he was afraid of his pursuers. CBP officers apprehended him there. He was punched, kicked, and beaten by about twelve officers. He told them that he  wanted asylum because there were people in Mexico who were trying to kill him.  CBP did not give him an opportunity to talk to anyone else and he was immediately  expelled back to Mexico. CBP called the Mexican police, who never came. They then  called the Mexican Red Cross to take him to the General Hospital of Nogales in  Sonora. The hospital did not take care of his wounds. When released from the  hospital, he tried again to enter the United States at the port of entry because people were following him. He tried asking for asylum to the 9 agents who detained him.  However, the agents told him he had no right to be in the United States and asked  him to be silent. The agents then took him to a room and questioned him but did not  ask him about asylum. He was then expelled back to Mexico again.”

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

Sector(s): Tucson

Agency(ies): CBP

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

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

May 11, 2021

“A Guatemalan woman traveling with her son and brother were detained by Border Patrol once they entered the United States and processed at an open-air border facility. At the open-air facility, they did not ask them why they were in the US or give them a chance to claim asylum. There, she was separated from her brother. She was told this was because he was a minor and not her son. She told the agent she had a power of attorney paper signed by her mother to care for her brother and presented the papers. They didn’t accept the papers. They transferred them to Tucson. The three of them had fled Guatemala because of the murder of family members. In the Tucson facility, she could see her brother detained separately with the other minors. That was the last time she saw her brother as of the time this complaint was filed. At the Tucson facility, she told an agent she was afraid to return to Guatemala and she tried to show documentation of violence, the death certificates of her family members killed by organized crime. The CBP agent told her that her documents were likely fake because she comes from a “corrupt” country. In addition, the CBP agents said that every day, immigrants come to the facility with this type of paperwork. She tried to persuade him to look up the names of the murders online so he could see she was telling him the truth and the documents were real. He did not. She and her son 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): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Denial of Asylum, Family Separation

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