Organizational Culture Events where the accountability status is “Shared with DHS OIG”

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

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 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 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

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

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 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

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 17, 2021

“On June 17, 2021, a Border Patrol Agent (BPA) observed two suspected undocumented migrants getting into a vehicle along Arizona State Route 85 (SR 85), approximately one and a half miles north of the Lukeville, AZ Port of Entry.  Approximately 20 miles north of where the suspected undocumented migrants entered the vehicle, another BPA waiting on SR 85, activated his emergency lights and sirens and attempted to stop the vehicle.  The vehicle did not stop and continued for approximately one mile, where another BPA deployed a vehicle immobilization device (VID) across the roadway.  The driver of the suspected smuggling vehicle attempted to avoid running over the VID and subsequently lost control and crashed.

One of the two undocumented migrants in the vehicle, a male citizen of Mexico, was in critical condition and was transported to the Abrazo West Medical Center in Goodyear, AZ where he ultimately succumbed to his injuries on June 19, 2021.

This incident is being investigated by Homeland Security Investigations, the Arizona Department of Public Safety and reviewed by the U.S. Customs and Border Protection Office of Professional Responsibility.  The Department of Homeland Security Office of Inspector General was also notified of the incident.”

Unknown
Age: Unknown
Nationality: Mexico
Cause of Death: Car chase (Vehicle collision) 
Incident Date: June 19, 2021
Incident Location: ≈

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

June 17, 2021

“Former LAPD officer and U.S. veteran, Janine Bouey, filed a complaint against the Department of Homeland Security (DHS) and Customs and Border Protection (CBP) for her inhumane treatment at the border. This is the first step in a lawsuit against DHS. Janine, who is a Black woman, was sexually assaulted by agents at the Otay Mesa Port of Entry. In this lawsuit, she calls for DHS and CBP to take responsibility for their actions and end the practice of assault on women, including Black women. One year ago today, Janine was returning from her dentist and crossed the U.S. border at the Otay Mesa Port of Entry. She was singled out by a CBP officer while waiting in line. She was the only Black woman to be pulled from the line for questioning. The officer asked for Janine’s home address even though he was in possession of her license. The officer suggested that Janine might want his home address. The officer proceeded to escort her to a nearby building where she was eventually assaulted. Janine’s experience and training as a law enforcement officer informed her understanding that the actions taken by the CBP officers were well out of bounds of normal protocol. Janine filed a complaint with DHS about the officer’s actions shortly after the incident. To her knowledge, no disciplinary action was taken and the officers involved in the incident remain at work.”

Source: “Abuse, Assault and Impunity at Dhs Must Stop: Former Lapd Officer Subjected to Sexual Assault by Dhs Sues the Agency” (Alliance San Diego, June 17, 2021 <https://www.alliancesd.org/abuse_assault_and_impunity_at_dhs_must_stop_former_lapd_officer_subjected_to_sexual_assault_by_dhs_sues_the_agency?fbclid=IwAR1RvOCy1klavU7_CDsDXw3z-XHLfks8b0o5gtJTXlDNSHXkdlHNowyZCzQ>.

Sector(s): San Diego

Agency(ies): CBP

Event Type(s): Use of Force

Accountability Status: No further action, Shared with DHS OIG

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

April 4, 2021

“A Guatemalan woman entered the United States and was detained by  Border Patrol and transferred to a border patrol facility. She had previously injured  herself in the desert and could not walk well. When transported to the facility, a  nurse told her she needed surgery to fix a broken bone and torn muscle. She was  taken to a clinic where an X ray was taken and found that her tibia was shattered.  The medical assistant then told the female border agent who was present that the  woman needed an operation right away. The medical assistant told the woman that  the surgery was absolutely necessary, and so she agreed to the operation. Then they  transferred her to a hospital and changed the Border Patrol agent in of charge of  her. It was now a male Border Patrol agent. He received all the paperwork. The  woman did not receive any paperwork. The medical staff started prepping for the  surgery, then all of a sudden they said they couldn’t do it. The medical staff then  gave the woman a sedative and put a cast on. The nurse told her that wherever she  goes next, that the women must have surgery. When she asked why they were not  continuing with surgery, the medical staff apologized profusely and told her the  agents were not going to allow the Guatemalan woman to stay in the U.S. long  enough for an operation she desperately needed. Medical staff repeated that she  must have surgery as soon as she can because her injuries were serious. The Border  Patrol agent there then rushed the woman out of the hospital without allowing the  woman to eat or change clothes or get any prescribed pain medication. Though she  could barely walk, she was expelled to Nogales, Sonora without any crutches.”

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

Sector(s): Tucson

Agency(ies): CBP

Event Type(s): Dangerous Deportation, Denial of Medical Care

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

March 23, 2021

“A Mexican man entered the United States when individuals associated with organized crime demanded he carry a backpack full of drugs into the United States and threatened him with a razor. When he refused, they beat him. Once the Mexican man regained consciousness, he turned himself in to Border Patrol. He told agents what happened to him, where Border Patrol could find the drugs and the men who assaulted him who belonged to a criminal gang. Still, the agents kept the man in the vehicle the whole day, picking up other immigrants and giving him only water to drink. Once they came to the CBP facility and he was processed, he repeated what had happened to him. The CBP agent there laughed and asked if he wanted to file a police report. When he said yes, the agent said it would take too long. He was never given an opportunity to express his fears about returning to Mexico or give information about the crime that had been committed against him. He was never given medical attention while in CBP custody and was left alone in a cell for long stretches of time despite his weakened state. He was soon expelled back to Mexico.”

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, Denial of Food or Water

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

February 4, 2021

“A Guatemalan woman and her two children (including a 14-year-old son) fled Guatemala and were detained in the desert upon entry to the US by Border Patrol and taken to the Tucson Station. At the facility, the woman tried to talk to the agents and tell them she could not return to Guatemala because she had suffered violence. The agent said if he allowed her asylum that he would be breaking the law and if he did it for her the agents would have to do it for others. Border Patrol said they had no legal right to seek asylum. They were expelled to Nogales, Sonora. The family was harassed and threatened in Mexico after being expelled.”

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): Denial of Asylum

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