Organizational Culture Events where the event type is “Conditions in Custody”

October 24, 2021

CNN reports about migrants arrested for “trespassing” by Texas state police, then imprisoned for months without being charged or having access to counsel:

The man was held in jail for 52 days before he was charged with the misdemeanor offense of criminal trespass, his attorney says. For 43 of those days — more than six weeks — he had no access to a lawyer, he told CNN. And the man said there were long gaps, sometimes two weeks, when he was not allowed to make any phone call to tell his wife how he was.

…two migrants who talked to CNN last week said they knew several men in their jail pods who had been waiting up to three months to talk to a lawyer.
One said the unrepresented men begged the others to raise their cases.
“‘Ask about us. Tell them we have 90 days, 80 days and we haven’t seen an attorney. We don’t know anything and here we are,’” he says he is told.
CNN raised the concerns with the TIDC [Texas Indigent Defense Commission]. The commission said it then located at least one person arrested in May and held in jail who did not have a lawyer. That person was assigned counsel Thursday night.

Source: Rosa Flores, Texas Gov. Greg Abbott’s Anti-Migrant Plan: Many Arrested, Many Detained, Few Prosecuted (CNN, Monday, October 25, 2021) <https://edition.cnn.com/2021/10/24/us/texas-migrant-trespass-detentions/index.html>.

Sector(s): Del Rio

Agency(ies): Texas State Police

Event Type(s): Conditions in Custody, Denial of Access to Counsel

Accountability Status: Unknown

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:

Late September 2021

“A Haitian mother expelled in late September 2021 begged U.S. officers to remove her handcuffs to enable her to comfort her crying young daughter on the plane ride, according to Blaine Bookey from 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): Border-Wide

Agency(ies): DHS

Event Type(s): Conditions in Custody

Accountability Status: Unknown

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 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

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 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 to Public Health, Weak Oversight

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

June 18, 2021

“A Salvadoran woman traveling by herself to seek asylum in the US was detained by ICE when she was
processed through the Title 42 exemption process last week. Her sponsor was not notified that ICE had
detained her and called KBI worried because she had not made contact with them. A week later, she is still
detained, and the sponsor has not received any information about when she will be released.”

Source: Kino Border Initiative, “June 24 Update From KBI”, June 2021.

Sector(s): Tucson

Agency(ies): ICE

Event Type(s): Conditions in Custody

Accountability Status:

June 15, 2021

“In late June 2021, ACLU representatives 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.

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. As pictures of a
make-shift outdoor site began to surface earlier this year showing families with
small children sleeping on the ground in corral-like holding areas, we filed a
Freedom of Information Act (FOIA) request seeking details. We wanted to know
how long people were being held outdoors and how Border Patrol was ensuring the
safety of those in custody. Over four months later, the agency still hasn’t responded
to our FOIA request.

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: ACLU, “Border Patrol Must Stop Holding People in an Inhumane Outside Pen Under a Highway in South Texas”, August 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, Disregard to Public Health

Accountability Status: No steps taken

June 7, 2021

“A man arriving at our center reported watching from a distance as Border Patrol agents emptied the water
bottles belonging to the apprehended members of his group. Dehydrated, he continued walking in the desert
alone until he encountered another group of Border Patrol agents who physically assaulted him and mocked
his dehydrated state, refusing to give him water until they arrived at a Border Patrol station.”

Source: Kino Border Initiative, “June 10 Update From KBI”, June 2021.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Food or Water, Use of Force

Accountability Status: No steps taken

June 5, 2021

“A Guatemalan man fled to the U.S. after receiving death threats from extortionists because the medical care
for his sick mother left him without enough money to pay them. While attempting to cross into the U.S., he
called 911 repeatedly for help after spending 10 days in the desert and being abandoned by his group
because of his extremely blistered feet. When nobody came for him, he made it to the highway around
midnight and encountered a Border Patrol agent, who made him sleep in the bed of the patrol truck overnight
in the cold.”

Source: Kino Border Initiative, “June 10 Update From KBI”, June 2021.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody

Accountability Status: No steps taken

April 25, 2021

“A Guatemalan woman and her two-year-old son were detained shortly after entering the United States. They were apprehended by CBP in the desert and transported to a facility. They were processed but never asked why she came or if she feared going back. After that, she was transported to another facility in a crowded, hot, suffocating bus with other migrants. The migrants were finding it hard to breathe, but the bus was travelling at high speed and agents could not hear them knocking for help. After 30 minutes, they got the agents’ attention, and the agents turned on the air. Once they arrived at the next facility, they were held in a very cold room. Some of the women in the facility were called into an office to be interviewed privately. This woman was not. Agents never inquired why she had come to the United States. She didn’t realize she was being expelled until she was already travelling in CBP transport to the border. She and her son were expelled the same day to Mexico and given no information as to why they were being expelled. She had decided to leave Guatemala because of threats from an organized crime group that had also physically beat her.”

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): CBP

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

Accountability Status: Complaint filed with CRCL, Complaint filed with OPR, No further action

April 2, 2021

“A Guatemalan woman crossed into the United States walking through the desert. She became ill and fainted. When she came to, a Border Patrol Agent was standing over her. She was taken to an outpost and processed. There, she told the agents about the violence she had faced, and that she had proof of threats she had received. The agent said he didn’t speak Spanish but that she should take it up with officers at the next station. In Tucson, she was made to remove her outerwear (her jacket and two shirts and a pair of pants) even though the facility was cold. She was sent into room with a TV, and on the TV screen it said that if anyone was experiencing violence, they should speak to an agent. She then called the agents and said she wanted to apply for asylum. They told her that was unavailable because of the pandemic. The agents started yelling at her that she should have gone to a port of entry if she wanted asylum, and that she was breaking the law by coming this way. They said to her that she was doing what the mafia does, crossing the border illegally. Additionally, officers threw the name of her abuser in her face and taunted her, telling her they were going to call him. She felt humiliated by the agent’s actions. By this time, she had had three separate agents decline to help her apply for asylum. She was expelled to Mexico the next 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): Abusive Language, Conditions in Custody, Denial of Asylum

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

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 28, 2021

“A Honduran woman, her daughter, neighbor, and neighbor’s daughter  entered the United States and were detained by Border Patrol. They were taken to a  border facility which had other immigrants. The agents took the fingerprints in a  rough manner, which caused her daughter to cry out in Spanish that her mom was  good and the police should not take her away. The agents then got angry and  insulted them, calling them “rats.” Their belongings were confiscated (bags, clothes,  diapers, formula for babies). They did not give them water when they asked for  some because they were thirsty from walking. Three hours later, they gave them  juice and crackers. Despite the facility being cold, they were not permitted to put on  any outerwear they brought with them. The next day, when they were being  transported out of the facility and the woman asked for their jackets, an agent  threatened to shoot them; saying “you should have thought about that before you  brought your daughter here” and “Don’t move! I’ve got a gun and I am not afraid to  use it.” Her daughter’s lips were cracked because of the cold. While they were being  transferred, they were kept out in the cold while the agents went to a place with  heat. When she asked for a new diaper for her daughter, the agent denied her this. Her daughter went 18 hours in a soiled diaper. They were expelled to Nogales.”

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

Sector(s): Tucson

Agency(ies): CBP

Event Type(s): Abusive Language, Conditions in Custody, Denial of Food or Water

Accountability Status: Complaint filed with CRCL

February 4, 2021

“MARIA PUGA HAS been telling the story for more than a decade now. On May 28, 2010, her husband, Anastasio Hernandez Rojas, suffered a brutal and ultimately fatal beating at the hands of U.S. homeland security personnel at the San Ysidro Port of Entry on the southern edge of San Diego.The father of five was hogtied at a secure facility while at least eight agents and officers from the nation’s three border and immigration enforcement agencies punched and kicked him; a crowd of their colleagues circled around and watched. They knelt on his neck and body. Crying out for help, Hernandez was repeatedly tased while handcuffed. He suffered five broken ribs, internal organ hemorrhage, and bruising on his face and torso. He died of cardiac arrest and brain damage three days later. The coroner’s office ruled the case a homicide. Despite the federal agents erasing the video taken by eyewitnesses, the violent episode was caught on film and broadcast on national television. No agents or officers were punished, let alone charged for the killing. Puga has been protesting ever since.”

Source: Ryan Devereaux, “Anatomy of Impunity”: Former Dhs Supervisors Say Border Killing Cover-Up Was Part of a Pattern” (The Intercept, February 4, 2021) <https://theintercept.com/2021/02/04/border-patrol-killing-impunity-iachr/>.

Sector(s): San Diego

Agency(ies): CBP

Event Type(s): Conditions in Custody, Use of Force

Accountability Status: No steps taken

February 4, 2021

“Twenty-nine individuals subject to Title 42 expulsion over the last two weeks reported abuses at the hands of
Border Patrol Agents, including verbal and physical abuse, nighttime expulsion, not returning belongings,
denial of access to due process for asylum and refusal of medical attention while in BP custody.
7 of the last 14 days, migrants have arrived at our migrant aid center after being expelled between 10PM and
5AM.”

Source: Kino Border Initiative, “February 4 Update From KBI”, July 2021.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Denial of Asylum, Denial of Medical Care, Non-Return of Belongings, Use of Force

Accountability Status: Complaint filed with CRCL