24 Records of Alleged Abusive or Improper Conduct where the event type is “Denial of Protection to Most Vulnerable” where the accountability status is “Complaint Filed with OPR”

July 30, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the experience of a Honduran family while in custody at Border Patrol’s “Temporary Outdoor Processing Site” (TOPS) facility under a bridge in Mission, Texas, and their subsequent lateral expulsion via Nogales, Arizona.

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.

KBI filed an August 11, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). As of August 17, KBI had not yet received a response.

KBI and NETWORK recorded a similar account, for July 23, 2021, of a Honduran family that spent three days at TOPS before being laterally expelled via Nogales.

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR

Victim Classification: Family Unit, Honduras

July 23, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the experience of a Honduran family while in custody at Border Patrol’s “Temporary Outdoor Processing Site” (TOPS) facility under a bridge in Mission, Texas, and their subsequent lateral expulsion via Nogales, Arizona.

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.

KBI filed an August 3, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed “that they received the complaint and forwarded it to the Office of the Inspector General (OIG). No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

KBI and NETWORK recorded a similar account, for July 30, 2021, of a Honduran family that spent three days at TOPS before being laterally expelled via Nogales.

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Food or Water, Denial of Medical Care, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Non-Return of Belongings

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Family Unit, Honduras

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan asylum seeker’s experience with her children while in Border Patrol custody in Arizona.

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 buses 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 trash. 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.

KBI filed a July 15, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed that “they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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, Confiscation of Documents, Denial of Medical Care, Denial of Protection to Most Vulnerable, Non-Return of Belongings

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Family Unit, Guatemala, Medical Condition

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan asylum seeker’s experience with her family while in Border Patrol custody in Arizona.

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.

KBI filed a July 23, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

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 Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Sexual Assault or Harassment

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Family Unit, Guatemala

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed a Guatemalan family’s conditions in Border Patrol custody while seeking, without success, to seek asylum in Arizona.

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.

KBI filed a July 23, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Medical Care, Denial of Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Family Unit, Guatemala, Medical Condition

June 30, 2021

A report from the Kino Border Initiative (KBI) and NETWORK related the experience of a Guatemalan man, his wife, and son, who entered the United States in Arizona, with the intention of seeking 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.

KBI filed a July 9, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable, Family Separation

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Family Unit, Guatemala

June 16, 2021

A report from the Kino Border Initiative (KBI) and NETWORK included a Jamaican migrant’s account of violent treatment by Border Patrol agents at Nogales, Arizona’s DeConcini port of entry.

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.

KBI filed a June 24, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed “saying they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

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

Sector(s): Tucson, Tucson Field Office

Agency(ies): Border Patrol, Office of Field Operations

Event Type(s): Conditions of Arrest or Apprehension, Denial of Protection to Most Vulnerable, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Black, Jamaica, Single Adult

May 16, 2021

A report from the Kino Border Initiative (KBI) and NETWORK reported a Mexican asylum seeker’s allegations that CBP used violence during one of his several unsuccessful attempts to ask for protection at a Nogales, Arizona port of entry.

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.

KBI filed a May 25, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On June 2, CRCL emailed that “they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Kidnap Victim, Mexico, Single Adult

May 11, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed a Guatemalan asylum seeker’s separation from her brother and inability to request asylum while in Border Patrol custody in Arizona.

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.

KBI filed a May 19, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On June 1, CRCL emailed that “they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable, Family Separation

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Accompanied Child, Family Unit, Guatemala

April 25, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the apprehension and expulsion into Mexico of a Guatemalan woman, who said she was fleeing “threats from an organized crime group that had also physically beat her,” and her two-year-old son.

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.

KBI filed a May 1, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On May 6, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Family Unit, Guatemala

April 17, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed a Salvadoran asylum-seeking family’s violent Border Patrol apprehension and subsequent inability to seek asylum, before being expelled under Title 42.

A Salvadoran woman, her 10-year-old daughter, 1-year-old son, brother, cousin, and cousin’s daughter, entered the United States on April 17, 2021. They saw a Border Patrol truck arriving and waited for it to arrive so they could ask for asylum.

The Border Patrol agent who got out of the truck was enraged. He pulled a gun on the mother and family. He berated them, calling them “damned criminals,” “rats,” “terrorists,” and “criminals,” as they cried and asked for asylum. He spoke English and Spanish but spoke Spanish poorly, but the Salvadoran woman said she understood enough. He continued to pull his gun on them even though they were not posing any threat to his safety. They were unarmed and with children. She believed that he was going to kill them.

Then, another agent arrived and calmed the first agent down. Other agents and vehicles arrived to transport them. She told those agents that they were seeking asylum, but they said they didn’t speak Spanish.

Once they were transported to an open-air outpost, she asked the agents there for asylum and got the same answer. Then they were transported to a permanent building [the Nogales Border Patrol station] where they were inspected by a doctor. She told the doctor she wanted seek asylum and he just said good luck. At the facility, she told several more agents she wanted to seek asylum. Despite telling 7 or 8 different agents that they were hoping to seek asylum in the United States, they were repeatedly told that no one spoke Spanish and were never given a fear assessment. They were all expelled to Nogales, Sonora.

KBI filed a July 13, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). The organization reported, “As of 8/17/2021, five weeks after the initial complaint was filed, KBI has received no response to this complaint.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 of Arrest or Apprehension, Denial of Protection to Most Vulnerable, Threat of Violence, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR

Victim Classification: El Salvador, Family Unit

April 3, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the apprehension and expulsion of a Guatemalan man who, after fleeing extortion and threats in his country, was kidnapped and tortured for two weeks during his journey through Mexico.

He managed to flee his kidnappers to continue to the U.S. In the U.S., he and two friends encountered one Border Patrol agent. The agent first handcuffed the other two to each other with chains. The agent then kicked the Guatemalan man who made this complaint in the left ankle, which caused him to collapse. The agent picked the man up by his shoulder and put him in the back of the truck. The agent expelled the man to Nogales, Sonora despite the injuries the agent had inflicted and the fact that he was kidnapped in Mexico. He was never given an opportunity to speak to anyone else about his fear of return.

KBI filed an April 13, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 30, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 of Arrest or Apprehension, Dangerous Deportation, Denial of Protection to Most Vulnerable, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Guatemala, Kidnap Victim, Single Adult

April 2, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted a Guatemalan asylum seeker’s experience in custody in Border Patrol’s outpost at Sasabe, Arizona, and station in Tucson, Arizona.

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.

As of 8/17/2021, KBI has received no response to this complaint [filed on June 15, 2021].

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR

Victim Classification: Domestic Violence Victim, Female, Guatemala, Single Adult

March 23, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted Border Patrol agents’ refusal to allow a Mexican migrant in custody to report a drug-related crime.

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.

KBI filed a March 29, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 23, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Food or Water, Denial of Medical Care, Denial of Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Mexico, Single Adult

March 7, 2021

A report from the Kino Border Initiative (KBI) and NETWORK detailed the experience of a Cuban asylum seeker in Border Patrol custody in Yuma, Arizona and Campo (Pine Valley), California.

A Cuban man and his wife crossed into the United States and were detained. He was searched and their documents were confiscated. The man was separated from his wife, even though his wife told the agents they were together.

He was transferred to Campo BP Station in California, and when he was being transferred he was told he would be reunited with his wife at the detention center. While in detention, he was not allowed to shower for five days, and the lights were always kept on.

There, a border patrol agent interviewed him in Spanish. The agent asked him about his relatives but did not ask anything about asylum. The man asked if he could present his case. The CBP agent said no, as that was for a courtroom with a lawyer. The man asked why the agent didn’t ask him why he left Cuba, and the agent still said no. After five days, they transported the man to expel him, very early in the morning.

The man says he was disoriented but once he heard he was being expelled he said he can’t leave without his wife. He was told his wife would be joining him soon. This was not true. He was not reunited with his wife and was expelled to Tijuana, Baja California in the early morning hours. A week later, he tried to cross again at Yuma as his wife was still in CBP custody. He was then expelled to Nogales.

KBI filed a March 24, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 23, CRCL emailed that “they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

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

Sector(s): San Diego, Yuma

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Confiscation of Documents, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Non-Return of Belongings

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Cuba, Family Unit

February 17, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted Border Patrol’s expulsion of an asylum-seeking family (husband, wife, and 7-month-old son) who had fled Guatemala

after the man’s brother was murdered by an organized crime group. The family was taken to an office near Sasabe, where they were never asked why they fled Guatemala or asked for the documents they had with them as proof of persecution. They were later taken to Tucson, and they were expelled the following day to Nogales, Sonora in the early morning.

KBI filed a February 24, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On March 8, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Family Unit, Guatemala

February 3, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described Border Patrol agents’ rough treatment of an asylum-seeking family at a Nogales, Arizona port of entry.

A Salvadoran woman, her husband and two children traveled from El Salvador to Mexico initially to escape threats at home. Soon after, they also received threats in Mexico and decided to flee to the US. They approached the DeConcini port of entry in Nogales.

There, an agent shoved the woman who was eight months pregnant in the chest. The woman pleaded with the agent to not turn them back as they were fleeing danger in Mexico. The agents, both male and female, simply laughed at them when they explained the danger and said the family must go back. When the family said they had nowhere to go, the agents said that was not the agents’ problem. They forcibly removed them and took them to the Mexican immigration office at around 10:30 PM. The family slept by the line of cars entering the United States out of fear of navigating Nogales at night.

On the same day KBI filed the complaint [February 9, 2021], CBP OPR responded with the case number for the Joint Intake Center. Two weeks later, on 2/25/2021, KBI received an email from CRCL stating that they received the complaint, recorded it in their database, and will take no further action. Four months after the complaint was filed, on 6/2/2021, KBI received an email from CRCL saying they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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): Dangerous Deportation, Denial of Protection to Most Vulnerable, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: El Salvador, Family Unit, Pregnancy

February 1, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed a Guatemalan mother’s inability to request asylum while in Border Patrol custody in Arizona.

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.

KBI filed a February 4, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 1, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Family Unit, Guatemala

February 1, 2021

A report from the Kino Border Initiative (KBI) and NETWORK told of a Guatemalan woman, fleeing violence with her two-year-old child, whom Border Patrol expelled into Mexico twice in two weeks without providing a chance to make her case for asylum.

The woman has photo evidence of violence that she has faced in Guatemala. She requested asylum the first time she crossed the border [January 15, 2021], but the agents only listened to the unaccompanied minors in the facility and did not speak to the adults or ask questions. She tried showing agents her documentation to no avail.

The second time [February 1, 2021], she and her daughter were taken to two different border facilities, and each time she was denied the opportunity to speak. She said that a man in a black uniform attempted to speak to them but was asked not to by male agents in green uniforms. She was expelled to Nogales, Sonora.

KBI filed a February 15, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On February 25, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

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

Sector(s): Tucson, Yuma

Agency(ies): Border Patrol

Event Type(s): Denial of Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Family Unit, Guatemala

January 31, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Honduran woman’s inability, while in Border Patrol custody, to seek asylum and avoid Title 42 expulsion into Mexico.

A Honduran woman fled domestic abuse from a partner in Honduras who is connected to organized crime. She filed a police report in Honduras and he threatened her even more.

While traveling through Mexico, she feared being forced into prostitution to survive. She was able to avoid this. On the way to the United States, she was kidnapped by the cartel and ransomed for one thousand dollars. When a friend was able to pay the ransom, the cartel dropped her and 38 others off in the desert.

Once she entered the United States through the desert she was detained by Border Patrol. At that time, she told the Border Patrol agent she wanted a lawyer to claim asylum. The agent said she will be able to ask for one at the next facility. At the next facility she asked again and said she needed help to file for protection. The agent she spoke to at that facility knew Spanish. This agent said he couldn’t do anything about it and that she could tell someone in the next facility she will be transferred to. Then she was taken to the Tucson Border Patrol station where she told another agent she wanted a lawyer to file for asylum. The agent said he was not going to violate immigration law for her or anyone else. He said she did not have rights because she arrived illegally. She tried to tell her story of violence and persecution to several other agents, but the first one didn’t allow her to speak to anyone else and just shouted at her to get on the bus.

She was expelled to Nogales, Sonora. She fears that Mexico is also unsafe for her since it is where the cartel who kidnapped her operates. While in Mexico, she has been “approached by men in a dark vehicle” and she worries that she will be attacked.

KBI filed a February 5, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On February 25, CRCL emailed “that they received the complaint, recorded it intheir database, and no further actions would be taken. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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): Dangerous Deportation, Denial of Protection to Most Vulnerable, Lying or Deliberate Misleading

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Domestic Violence Victim, Female, Honduras, Kidnap Victim

January 2021

A report from the Kino Border Initiative (KBI) and NETWORK detailed the experience of a Honduran woman who had fled, with two teenage sons, after organized crime killed several members of her immediate family.

The guide who was taking them across the border instructed one of the boys to cross first. The woman and the younger son crossed later and were detained at the border in Southern Arizona. CBP officers shouted at them in English, which the woman and boy did not speak. Later, at the CBP station, she told an agent that she wanted to request asylum, and that she had a daughter who was living in the US with special needs. He said that at this time there is no access to asylum for single women. He said only unaccompanied minors could access asylum. She began to cry and said nothing else. She and her younger son were expelled to Mexico.

KBI filed a January 27, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On February 5, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable, Family Separation

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Family Unit, Honduras

January 17, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed the experience of a Venezuelan man detained by Border Patrol after entering the United States.

He had narrowly escaped criminals who tried to pull him back to Mexico. They managed to take his backpack, which had his phone and other belongings. It was soon after this that he was detained. He was taken to Ajo Station, where he was forced to sign several documents, most of which were in English, a language he does not speak. He fled Venezuela because of persecution he experienced. When he told the agents he was afraid to return to Venezuela, they asked him which was more dangerous: Mexico or Venezuela. He told them he thought both were dangerous. The following day he was forced to sign papers and said he was being expelled under MPP; he was also told he would be given an opportunity to speak with an immigration official in Tucson the following day. This was a lie; he was never given this opportunity. He was transported to Tucson and expelled to Nogales, Sonora two days later.

KBI filed a January 22, 2021 complaint with the DHS Office of Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On January 29, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable, Lying or Deliberate Misleading

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Single Adult, Venezuela

November 4, 2020

A report from the Kino Border Initiative (KBI) and NETWORK discussed the experience of a Guatemalan man who entered the United States, was detained by an Arizona state trooper, and ended up in Border Patrol custody.

The agents took him to a Border Patrol station. He expressed fear to the agents about returning to Mexico. The agents’ supervisor then said they will decide if they were going to send the Guatemalan man to Guatemala or Nogales. Later, he was taken to the border with a group of other immigrants by the Border Patrol. Everyone was asked to walk across the border to Mexico. He asked the agents why he was being sent to Mexico when he was Guatemalan. An agent hit him with a baton on the knee and threatened to hit him on the head. He was in a lot of pain and his knee became swollen. After that, some other agents came and told him to seek out the Guatemalan Consulate in Nogales and ask about his rights in Mexico. He walked to a park in Nogales, Sonora and slept in a park.

KBI spoke with the local CBP OPR representative on the same day they filed the complaint. OIG had already opened a complaint at this time. An OIG investigator followed up with KBI. Since that date, KBI has not received any updates as to consequences for the officer involved or whether the victim received any recourse.

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, 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 Protection to Most Vulnerable, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG, Under OPR Investigation

Victim Classification: Guatemala, Single Adult

November 2, 2020

A report from the Kino Border Initiative (KBI) and NETWORK discussed the experience of a Guatemalan woman who crossed the border and was “detained by CBP” with her one-year-old daughter and eight-year-old son.

At Tucson station, when they were being transferred, the Guatemalan woman asked where she was being taken; the CBP agent replied she did not know, but that they might take the woman’s fear declaration at the next station. The woman was taken to Nogales. The woman asked an agent to take her fear declaration, but the agent said CBP doesn’t do that in Nogales. Then the woman asked another agent who gave her food to take her fear declaration. That CBP agent didn’t speak Spanish and asked another agent to come over to interpret. She told them that a family member had been killed in Guatemala and that she also feared returning to Mexico as she had been robbed there. The agents told her that her case doesn’t matter since there are gangs in the U.S. too. The woman and her children were expelled to Mexico soon after.

KBI filed a November 6, 2020 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On January 4, 2021, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

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

Sector(s): Tucson, Tucson Field Office

Agency(ies): Border Patrol, Office of Field Operations

Event Type(s): Denial of Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Family Unit, Guatemala