6 Records of Alleged Abusive or Improper Conduct where the event type is “Family Separation” where the accountability status is “Complaint Filed with OPR”

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 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

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

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

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

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