5 Records of Alleged Abusive or Improper Conduct where the event type is “Lying or Deliberate Misleading” 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

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 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 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