2 Records of Alleged Abusive or Improper Conduct where the accountability status is “Complaint Filed with OPR” where the victim classification is “Domestic Violence Victim”

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

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