5 Records of Alleged Abusive or Improper Conduct where the accountability status is “Complaint Filed with OPR” where the victim classification is “Medical Condition”

August 1, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described Border Patrol agents’ violent apprehension of a group of six migrants in Arizona.

A Guatemalan man in a group of six entered the United States and encountered Border Patrol agents. One of the agents pushed one of the men down with a knee on his back. Another man from the group was running, and the dog the agents brought with them attacked him and knocked him face down into a cactus. One of the spines penetrated near his eye, causing his face to bleed. When the man with eye injury asked for help, the agents said no, and that this is what happens to people who come here.

An agent grabbed the Guatemalan man who filed this complaint by the back of the neck and shoved him. The agent lunged to try to shove him again; when he ducked down the agent kept going forward and hurt himself on the cactus spines. Angered by this, the agent grabbed the Guatemalan man by the neck. The man said he felt like he was being choked. The Guatemalan man was injured as he had cactus spines stuck in his legs. He was not allowed to take them out until the next day.

The Guatemalan man’s brother-in-law was also in the group. He was dehydrated and vomiting. As he lay on the ground, begging for water, an agent put his foot on the man’s back and then kneeled on him. It was not until they arrived at a temporary outpost nearly two hours later that they got water.

The group was expelled to Nogales, Sonora the next morning, where Kino then took them to the hospital.

KBI filed an August 4, 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, 2021, KBI had not yet received a response.

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, Denial of Food or Water, Denial of Medical Care, Use of Force

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

Victim Classification: Guatemala, Medical Condition, Single Adult

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 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

April 4, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan woman’s account of being denied necessary surgery for a leg injury while in Border Patrol custody, then swiftly expelled to Mexico.

A Guatemalan woman entered the United States and was detained by Border Patrol and transferred to a border patrol facility. She had previously injured herself in the desert and could not walk well. When transported to the facility, a nurse told her she needed surgery to fix a broken bone and torn muscle. She was taken to a clinic where an X ray was taken and found that her tibia was shattered. The medical assistant then told the female border agent who was present that the woman needed an operation right away. The medical assistant told the woman that the surgery was absolutely necessary, and so she agreed to the operation. Then they transferred her to a hospital and changed the Border Patrol agent in of charge of her. It was now a male Border Patrol agent. He received all the paperwork. The woman did not receive any paperwork. The medical staff started prepping for the surgery, then all of a sudden they said they couldn’t do it. The medical staff then gave the woman a sedative and put a cast on. The nurse told her that wherever she goes next, that the women must have surgery. When she asked why they were not continuing with surgery, the medical staff apologized profusely and told her the agents were not going to allow the Guatemalan woman to stay in the U.S. long enough for an operation she desperately needed. Medical staff repeated that she must have surgery as soon as she can because her injuries were serious. The Border Patrol agent there then rushed the woman out of the hospital without allowing the woman to eat or change clothes or get any prescribed pain medication. Though she could barely walk, she was expelled to Nogales, Sonora without any crutches.

KBI filed an April 8, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On June 30, 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

Agency(ies): Border Patrol

Event Type(s): Denial of Medical Care

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

Victim Classification: Female, Guatemala, Medical Condition, Single Adult

January 29, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described rough treatment during Border Patrol apprehension of a Guatemalan man in southern Arizona.

A Guatemalan man entered the United States near Sasabe, Sonora and walked for four hours before being met by Border Patrol who were on motorcycles. At first the man started to run, but when the official got closer, he stopped and put his hands up. The agent then grabbed him and shoved him to the ground, causing pain to his shoulder. He was then moved to Tucson. He was not given any medical attention for his shoulder. He was instead expelled to Nogales, while he was still experiencing pain.

On the same day the complaint was filed [February 2, 2021], the local CBP OPR contact responded inquiring about photos or medical records associated with the abuse. On 2/8/2021, a week after the initial complaint was filed, KBI received an email from CRCL stating 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, Denial of Medical Care, Use of Force

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

Victim Classification: Guatemala, Medical Condition, Single Adult