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
A report from the Kino Border Initiative (KBI) and NETWORK discussed allegations of cruel treatment during a Border Patrol apprehension.
A Guatemalan man crossed into the United States and was detained in the desert. The border patrol agents who arrested them were driving a four wheeler. They drove really fast, right towards the immigrants. The immigrants had to jump out of the way to avoid being run over. The Guatemalan man fell over when he jumped out of the way. Despite not resisting arrest, an agent put his hand around the migrant’s neck and pulled him to handcuff him. The agents were laughing as they handcuffed him. Despite cold temperatures, he was made to remove his outerwear and walk only in a t-shirt. He was forced to walk 20 minutes handcuffed. Afterwards, he was transported to Tucson and promptly expelled.
KBI filed a January 29, 2021 complaint with the DHS Office of Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On March 18, 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, Endangerment
Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action
Victim Classification: Guatemala, Single Adult
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
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
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
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
