10 Records of Alleged Abusive or Improper Conduct where the accountability status is “No Further Action”

April, 2022

The Kino Border Initiative (KBI) in Nogales, which issues frequent reports of misconduct to the DHS Office of Civil Rights and Civil Liberties (CRCL), noted that the agency has begun closing complaints that, in fact, remain open.

In the last month, we have received notifications from the DHS Office of Civil Rights and Civil Liberties that 8 separate complaints we had filed regarding abuses under Title 42 were being closed because of ongoing litigation and instructed us to file new complaints after the resolution of the litigation if there were pending issues. We have never before received such correspondence from CRCL. Not only does it indicate an avoidance of the office’s responsibilities, but it will also artificially inflate the statistics they report to Congress on the number and percentage of complaints that were “closed” when in fact they remain unresolved. Such efforts to avoid exercising oversight are widespread and were also reflected in recent reports that DHS OIG had deleted or delayed reports for years on DHS law enforcement misconduct.

— “April 28 Update from KBI” (Nogales: Kino Border Initiative, April 28, 2022).

Sector(s): Border-Wide, Tucson

Agency(ies): DHS

Event Type(s): Evading Oversight

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

Victim Classification:

April 25, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the apprehension and expulsion into Mexico of a Guatemalan woman, who said she was fleeing “threats from an organized crime group that had also physically beat her,” and her two-year-old son.

They were apprehended by CBP in the desert and transported to a facility. They were processed but never asked why she came or if she feared going back. After that, she was transported to another facility in a crowded, hot, suffocating bus with other migrants. The migrants were finding it hard to breathe, but the bus was travelling at high speed and agents could not hear them knocking for help. After 30 minutes, they got the agents’ attention, and the agents turned on the air. Once they arrived at the next facility, they were held in a very cold room. Some of the women in the facility were called into an office to be interviewed privately. This woman was not. Agents never inquired why she had come to the United States. She didn’t realize she was being expelled until she was already travelling in CBP transport to the border. She and her son were expelled the same day to Mexico and given no information as to why they were being expelled.

KBI filed a May 1, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On May 6, 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): CBP

Event Type(s): Conditions in Custody, 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

April 3, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the apprehension and expulsion of a Guatemalan man who, after fleeing extortion and threats in his country, was kidnapped and tortured for two weeks during his journey through Mexico.

He managed to flee his kidnappers to continue to the U.S. In the U.S., he and two friends encountered one Border Patrol agent. The agent first handcuffed the other two to each other with chains. The agent then kicked the Guatemalan man who made this complaint in the left ankle, which caused him to collapse. The agent picked the man up by his shoulder and put him in the back of the truck. The agent expelled the man to Nogales, Sonora despite the injuries the agent had inflicted and the fact that he was kidnapped in Mexico. He was never given an opportunity to speak to anyone else about his fear of return.

KBI filed an April 13, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 30, 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, Dangerous Deportation, Denial of Protection to Most Vulnerable, Use of Force

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

Victim Classification: Guatemala, Kidnap Victim, Single Adult

February 17, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted Border Patrol’s expulsion of an asylum-seeking family (husband, wife, and 7-month-old son) who had fled Guatemala

after the man’s brother was murdered by an organized crime group. The family was taken to an office near Sasabe, where they were never asked why they fled Guatemala or asked for the documents they had with them as proof of persecution. They were later taken to Tucson, and they were expelled the following day to Nogales, Sonora in the early morning.

KBI filed a February 24, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On March 8, 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

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

Victim Classification: Family Unit, Guatemala

February 1, 2021

A report from the Kino Border Initiative (KBI) and NETWORK told of a Guatemalan woman, fleeing violence with her two-year-old child, whom Border Patrol expelled into Mexico twice in two weeks without providing a chance to make her case for asylum.

The woman has photo evidence of violence that she has faced in Guatemala. She requested asylum the first time she crossed the border [January 15, 2021], but the agents only listened to the unaccompanied minors in the facility and did not speak to the adults or ask questions. She tried showing agents her documentation to no avail.

The second time [February 1, 2021], she and her daughter were taken to two different border facilities, and each time she was denied the opportunity to speak. She said that a man in a black uniform attempted to speak to them but was asked not to by male agents in green uniforms. She was expelled to Nogales, Sonora.

KBI filed a February 15, 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 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, Yuma

Agency(ies): Border Patrol

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

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 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

January 28, 2021

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

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

November 2, 2020

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