68 Records of Alleged Abusive or Improper Conduct where the accountability status is “Shared with DHS OIG”

August 1, 2022

A letter from the ACLU of Arizona, first covered by the Intercept and Arizona Luminaria, contended that Border Patrol agents in Yuma had confiscated at least 64 turbans from asylum seekers of the Sikh faith so far this year, including at least 50 in the prior 2 months.

These, the letter argues, are “serious religious-freedom violations” against members of the world’s fifth-largest organized religion, most prevalent in India’s Punjab region. “Forcibly removing or targeting a Sikh’s turban or facial hair has symbolized denying that person the right to belong to the Sikh faith and is perceived by many as the most humiliating and hurtful physical and spiritual injury that can be inflicted upon a Sikh,” the letter notes.

Citing interns at an Arizona migrant shelter, Arizona Luminaria reported on August 5 that “the number of turbans confiscated and discarded by Border Patrol is in the hundreds, far beyond the number reported earlier this week.”

CBP often faces allegations of throwing away migrants’ personal belongings. The ACLU letter called it a “universal, well-documented, and recurring practice by agents in the Yuma Border Patrol Sector of forcing apprehended migrants to discard nearly all of their personal property in advance of processing.” The Intercept adds: “Word has begun circulating among those seeking asylum in the Yuma area: Border Patrol is forcing everyone to throw away all personal belongings, except for cellphones, wallets, and travel documents.”

CBP officials told the Washington Post that “they have recently reminded Border Patrol supervisors that agency policies require agents to exercise care when handling ‘personal property items of a religious nature.’” The Border Patrol’s Tucson sector chief told advocates that agents “were being retrained,” according to the Intercept, and CBP Commissioner Chris Magnus said in a statement cited by the Post that the agency has opened an internal investigation.

In an August 17 update on this story, “the national Sikh Coalition and the American Civil Liberties Union of Arizona told Arizona Luminaria they are aware of at least 12 new cases of turban confiscation this month alone” in Arizona.

“There are good agents and bad ones,” Fernando Quiroz, a Yuma-based volunteer with the AZ-CA Humanitarian Coalition, told the Border Chronicle. “Some can care less that there’s been a policy change.”

— Noah Schramm, Vanessa Pineda, Heather L. Weaver, Daniel Mach, “ACLU of Arizona Letter on Border Patrol Confiscating Sikhs’ Turbans” (Arizona: DocumentCloud, August 1, 2022) https://www.documentcloud.org/documents/22125092-aclu-of-arizona-letter-on-border-patrol-confiscating-sikhs-turbans.

— John Washington, “Border Patrol Agents Are Trashing Sikh Asylum-Seekers’ Turbans” (Arizona: Arizona Luminaria, The Intercept, August 2, 2022) https://theintercept.com/2022/08/02/sikh-turban-border-patrol/.

— Angela Cordoba Perez, “’I Understood His Pain’: Advocates Denounce Confiscating Belongings From Migrants at Border” (Phoenix: The Arizona Republic, August 5, 2022) https://www.azcentral.com/story/news/politics/immigration/2022/08/05/asylum-advocates-denounce-confiscating-belongings-from-migrants-at-border/10230819002/.

— John Washington, “Whistleblowers say Arizona Border Patrol practice of trashing Sikh turbans is widespread” (Arizona: Arizona Luminaria, August 5, 2022) https://azluminaria.org/2022/08/05/whistleblowers-say-arizona-border-patrol-practice-of-trashing-sikh-turbans-is-widespread/.

— Nick Miroff, “Border Officials Investigating Claims Sikh Turbans Were Confiscated” (Washington: The Washington Post, August 3, 2022) https://www.washingtonpost.com/national-security/2022/08/03/border-patrol-turban-yuma/.

— John Washington, “Despite Border Patrol leader’s promise to stop, Congress members call out agents still confiscating Sikh asylum-seekers’ turbans” (Arizona: Arizona Luminaria, August 17, 2022) https://azluminaria.org/2022/08/17/congress-members-call-out-border-patrol-agents-still-confiscating-sikh-asylum-seekers-turbans/.

— Melissa del Bosque, “A New Campaign to Get the Border Patrol to Stop Trashing Asylum Seekers’ Possessions” (United States: The Border Chronicle, August 16, 2022) https://www.theborderchronicle.com/p/a-new-campaign-to-get-the-border.

Sector(s): Yuma

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings, Religious Freedom Violation

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

Victim Classification: Sikh

July 27, 2022

A letter from the ACLU of New Mexico and ACLU of Texas called for an investigation of a July 27 vehicle crash in Santa Teresa, New Mexico that killed two Mexican citizens and injured nine others. While Border Patrol was pursuing the vehicle before it crashed in the pre-dawn hours of the 27th, the agency reported that it had discontinued its chase, and that the driver lost control, flipping the vehicle.

Two Mexican citizen brothers, who were allegedly seeking to smuggle eleven migrants, face federal and state charges as a result of the incident; one said that the criminal organization that hired him had ordered him “not to stop if law enforcement attempted to pull him over.”

Border Patrol agents stand accused of a pattern of engaging in dangerous vehicle pursuits, at times in populated areas, with increasingly frequent fatalities. “There have already been 17 deaths this year due to Border Patrol vehicle pursuits, while there were 23 last year – an 11-fold increase since 2019,” the ACLU letter noted, urging CBP Commissioner Chris Magnus not to allow agents to employ Title 42 to expel any of the “victim-witnesses.”

— Rebecca Sheff, Shaw Drake, “Border Patrol’s Deadly Vehicle Pursuit on July 27, 2022 in Santa Teresa, NM” (New Mexico, Texas, ACLU of New Mexico, ACLU of Texas, July 27, 2022) https://www.aclu-nm.org/sites/default/files/field_documents/2022.07.27_aclu_letter_to_cbp_re_santa_teresa_vehicle_pursuit.pdf.

— Cindy Ramirez, “ACLU again questions Border Patrol pursuits, investigations after rollover leaves 2 dead” (El Paso: El Paso Matters, July 29, 2022) https://elpasomatters.org/2022/07/29/two-dead-in-santa-teresa-new-mexico-rollover-crash-after-border-patrol-pursuit/.

— Julian Resendiz, “Cartel to driver in fatal crash: Don’t stop for Border Patrol” (El Paso: Border Report, August 2, 2022) https://www.borderreport.com/immigration/border-crime/cartel-to-driver-in-fatal-crash-dont-stop-for-border-patrol/.

— “Two die in vehicle accident transporting undocumented migrants in New Mexico” (Washington: U.S. Customs and Border Protection, August 6, 2022) https://www.cbp.gov/newsroom/speeches-and-statements/two-die-vehicle-accident-transporting-undocumented-migrants-new.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Shared with DHS OIG, Under ICE-HSI Investigation, Under Local Police investigation, Under OPR Investigation

Victim Classification:

June 30, 2022

A Border Patrol-involved vehicle pursuit on Interstate Highway 35, reaching speeds of 90-100 miles per hour, ended in a crash that killed four of seven migrants aboard a Jeep Wrangler in Encinal, Texas (original link). The deceased were male citizens of Mexico and Guatemala.

“This incident is being investigated by the Texas Department of Public Safety and reviewed by CBP’s OPR [Office of Professional Responsibility],” CBP reported. “The Department of Homeland Security’s Office of Inspector General was notified of the incident.”

— U.S. Customs and Border Protection, “Failure to yield leads to fatal crash off Interstate Highway 35 in Encinal, Texas” (Washington: CBP, July 5, 2022) https://www.cbp.gov/newsroom/speeches-and-statements/failure-yield-leads-fatal-crash-interstate-highway-35-encinal.

Sector(s): Laredo

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Shared with DHS OIG, Under OPR Investigation

Victim Classification: Guatemala, Mexico, Single Adult

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from Kids in Need of Defense (KIND) met with about 4,515 unaccompanied minor migrant children at 12 Office of Refugee Resettlement shelters in New York City, Houston, Atlanta, and Seattle. “During these screenings,” reads KIND’s complaint, “minors reported numerous civil rights violations during their apprehension and detention by CBP.”

KIND’s complaint cites the following examples of CBP personnel using excessive force or physical roughness with children:

  • We received widespread reports of officers who woke up sleeping children, often in the early morning or middle of the night, by screaming at them, kicking them, hitting them, kicking the mats they were sleeping on, or pulling the mats out from under them. We also received reports of officers shoving children, grabbing and pulling them by the ear, arm, or clothing, and using intimidating body language.
  • children report having been so terrified by the violent and aggressive behavior of officers that they cried or were unable to sleep or eat. They describe feelings of extreme anxiety and sadness. Some have nightmares about their time in CBP detention and experience other psycho-somatic symptoms, such as shaking or crying, when recalling the harm they suffered.
  • a female minor, who wishes to remain anonymous, was 17 years old at the time she was detained for approximately 14 days. She states that she was treated very poorly by officials and that they woke her up every morning by kicking her.

— Carly Sessions, “Widespread infringement of the civil rights and civil liberties of Unaccompanied Noncitizen Children held in the custody of CBP: January – December 2021” (United States: Kids in Need of Defense, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Use of Force

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

Victim Classification: Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between 2019 and 2021, attorneys from Americans for Immigrant Justice (AI Justice) interviewed approximately 12,731 unaccompanied migrant children at Office of Refugee Resettlement (ORR) facilities. The organization’s complaint includes numerous examples from 2021 and 2022 of mistreatment of children while in CBP custody.

“13% of children reported lack of food and/or water,” reads AI Justice’s complaint. “Children reported that the food provided was insufficient, malnourishing, and at times, inedible due to it being spoiled or raw.” The complaint cites the following examples:

  • K.G.C., 15, reported only receiving bread despite being detained 10 days.
  • J.H.M., 9, reported receiving raw ham and burgers containing raw meat.
  • J.E.A., 15, reported being thirsty and the only access to water being right a by a bathroom with dirty water so he worried about drinking water from there. He also reported being hungry and having only been fed a sandwich.

— Jennifer Anzardo, Maite García, “U.S. Customs and Border Protection’s Consistent Failure to Comply with the Terms of the Flores Settlement Agreement and Their Own Standards on the Transport, Escort, Detention and Search of Unaccompanied Children” (United States: Americans for Immigrant Justice, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Denial of Food or Water

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

Victim Classification: Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from Kids in Need of Defense (KIND) met with about 4,515 unaccompanied minor migrant children at 12 Office of Refugee Resettlement shelters in New York City, Houston, Atlanta, and Seattle. “During these screenings,” reads KIND’s complaint, “minors reported numerous civil rights violations during their apprehension and detention by CBP.”

KIND’s complaint cites the following examples of CBP personnel using abusive language with children:

  • children report having been so terrified by the violent and aggressive behavior of officers that they cried or were unable to sleep or eat. They describe feelings of extreme anxiety and sadness. Some have nightmares about their time in CBP detention and experience other psycho-somatic symptoms, such as shaking or crying, when recalling the harm they suffered.
  • Children described officers who yelled aggressively, used foul language, called them names, told them they were undeserving of help or respect, accused them of being criminals or lying, and threatened to deport them. Children report being called “cabron” (a–hole), “puta” (bitch or slut), “pendejo” (stupid), “mierda” (sh-t), “burro” (donkey, ass, or idiot), “cerdo” (pig), “waste of time,” “criminal,” and “liar.”
  • Many older children described being threatened and intimidated by officers who did not believe they were minors. For example, one girl who wishes to remain anonymous was 17 years old when officers detained her in August 2021. She was held in CBP detention for approximately five days. While in detention, she felt singled out and harassed by a particular officer who did not believe that she was a minor. The first time she met the officer, he grabbed her by the arm and pressured her to sign a document affirming that she was a minor. She encountered this officer again multiple times and felt threatened, scared, and intimidated every time. The officer called her a liar and threatened to throw her in jail and deport her. The officer claimed to have worked closely with the Guatemalan government for 10 years, which he felt qualified him to know whether she was a minor or an adult. The minor reports that she was not the only person targeted in this way. The officer seemed to think that anyone who was taller or heavier-set was an adult, and he called them liars and threatened to throw them in jail or deport them.
  • [Children] describe officers throwing their food or belongings on the floor, rather than directly handing these items to the children.
  • Some children report that officers denied them access to the bathroom when they needed it. Others report that officers got angry or humiliated the children when they asked to use the bathroom at a time the officer felt was inconvenient.
  • Abel, Cameron, and Mikayla [pseudonyms] are siblings. They were respectively 5, 6 and 15 years old when they were detained by CBP officers on or about March 18, 2021 in Texas. They spent approximately 16 days in detention. Officers believed that Mikayla was Abel and Cameron’s mother, rather than their sister, and they called her a liar when she said she was a minor. They tried to get her to say that she was an adult and that she was the mother of the boys, and eventually made her sign a document stating that she was a minor.… Mikayla also reports that one particular officer was very aggressive and threatening. She does not know his name but described him as a bald man in a green uniform. This particular officer terrified the children because he threatened to beat 6-year-old Cameron with a nightstick because he was lethargic as a result of his illness and did not want to leave a room when ordered to do so. He eventually lifted Cameron up by his T-shirt. The officer threatened to beat the children with a nightstick many times during their detention. He almost always yelled when he spoke to them, and he told the children that if they didn’t want to be treated the way they were being treated then they never should have come to the United States.

— Carly Sessions, “Widespread infringement of the civil rights and civil liberties of Unaccompanied Noncitizen Children held in the custody of CBP: January – December 2021” (United States: Kids in Need of Defense, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Abusive Language, Conditions in Custody

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

Victim Classification: Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between 2019 and 2021, attorneys from Americans for Immigrant Justice (AI Justice) interviewed approximately 12,731 unaccompanied migrant children at Office of Refugee Resettlement (ORR) facilities. The organization’s complaint includes numerous examples from 2021 and 2022 of mistreatment of children while in CBP custody.

“50% of children reported cold temperatures where the children describe their lips becoming chapped, bodies trembling, and/or becoming sick with a fever or cold,” reads the AI Justice complaint, citing the following examples:

  • N.T.M., 13, asked to be moved because she was so cold in her cell that her skin went purple, and her lips were so dry they cracked and bled.
  • K.P.R., 9, reported feeling so cold his “bones hurt.”
  • D.C.L., 16, reports being so cold he trembled. He said he did not have a sweater and all they were given were mylar blankets that often broke. When they tried to grab another blanket, the officers would yell at them. He stated he felt desperate to get out of the cold.
  • A.B.B., 17, echoed the stories of many when she reported that she was very cold during her time in CBP custody and that the mylar blanket provided was not enough to keep warm.

— Jennifer Anzardo, Maite García, “U.S. Customs and Border Protection’s Consistent Failure to Comply with the Terms of the Flores Settlement Agreement and Their Own Standards on the Transport, Escort, Detention and Search of Unaccompanied Children” (United States: Americans for Immigrant Justice, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody

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

Victim Classification: Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from Kids in Need of Defense (KIND) met with about 4,515 unaccompanied minor migrant children at 12 Office of Refugee Resettlement shelters in New York City, Houston, Atlanta, and Seattle. “During these screenings,” reads KIND’s complaint, “minors reported numerous civil rights violations during their apprehension and detention by CBP.”

KIND’s complaint cites the account of a 17-year-old minor who “experienced gender-based shame because officers yelled at her to leave a bathroom, but she did not have time to finish taking care of her needs before several male officers came into the restroom. This experience left her feeling humiliated and exposed.”

— Carly Sessions, “Widespread infringement of the civil rights and civil liberties of Unaccompanied Noncitizen Children held in the custody of CBP: January – December 2021” (United States: Kids in Need of Defense, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Sexual Assault or Harassment

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

Victim Classification: Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between 2019 and 2021, attorneys from Americans for Immigrant Justice (AI Justice) interviewed approximately 12,731 unaccompanied migrant children at Office of Refugee Resettlement (ORR) facilities. The organization’s complaint includes numerous examples from 2021 and 2022 of mistreatment of children while in CBP custody.

“5% of children reported being detained with adults,” reads AI Justice’s complaint. “J.H.M. stated that he was in the holding cell with four adult men, two of which harassed the 9-year-old telling him that he was his father and another, his uncle because one of them had impregnated his mom. J.H.M was distraught and tried to tell CBP officers what was happening to him but still he remained in the cell with adults. He reports lying on the floor and crying.”

— Jennifer Anzardo, Maite García, “U.S. Customs and Border Protection’s Consistent Failure to Comply with the Terms of the Flores Settlement Agreement and Their Own Standards on the Transport, Escort, Detention and Search of Unaccompanied Children” (United States: Americans for Immigrant Justice, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Endangerment

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

Victim Classification: Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from Kids in Need of Defense (KIND) met with about 4,515 unaccompanied minor migrant children at 12 Office of Refugee Resettlement shelters in New York City, Houston, Atlanta, and Seattle. “During these screenings,” reads KIND’s complaint, “minors reported numerous civil rights violations during their apprehension and detention by CBP.”

“Approximately 455 minors, or 10.6% of the minors screened, indicated that they lacked access to sufficient food, water, medical attention, or other basic necessities while in detention,” notes KIND’s complaint. “Many children describe going hungry because they received meager portions of food, often described as ‘snacks,’ only once or twice a day. Some describe missing meal distribution because they were in the bathroom; others, being denied water for several hours after asking for it.”

— Carly Sessions, “Widespread infringement of the civil rights and civil liberties of Unaccompanied Noncitizen Children held in the custody of CBP: January – December 2021” (United States: Kids in Need of Defense, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Denial of Food or Water

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

Victim Classification: Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from Kids in Need of Defense (KIND) met with about 4,515 unaccompanied minor migrant children at 12 Office of Refugee Resettlement shelters in New York City, Houston, Atlanta, and Seattle. “During these screenings,” reads KIND’s complaint, “minors reported numerous civil rights violations during their apprehension and detention by CBP.”

“Approximately 455 minors, or 10.6% of the minors screened, indicated that they lacked access to sufficient food, water, medical attention, or other basic necessities while in detention,” reads KIND’s complaint. It cites the following examples of denied medical care:

  • Many children reported having symptoms such as fever, ear infection, nausea, stomach pain, sore throat, cough, chills, headaches, and/or body aches while detained, but they were denied access to adequate medical attention when they reported these symptoms to officers. Instead, officers regularly told minors to drink more water or gave the children cough drops or allergy medicine, rather than allowing them to speak with a trained medical professional.
  • One minor, who felt feverish and had a very sore, swollen throat, remembers asking to see a doctor. Officers told her that she could only see a doctor “if she was dying.”
  • Another minor, who was a teenager mother, reports begging officers to take her baby to the doctor after her baby became very ill. The officers first told her that she shouldn’t have left her country if she didn’t want her baby to get sick, and that there would be no “preferential treatment” for her. When the baby’s condition worsened, officers finally agreed to take him to the hospital, where doctors told the mother that the baby had a bacterial infection, likely caused by food he had eaten in detention.
  • After her apprehension [during which she suffered abrasions and bruises], Debra [pseudonym, a 15-year-old minor] was taken to a detention facility and spoke with a medical provider for 2 minutes or less, but they told her there was nothing they could do for her injuries. They did not clean her injuries or provide her with any bandages.
  • Mikayla [pseudonym of a 15-year-old minor] shared that on approximately the 5th day of their detention Cameron, Abel, Mikayla, and other detained children became very sick after eating rice and tortillas that they believed were spoiled because they tasted sour. Other food they ate tasted under-cooked. Mikayla reports that they had stomach cramps, fever, and other flu-like symptoms. She vomited 2 or 3 times. Her brothers were sicker than she was and vomited multiple times a day, multiple days in a row. Mikayla alerted CBP officers at least 5 times that they were sick, but the officers did nothing to help them. Officers told her they did not have medication or medical personnel available to help the children. Mikayla remembers that they said, “This is not a hospital, and we are not doctors. We cannot help you.” Mikayla asked if they could eat anything else instead of the food which had made them ill. Officers replied that they would either eat what was given to them or not eat at all, and that it was not their concern whether the children ate or not.”

— Carly Sessions, “Widespread infringement of the civil rights and civil liberties of Unaccompanied Noncitizen Children held in the custody of CBP: January – December 2021” (United States: Kids in Need of Defense, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Denial of Medical Care

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

Victim Classification: Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from the Immigrant Defenders Law Center (ImmDef) provided Know Your Rights presentations and conducted legal screenings for at least 2,356 unaccompanied children exiting CBP custody. “During these legal screenings,” reads ImmDef’s complaint, “staff asked children to describe their experience being processed through the U.S. immigration system, with a focus on the conditions in CBP custody.”

ImmDef’s complaint cites the following examples of CBP personnel using excessive force or physical roughness with children:

  • L.A.C. is a sixteen-year-old child from Honduras who was detained in a hielera[10] and kicked by CBP officers while she slept if she did not get up fast enough.
  • P.A.M. is a sixteen-year-old child from Mexico who was seven-months pregnant while in CBP custody. CBP officers pulled P.A.M.’s hair while conducting a body search and grabbed her ankle without warning, causing her to lose her balance.
  • Upon apprehension, M.G.G. [a seventeen-year-old child from El Salvador] was denied water and witnessed other individuals being physically beaten by immigration officers.

“It is not limited to one child or one instance,” ImmDef’s complaint concludes.

It is not limited to the conduct of a “bad apple” employee within the agency. It is not limited to even a rogue or remote CBP outpost that lacks training and resources. The sheer number of children who have reported abuse, many of whom told us that they fear retaliation and were afraid to speak up, suggests that these examples are but a fraction of the actual total.

— Hannah Comstock, Carson Scott, Madeline Sachs, “Abuse of Unaccompanied Minors in Customs and Border Protection Custody, January to December 2021” (Los Angeles: Immigrant Defenders Law Center, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Footnotes from above:

[10]: Throughout this complaint, the word hielera is used to refer to CBP custody. Hielera, which roughly translates to “ice box,” is the word used by most children to describe CBP custody due to the extremely cold temperatures maintained in those facilities.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Use of Force

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

Victim Classification: El Salvador, Female, Honduras, Mexico, Pregnancy, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from Kids in Need of Defense (KIND) met with about 4,515 unaccompanied minor migrant children at 12 Office of Refugee Resettlement shelters in New York City, Houston, Atlanta, and Seattle. “During these screenings,” reads KIND’s complaint, “minors reported numerous civil rights violations during their apprehension and detention by CBP.”

KIND’s complaint cites the following troubling anecdotes about children’s conditions in CBP custody:

  • Children described being given food that was frozen, undercooked, or spoiled and therefore inedible. Other children report becoming nauseated or vomiting after eating the food.
  • one minor, who was detained for several weeks, remembers that there were never enough toothbrushes for each child, so they had to take turns deciding who would be able to brush their teeth.
  • Some children report that officers denied them access to the bathroom when they needed it. Others report that officers got angry or humiliated the children when they asked to use the bathroom at a time the officer felt was inconvenient.
  • Nathaniel [pseudonym] was 17 years old when CBP officers detained him in Texas on or about March 3, 2021. What he remembers most about his time in CBP detention is that it was extremely cold, that he barely slept, and that he did not receive sufficient food, so he was almost always hungry. He thought he would only be there for 3 days, but he was there for approximately 12. He was only permitted to shower 2 or 3 times while he was detained. Officers would only let him sleep for short durations of time before they would wake him up to conduct roll call, speak with children, or clean the cell. There was not enough space in the cell for everyone to sleep at the same time. He says that the other children cried a lot, because the officers were not nice to them, but he did not want to elaborate on what he meant because he was afraid to share further details.
  • Mikayla [pseudonym of a 15-year-old minor] further reports that during their 16-day detention, she and her brothers were only permitted to shower and change their clothes approximately 3 times, and that they were only permitted to brush their teeth twice. They were held with approximately 100 children, in a cell that Mikayla estimates could only fit 25 children comfortably.… It was difficult to sleep because the rooms were so crowded, the lights were almost always on, and the officers woke the children regularly to clean the cell. Furthermore, there was not sufficient space for all the children to lie down at the same time, and children quarreled over a very limited number of sleeping mats available.

— Carly Sessions, “Widespread infringement of the civil rights and civil liberties of Unaccompanied Noncitizen Children held in the custody of CBP: January – December 2021” (United States: Kids in Need of Defense, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody

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

Victim Classification: Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from the Immigrant Defenders Law Center (ImmDef) provided Know Your Rights presentations and conducted legal screenings for at least 2,356 unaccompanied children exiting CBP custody. “During these legal screenings,” reads ImmDef’s complaint, “staff asked children to describe their experience being processed through the U.S. immigration system, with a focus on the conditions in CBP custody.”

ImmDef’s complaint cites the following examples of CBP personnel using abusive language with children:

  • In the hielera, CBP officers insulted P.A.M. [a sixteen-year-old child from Mexico] and other children, called them animals, and shut doors in their faces.
  • R.M.M. [a seventeen-year-old child from Guatemala] received medication for three days, but his later requests for medical attention were outright denied. Instead, CBP officers yelled at him and called him names.
  • G.G.G. [a seventeen-year-old child from Guatemala] witnessed CBP officers yell at other kids who did not get up right away at five o’clock in the morning for roll call or who did not immediately obey the commands of CBP officers.
  • CBP officers yelled at E.C.C. [a thirteen-year-old child] in both English and Spanish, including waking him and other children by yelling, “Levantense cabrones.” [26]
  • CBP officers called him [D.C.E., a 16-year-old,] a “gangster,” and threatened his aunt.
  • When M.J.C. [a 14-year-old] was first apprehended by CBP, she was handcuffed for approximately twenty-four hours without any food or water. Alone, exhausted from her journey, and afraid for her life, she was forced to sit on the side of the road as CBP officers yelled at her in English, which she did not understand. M.J.C. was cold and wet when she finally arrived at the hielera, but rather than give her warm clothes, CBP officers berated M.J.C., saying that “she should’ve thought about that before coming to the U.S.”
  • M.G.G. is a seventeen-year-old child who arrived in the United States from El Salvador and experienced egregious abuse at the hands of CBP officers. When M.G.G. was apprehended, she was verbally harassed. She reported hearing CBP officers refer to her and other children and families as “motherfuckers” in English, pendejos, and hijos de puta. [37]
  • When she first arrived at the hielera, she [L.L.C., a sixteen-year-old child from Guatemala] was yelled at by the guards and given a single mylar blanket. L.L.C. and the other children slept in a shelter with only a roof but no walls. L.L.C. recalls being very cold but afraid to ask for more blankets after seeing other children get yelled at.… L.L.C. also suffered verbal abuse while in CBP custody. She was spoken to in both English and Spanish, and officers would become angry and yell at the children when they did not fall asleep immediately.
  • K.M.A. [a 17-year-old] arrived in the United States with a minor friend and witnessed CBP officers take him into a small room and yell at him. Other CBP officers berated K.M.A. because she was pregnant and accused her of providing a false birth certificate. The CBP officers yelled at K.M.A. so much that she cried, and when she asked to call her mother, they refused to allow her to use the phone. K.M.A. was examined by a nurse while detained in CBP custody, and K.M.A. asked the nurse if it was common for the CBP officers to yell at children in the way she had experienced. The nurse responded that she could not answer the question and instead told CBP officers what K.M.A. had asked her. K.M.A. was then yelled at by two CBP officers, who told her that child immigrants should not come to the United States because it was a waste of taxes. The CBP officers accused K.M.A. of only coming to the United States so her baby could be a U.S. citizen and so that she could receive welfare. The officers expressed to her that it was not fair that the U.S. government would pay to support her baby. K.M.A. was also threatened by CBP officers. She was told that she would be put in jail because she was pregnant and because she had brought a fake birth certificate, even though K.M.A. repeatedly assured the officers that it was not fake.

“It is not limited to one child or one instance,” ImmDef’s complaint concludes.

It is not limited to the conduct of a “bad apple” employee within the agency. It is not limited to even a rogue or remote CBP outpost that lacks training and resources. The sheer number of children who have reported abuse, many of whom told us that they fear retaliation and were afraid to speak up, suggests that these examples are but a fraction of the actual total.

— Hannah Comstock, Carson Scott, Madeline Sachs, “Abuse of Unaccompanied Minors in Customs and Border Protection Custody, January to December 2021” (Los Angeles: Immigrant Defenders Law Center, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Footnotes from above:

[26]: This phrase translates to “Get up a–holes”

[37]: These phrases translate to “a–holes” and “sons of bitches.”

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Abusive Language

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

Victim Classification: El Salvador, Female, Guatemala, Mexico, Pregnancy, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from Kids in Need of Defense (KIND) met with about 4,515 unaccompanied minor migrant children at 12 Office of Refugee Resettlement shelters in New York City, Houston, Atlanta, and Seattle. “During these screenings,” reads KIND’s complaint, “minors reported numerous civil rights violations during their apprehension and detention by CBP.”

KIND’s complaint cites the following troubling anecdotes about children’s apprehensions by CBP personnel:

  • At least two minors reported having guns pointed at them when they were being detained by officers, and another reported hearing shots fired when officers attempted to detain her and members of her group.
  • Debra [pseudonym] was 15 years old when two male immigration officers detained her in Arizona on or about October 9, 2021. The officers never gave their names, but she remembers they wore green uniforms. She was very frightened when she encountered the officials. One of them violently grabbed her by the sweater, forced her face-down to the ground, and put his knee in her back while handcuffing her. She was in a great deal of pain, and it was extremely difficult to breathe. She lay face-down on the ground for approximately 2 minutes, with the officer’s body pressure on her back. The officer was violent and aggressive, and Debra was terrified. The officer did not speak to her in a language she could understand except when he told her in Spanish to “get up” off the ground. During this violent encounter, she sustained abrasions and bruises to her face and legs, and she was sore, especially on her back and shoulders, for several days after the encounter. After her apprehension, Debra was taken to a detention facility and spoke with a medical provider for 2 minutes or less, but they told her there was nothing they could do for her injuries. They did not clean her injuries or provide her with any bandages. She was also interviewed by a female immigration officer who explained that she was the “police of the police.” The woman introduced herself, but Debra does not recall the woman’s name. She does, however, remember that the woman was wearing a blue uniform. The woman in the blue uniform interviewed Debra for about 20 minutes, asked about her injuries, and took photos. However, nobody explained what would be done with the information obtained during the interview.

— Carly Sessions, “Widespread infringement of the civil rights and civil liberties of Unaccompanied Noncitizen Children held in the custody of CBP: January – December 2021” (United States: Kids in Need of Defense, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions of Arrest or Apprehension, Use of Force

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

Victim Classification: Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from the Immigrant Defenders Law Center (ImmDef) provided Know Your Rights presentations and conducted legal screenings for at least 2,356 unaccompanied children exiting CBP custody. “During these legal screenings,” reads ImmDef’s complaint, “staff asked children to describe their experience being processed through the U.S. immigration system, with a focus on the conditions in CBP custody.”

ImmDef’s complaint cites the account of “M.G.G.,” a 17-year-old from El Salvador, who “reported that she felt she was touched inappropriately during the officers’ search of her belongings because she had her identification hidden under her clothes.”

— Hannah Comstock, Carson Scott, Madeline Sachs, “Abuse of Unaccompanied Minors in Customs and Border Protection Custody, January to December 2021” (Los Angeles: Immigrant Defenders Law Center, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Sexual Assault or Harassment

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

Victim Classification: El Salvador, Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between January 1 and August 13, 2021, attorneys from the Florence Immigrant and Refugee Rights Project completed intakes with about 6,000 unaccompanied migrant children. “Out of those six thousand intakes,” the attorneys’ complaint reads, “the Florence Project documented over 900 reports of abuse and legal violations by CBP. Thus, approximately 15 percent of children we interviewed who passed through CBP custody were victims of abuse at the hands of CBP. That number is unacceptably high and likely undercounts the instances of abuse because many children remained afraid to report it.”

“28 children reported CBP physical abuse to the Florence Project,” the group’s complaint reads, citing the following examples:

  • A 17-year-old minor witnessed CBP agents use a Taser gun on other children as a punishment. The child was in constant fear after seeing other children being tased on the hand and neck. Although the child looked away each time this happened, the child was able to hear the cries of the impacted children.
  • One child reported that an officer yelled at the child and threw the child to the ground. The officer held the child on the floor by putting a knee on the child’s back.
  • One child reported that a person cleaning the holding center stepped on the child’s fingers and insulted the child when the child complained. The child witnessed CBP officers kick another child three times for sleeping in the wrong place.
  • A child reported witnessing an officer kick another child in the head.
  • A child reported being woken up by officers kicking the children and their mattresses.
  • Children reported being woken by officers slapping their bed sheets.
  • A 17-year-old child reported that a CBP officer shoved the child.

— Laura Bellows, Yesenia Ramales, “Abuse of Unaccompanied Non-Citizen Children in Customs and Border Protection Custody Between January and August 2021” (Phoenix: Florence Immigrant and Refugee Rights Project, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Use of Force

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

Victim Classification: Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from the Immigrant Defenders Law Center (ImmDef) provided Know Your Rights presentations and conducted legal screenings for at least 2,356 unaccompanied children exiting CBP custody. “During these legal screenings,” reads ImmDef’s complaint, “staff asked children to describe their experience being processed through the U.S. immigration system, with a focus on the conditions in CBP custody.”

ImmDef’s complaint cites the account of “M.G.G.,” a 17-year-old from El Salvador, who “was separated from her brother and did not hear any information about his whereabouts, health, or safety for over three weeks, until she was finally able to make contact with him from the ORR shelter.… When she asked to call her mom or for any information about her brother, CBP officers denied her requests.”

— Hannah Comstock, Carson Scott, Madeline Sachs, “Abuse of Unaccompanied Minors in Customs and Border Protection Custody, January to December 2021” (Los Angeles: Immigrant Defenders Law Center, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Family Separation

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

Victim Classification: El Salvador, Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between January 1 and August 13, 2021, attorneys from the Florence Immigrant and Refugee Rights Project completed intakes with about 6,000 unaccompanied migrant children. “Out of those six thousand intakes,” the attorneys’ complaint reads, “the Florence Project documented over 900 reports of abuse and legal violations by CBP. Thus, approximately 15 percent of children we interviewed who passed through CBP custody were victims of abuse at the hands of CBP. That number is unacceptably high and likely undercounts the instances of abuse because many children remained afraid to report it.”

The Florence Project’s complaint cites the following examples of CBP personnel using abusive language with children:

  • One child reported being held for five days in the holding center. CBP did not allow the child to make any phone calls and told the child that “no one loves” the child. CBP officer mocked child as the officer said it.
  • One child reported being held for ten days and receiving little water even though the child kept asking for more. CBP officers swore at the child and called the child a “criminal.”
  • 85 children reported verbal abuse by the officers in charge of taking care of them. Children reported being insulted and yelled at several times.
    • One child was called a criminal and cussed at by an officer.
    • A child reported to us that an officer called her a “bitch”.
    • One child report being called a “pendejo” (a–hole) by an officer.
    • A child reported being screamed at by an officer asking the child why the child came to the United States.
    • One child reported that CBP officers yelled at the child until the child cried.
    • A child was yelled at and threatened with deportation by the CBP officers.
    • A child reported being called a “cabrón” (a–hole/dumbass) by an officer.
    • A child reported being called “a piece of sh-t” by an officer.

— Laura Bellows, Yesenia Ramales, “Abuse of Unaccompanied Non-Citizen Children in Customs and Border Protection Custody Between January and August 2021” (Phoenix: Florence Immigrant and Refugee Rights Project, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Abusive Language, Conditions in Custody

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

Victim Classification: Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from the Immigrant Defenders Law Center (ImmDef) provided Know Your Rights presentations and conducted legal screenings for at least 2,356 unaccompanied children exiting CBP custody. “During these legal screenings,” reads ImmDef’s complaint, “staff asked children to describe their experience being processed through the U.S. immigration system, with a focus on the conditions in CBP custody.”

“ImmDef has encountered 172 children who were not given adequate food and water,” reads the organization’s complaint, which includes the following examples:

  • R.M.M. is a seventeen-year-old child from Guatemala who was detained in CBP custody for eight days, during two of which he received no food, causing him to experience head pains and stomach problems.
  • L.G.O. is a thirteen-year-old child from El Salvador who only received a single meal consisting of cold, rotten food each day she was held in CBP custody.
  • M.V.P. [a seventeen-year-old child from Guatemala] reported that she did not eat during her time at the detention center because the burritos given to the children smelled spoiled. She was given only small amounts of water.

“It is not limited to one child or one instance,” ImmDef’s complaint concludes.

It is not limited to the conduct of a “bad apple” employee within the agency. It is not limited to even a rogue or remote CBP outpost that lacks training and resources. The sheer number of children who have reported abuse, many of whom told us that they fear retaliation and were afraid to speak up, suggests that these examples are but a fraction of the actual total.

— Hannah Comstock, Carson Scott, Madeline Sachs, “Abuse of Unaccompanied Minors in Customs and Border Protection Custody, January to December 2021” (Los Angeles: Immigrant Defenders Law Center, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Denial of Food or Water

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

Victim Classification: El Salvador, Female, Guatemala, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between January 1 and August 13, 2021, attorneys from the Florence Immigrant and Refugee Rights Project completed intakes with about 6,000 unaccompanied migrant children. “Out of those six thousand intakes,” the attorneys’ complaint reads, “the Florence Project documented over 900 reports of abuse and legal violations by CBP. Thus, approximately 15 percent of children we interviewed who passed through CBP custody were victims of abuse at the hands of CBP. That number is unacceptably high and likely undercounts the instances of abuse because many children remained afraid to report it.”

The organization’s complaint includes the account of a 16-year-old child who “reports that the child’s cousin with whom the child travelled was held until the cousin’s 18th birthday, at which point the cousin was transferred directly to an adult detention center, separating the child from the only family member with the child.”

— Laura Bellows, Yesenia Ramales, “Abuse of Unaccompanied Non-Citizen Children in Customs and Border Protection Custody Between January and August 2021” (Phoenix: Florence Immigrant and Refugee Rights Project, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Family Separation

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

Victim Classification: Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from the Immigrant Defenders Law Center (ImmDef) provided Know Your Rights presentations and conducted legal screenings for at least 2,356 unaccompanied children exiting CBP custody. “During these legal screenings,” reads ImmDef’s complaint, “staff asked children to describe their experience being processed through the U.S. immigration system, with a focus on the conditions in CBP custody.”

“ImmDef has encountered…twenty-three children who suffered medical neglect,” reads the organization’s complaint, which includes the following examples:

  • R.M.M. [a seventeen-year-old child from Guatemala] received medication for three days, but his later requests for medical attention were outright denied. Instead, CBP officers yelled at him and called him names.
  • M.J.C. [a 14-year-old] requested medical attention, which CBP officers denied for three days, instructing her instead to lie down or sleep. CBP officers eventually had to take M.J.C. to a hospital after her symptoms worsened. Doctors later confirmed that her stomach problems were caused by the food provided in the hielera and that she was living with an untreated broken arm that she sustained during her journey. M.J.C. was eventually returned to the CBP facility, where officers withheld her medications and only provided her the same food that made her sick and landed her in the hospital. She became so hungry that she had no option but to eat the dangerous food, which unsurprisingly caused her to experience the same stomach pain. This time, however, she was too afraid to tell the officers that she was in pain and instead suffered in silence.

A June 2022 report from the Marshall Project elaborated on M.J.C.’s story:

It was during that chaos in the spring of 2021 when M.J., an unaccompanied 14-year-old girl from Guatemala, landed in a Border Patrol facility in the Rio Grande Valley of Texas. Instead of the maximum of 72 hours, as required, she was held for 18 days, according to case records reviewed by lawyers with the Immigrant Defenders, who are representing her in her immigration case.

M.J. had been injured in the last days of her journey across Mexico. She leapt from a moving freight train, landing on her shoulder in a bank of rocks, M.J. said in an interview in California in March. (Because she is a minor in legal proceedings, she asked that her name and exact location not be published.)

With her arm swollen and blue, M.J. turned herself in to the Border Patrol soon after crossing the Rio Grande. Agents kept her in handcuffs for 24 hours, she said, aggravating the ache.

She was moved to a vast tent holding families and minors, most likely, based on court documents, in Donna, Texas. Crammed with dozens of girls into a cell defined by clear plastic walls, M.J. slept on a narrow metal bench for nearly three weeks. To leave the cell to use the bathroom, she had to ask each girl for permission to step over. She never had a change of clothes, she said.

She fashioned a sling from a borrowed cloth to relieve the throb in her shoulder. An attendant, citing security rules, took it away, M.J. said. There were nurses on duty, but they declined to give her medication for the pain.

“No one told you to come to the United States,” she said one attendant told her.

The only food was egg burritos and beans, often half-frozen. On the fourth day, M.J. said, she started to vomit from stomach cramps and shoulder pain. The medical staff, relenting, sent her to a local clinic, where examinations revealed a fractured shoulder and severe dehydration.

A physician gave her a sling and prescribed a painkiller. After she was returned to the detention facility later that day, M.J. said, a guard took away the new sling. She never received the medication.

  • When B.T.P. [a Guatemalan girl] asked for medical assistance due to constant headaches, she was first ignored and later told that she would see a doctor. The doctor never arrived.
  • M.G.G. [a seventeen-year-old from El Salvador] also reported a lack of COVID-19 precautions and general medical neglect. When she first arrived, M.G.G. was not given a COVID-19 test and later discovered that there were people with active cases of COVID-19 held in the hielera with her. She was not provided with a mask.
  • The food in the hielera consisted of burritos that tasted spoiled, and L.L.C. [a sixteen-year-old child from Guatemala] soon became sick. When she reported feeling ill to medical staff, they did not address her concerns. As a result, L.L.C. was forced to skip meals. L.L.C. witnessed similar treatment of other children when they felt sick—CBP officers refused to provide medicine and only told the children to drink more water.
  • While crossing the border, M.V.P. [a seventeen-year-old child from Guatemala] hurt the back of her right knee while jumping over a wall. When she asked to see a doctor in the CBP facility, she was given unidentified pills but did not receive any other treatment or follow up.… After four days in CBP custody, M.V.P. began experiencing severe stomach pains and complained to CBP officers. Four hours later, she was taken to a nurse, who did not treat her. After another nine to ten hours of suffering severe pain, M.V.P. was taken to the emergency room, where she was diagnosed with dehydration and put on an IV. When she was discharged from the emergency room, the doctor gave the immigration official paperwork about her condition. M.V.P believes there was more to her condition than dehydration, but she never received a copy of that paperwork.

“It is not limited to one child or one instance,” ImmDef’s complaint concludes.

It is not limited to the conduct of a “bad apple” employee within the agency. It is not limited to even a rogue or remote CBP outpost that lacks training and resources. The sheer number of children who have reported abuse, many of whom told us that they fear retaliation and were afraid to speak up, suggests that these examples are but a fraction of the actual total.

— Hannah Comstock, Carson Scott, Madeline Sachs, “Abuse of Unaccompanied Minors in Customs and Border Protection Custody, January to December 2021” (Los Angeles: Immigrant Defenders Law Center, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

— Anna Flagg and Julia Preston, “‘No Place for a Child’: 1 in 3 Migrants Held in Border Patrol Facilities Is a Minor” (The Marshall Project, Politico: June 16, 2022) https://www.politico.com/news/magazine/2022/06/16/border-patrol-migrant-children-detention-00039291.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Denial of Medical Care

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

Victim Classification: El Salvador, Female, Guatemala, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between January 1 and August 13, 2021, attorneys from the Florence Immigrant and Refugee Rights Project completed intakes with about 6,000 unaccompanied migrant children. “Out of those six thousand intakes,” the attorneys’ complaint reads, “the Florence Project documented over 900 reports of abuse and legal violations by CBP. Thus, approximately 15 percent of children we interviewed who passed through CBP custody were victims of abuse at the hands of CBP. That number is unacceptably high and likely undercounts the instances of abuse because many children remained afraid to report it.”

The Florence Project’s complaint cites the following examples of CBP personnel denying food or water to children in custody:

  • One child reported being held for ten days and receiving little water even though the child kept asking for more. CBP officers swore at the child and called the child a “criminal.”
  • A 16-year-old child was detained for six days in poor conditions and lacked adequate food. The child reported stomach pains from the food the child received and was not given medical attention when it was requested.
  • One child reported that the food provided made the child sick with a headache. When the child examined the wrapper of the burritos served by CBP, they were expired.

— Laura Bellows, Yesenia Ramales, “Abuse of Unaccompanied Non-Citizen Children in Customs and Border Protection Custody Between January and August 2021” (Phoenix: Florence Immigrant and Refugee Rights Project, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Denial of Food or Water

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

Victim Classification: Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from the Immigrant Defenders Law Center (ImmDef) provided Know Your Rights presentations and conducted legal screenings for at least 2,356 unaccompanied children exiting CBP custody. “During these legal screenings,” reads ImmDef’s complaint, “staff asked children to describe their experience being processed through the U.S. immigration system, with a focus on the conditions in CBP custody.”

ImmDef’s complaint cites the following examples of CBP personnel confiscating children’s documents:

  • P.A.M. [a sixteen-year-old child from Mexico] was ultimately hospitalized for two days because she began experiencing contractions and had a high-risk pregnancy. CBP refused to give her the discharge documents that had important information for her follow up appointments.
  • L.G.O. is a thirteen-year-old child from El Salvador… Upon apprehension, her birth certificate was confiscated and never returned to her, and she was not allowed to make any phone calls.
  • D.S. is a seventeen-year-old child from Romania who was held in CBP custody for five days. When he was taken into custody, CBP confiscated his passport.… D.S. did not have access to sufficient interpretation services and was forced to sign some documents that were never explained to him in Romanian. D.S.’s passport was never returned to him.

“It is not limited to one child or one instance,” ImmDef’s complaint concludes.

It is not limited to the conduct of a “bad apple” employee within the agency. It is not limited to even a rogue or remote CBP outpost that lacks training and resources. The sheer number of children who have reported abuse, many of whom told us that they fear retaliation and were afraid to speak up, suggests that these examples are but a fraction of the actual total.

— Hannah Comstock, Carson Scott, Madeline Sachs, “Abuse of Unaccompanied Minors in Customs and Border Protection Custody, January to December 2021” (Los Angeles: Immigrant Defenders Law Center, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Confiscation of Documents

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

Victim Classification: El Salvador, Female, Mexico, Romania, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between January 1 and August 13, 2021, attorneys from the Florence Immigrant and Refugee Rights Project completed intakes with about 6,000 unaccompanied migrant children. “Out of those six thousand intakes,” the attorneys’ complaint reads, “the Florence Project documented over 900 reports of abuse and legal violations by CBP. Thus, approximately 15 percent of children we interviewed who passed through CBP custody were victims of abuse at the hands of CBP. That number is unacceptably high and likely undercounts the instances of abuse because many children remained afraid to report it.”

“Approximately 14 children reported being sick or getting sick while in CBP holding centers and not receiving adequate care,” the Florence Project’s complaint reads, citing the following examples:

  • A 16-year-old child was detained for six days in poor conditions and lacked adequate food. The child reported stomach pains from the food the child received and was not given medical attention when it was requested.
  • One child reported having COVID symptoms. CBP officers ignored the child until the child insisted on a COVID test. Upon testing positive, CBP officers refused to assist the child when the child requested toilet paper and water.
  • One child reported getting stomach pains after eating frozen food. The child asked for medical attention but never received it.
  • A child held for five days was very cold and became sick but was not given medical attention despite a request to see a medical provider.
  • One child stated that the child’s sister became sick with a respiratory illness and the nurse told her to just drink water and didn’t provide medicine or a COVID test.
  • A child reported being sick for five days while detained. Although the child was vomiting and had diarrhea, the officers did not provide medical attention. One officer told the child that “if you want medication, you have to stay five more days in detention.”
  • A child reported that the child felt sick while in CBP custody. A CBP officer examined the child and said that the child was fine, but the illness worsened. After the child arrived in ORR custody and was seen by medical processional, the child was immediately instructed to begin taking medication. The child believed that CBP’s failure to provide medical assistance allowed the condition to worsen.

— Laura Bellows, Yesenia Ramales, “Abuse of Unaccompanied Non-Citizen Children in Customs and Border Protection Custody Between January and August 2021” (Phoenix: Florence Immigrant and Refugee Rights Project, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Conditions in Custody, Denial of Medical Care

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

Victim Classification: Unaccompanied Child