42 Records of Alleged Abusive or Improper Conduct where the accountability status is “Under OPR Investigation”

February 25, 2023

Three migrants and a U.S. citizen died in the pre-dawn hours of February 25 in a crash following a Border Patrol chase in Rio Bravo, near Laredo, Texas.

A Border Patrol agent sought to stop a sedan near the site where a remote camera had detected a suspected group of undocumented migrants. The agent “activated his vehicle’s emergency equipment to conduct a vehicle stop,” according to a CBP release. (Original link) “The sedan slowed but then accelerated, failing to yield to the agent’s emergency equipment.”

The agent gave chase, but “reportedly lost sight of the vehicle,” which then hit a speed bump, lost control, and crashed in front of a residence. The car “was airborne when six people were ejected and the car landed on its roof,” according to Rio Bravo Fire Chief Juan González. Video footage obtained by CBP’s Office of Professional Responsibility showed the Border Patrol agent arriving at the scene of the collision 24 seconds after it happened.

The driver, a 19-year-old male U.S. citizen, and an unidentified passenger were declared deceased at the scene. A male citizen of Guatemala was declared dead at the Laredo Medical Center. An unidentified passenger was declared dead at Laredo’s Doctors Hospital. Border Report reported that the sedan had a total of six migrants aboard.

CBP’s release noted that the incident was “under investigation by Webb County Sheriff’s Office, Texas Department of Public Safety, and CBP’s Office of Professional Responsibility.” The DHS Office of Inspector General was notified.

— U.S. Customs and Border Protection. “Four Dead; Multiple Injured after Driver of Suspected Human Smuggling Vehicle Crashes near Rio Bravo, Texas,” March 10, 2023. <https://www.cbp.gov/newsroom/speeches-and-statements/four-dead-multiple-injured-after-driver-suspected-human-smuggling>.

— Sanchez, Sandra. “U.S. Citizen, 3 Migrants Die in Border Patrol Chase, Rio Bravo Fire Chief Says.” BorderReport, February 27, 2023. <https://www.borderreport.com/immigration/border-crime/u-s-citizen-3-migrants-die-in-border-patrol-chase-rio-bravo-fire-chief-says/>.

Sector(s): Laredo

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

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

Victim Classification: Female, Guatemala, U.S. Citizen or Resident

January 15, 2023

A Texas National Guardsman assigned to the Texas state government’s “Operation Lone Star” border mission shot and wounded a migrant under still-unclear circumstances near McAllen. Military Times and the Texas Tribune reported:

The shooting took place around 4:20 a.m. Sunday, after two Guardsmen joined Border Patrol agents and a trained dog who tracked a group of migrants to an abandoned house. The soldiers entered the building where three of the four migrants surrendered, the report [an internal Texas Military Department document that the news outlets obtained] said.

According to the document, the fourth migrant tried to flee through a window and resisted when one of the soldiers tried to apprehend him. The migrant wrestled the service member to the ground, striking him with his fists and elbows, the document said. During the struggle, the Guard member drew his M17 pistol and shot the migrant in the left shoulder at close range as the migrant was falling on top of the soldier. The soldier fired once, the document said.

Though it is exceedingly rare for a soldier to fire on a civilian on U.S. soil, Texas state authorities were being opaque about what happened, the Associated Press reported nine days after the incident. The AP added, “Rod Kise, a Border Patrol spokesman, said the ‘shots fired’ incident was under review by Customs and Border Protection’s Office of Professional Responsibility.”

— Winkie, Davis, and James Barragan. “Migrant Shot and Injured by National Guard Soldier Patrolling Border.” Military Times, The Texas Tribune, January 19, 2023. <https://www.texastribune.org/2023/01/19/national-guard-migrant-shot-border/>.

— Weber, Paul J. “Texas Silent after Guard Member Shoots Migrant on Border.” Associated Press, January 24, 2023. <https://apnews.com/article/politics-texas-mexico-6f97a21533a0e4c85474a12c31fab97c>.

Sector(s): Rio Grande Valley

Agency(ies):

Event Type(s): Use of Force

Last Known Accountability Status: Under OPR Investigation

Victim Classification: Single Adult

January 13, 2023

A male citizen of Mexico died on January 13 in the back of a Border Patrol vehicle that was transporting him, handcuffed, from a remote Arizona location to a hospital.

A long narrative that CBP published on February 27 relates that the man was taken first from the field to a Border Patrol operating base, then to the Border Patrol’s Ajo Station in Why, Arizona, then to the Abrazo Buckeye Emergency Medical Center in Buckeye, Arizona. (Original link) It was during the last leg of the trip that the man passed away. “Upon arrival at the ambulance entrance, one of the agents attempted to wake the man to no avail.”

The CBP release narrates that the deceased man at one point “began to kick the interior of the USBP vehicle,” and later was “acting in a combative and agitated manner while sitting in the back seat.” He had “sustained an injury to his left ankle while attempting to elude apprehension,” and agents “suspected the man’s behavior may be related to the ingestion of drugs.”

“The Maricopa County Medical Examiner’s Office performed an autopsy on January 15, 2023,” the release reads. “The final cause and manner of death are pending further investigation including toxicology testing.”

The Arizona Daily Star appeared to have identified the deceased man:

One pending autopsy case at the Maricopa County Medical Examiner’s Office says a man named Martin Peraza-Perez, 34, was in Border Patrol custody the day he died on Jan. 13.

A man with that same name and age was convicted of unauthorized re-entry into the country on or around July 25, 2022. He had been previously removed from the country three times and had also been convicted in Maricopa County Superior Court on a 2013 felony of marijuana transport and/or sale, according to a complaint in the case.

CBP’s Office of Professional Responsibility (OPR) is investigating the incident, and the DHS Office of Inspector-General was notified. “Additionally, CBP’s Office of the Chief Medical Officer and an independent clinician will be conducting a mortality review of this incident.”

— U.S. Customs and Border Protection. “Man Apprehended in Remote Arizona Location Pronounced Deceased,” February 27, 2023. <https://www.cbp.gov/newsroom/speeches-and-statements/man-apprehended-remote-arizona-location-pronounced-deceased>.

— Khmara, Danyelle. “Migrant Dies in Border Patrol Custody in Southern Arizona.” Arizona Daily Star. March 1, 2023. <https://tucson.com/news/local/border/migrant-dies-in-border-patrol-custody-in-southern-arizona/article_1dcb3a1c-b864-11ed-8bba-e30f6a8b3078.html>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension

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

Victim Classification: Mexico, Single Adult

January 8, 2023

A series of tweets from the Sunland Park, New Mexico Fire Department reported a late-night single-vehicle rollover crash on the Pete Domenici Highway (New Mexico Highway 136)(original link). It reported two fatalities, and eight injuries, all male, among those aboard the vehicle.

The crash was the result of a Border Patrol pursuit, the Deming, New Mexico Headlight reported:

The Border Patrol confirmed in a statement that its agents initiated a traffic stop shortly before the crash on suspicion it was involved in human trafficking. The agency said the driver lost control of the vehicle “within seconds.”

The suspected smuggling is under investigation by Homeland Security Investigations while the accident is investigated by the Doña Ana County Sheriff’s Office. The pursuit itself, meanwhile, is under review by the Office of Professional Responsibility.

— SunlandParkFire [@SunlandParkFire]. “At around 11 PM, Fire/EMS Crews Responded to a Single Vehicle Rollover near MM 6 on Pete Domenici Hwy. 8 Male Patients and 2 Male Fatalities. 2 Patients Taken by Air Ambulance to University Medical Center, 6 Transported by Ground to Other Local Hospitals. 2 Patients Critical. Https://T.Co/Cr7fyS9bcT.” Tweet. Twitter, January 9, 2023. <https://twitter.com/SunlandParkFire/status/1612386320919281666>.

— Garcia, Justin. “Two Dead, Eight Injured in Sunland Park Crash.” Las Cruces Sun-News. January 9, 2023. <https://www.lcsun-news.com/story/news/crime/2023/01/09/two-dead-eight-injured-sunland-park-crash/69792007007/>.

— D’Ammassa, Algernon. “Recent Border Patrol Pursuits Turn Deadly in Southern New Mexico.” Deming Headlight. January 11, 2023. <https://www.demingheadlight.com/2023/01/11/recent-border-patrol-pursuits-turn-deadly-southern-new-mexico/>.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Under ICE-HSI Investigation, Under Local Police investigation, Under OPR Investigation

Victim Classification: Single Adult

January 7, 2023

CBS News shared strong surveillance video footage taken outside an El Paso homeless shelter, showing a Border Patrol agent grabbing a migrant and slamming him to the ground. “The 38-second video, which depicts onlookers observing the incident, does not show what led up to the apprehension or subsequent events.” A CBP statement cited by CBS reported that the agency’s Office of Professional Responsibility is “reviewing the incident.”

The incident happened in the context of a large-scale arrival of migrants to El Paso, some of whom had not turned themselves in to U.S. authorities. Border Patrol agents captured vanloads of migrants during nighttime operations in and near downtown El Paso on January 3 and 4, El Paso Matters reported; NBC News shared video of Border Patrol agents’ sweeps. “You saw the damage afterward. People were crying because they separated families. It was a hard hit. It was emotional. It impacted people,” said a Colombian migrant.

— Montoya-Galvez, Camilo. “Video Shows Migrant Being Slammed to Ground during El Paso Arrest.” CBS News, January 7, 2023. <https://www.cbsnews.com/news/el-paso-migrant-arrest-border-agent-on-video/>.

— Ramirez, Cindy. “Tensions Rise, Hope Falls: Border Patrol Detains Migrants near Sacred Heart.” El Paso Matters, January 4, 2023. <http://elpasomatters.org/2023/01/04/border-patrol-detains-migrants-near-south-el-paso-texas-church/>.

— Ainsley, Julia. “Video Shows Border Agents Arresting Migrants Sleeping by Church Shelter.” NBC News, January 7, 2023. <https://www.nbcnews.com/politics/immigration/video-border-agents-police-arrest-migrants-church-shelter-rcna64718>.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Use of Force

Last Known Accountability Status: Under OPR Investigation

Victim Classification: Single Adult

October 30, 2022

Members of Border Patrol’s SWAT-style tactical unit, BORTAC, shot and killed an individual on U.S. soil near San Luis, Arizona, about 15 miles southwest of Yuma.

A CBP statement claimed that a Border Patrol remote camera operator detected six individuals crossing into the United States, one of them armed with a handgun. (Original link) After BORTAC showed up at the scene, about 300 yards from the borderline, “three agents fired their weapons, striking and killing one of the subjects,” a man, CBP reported. The agency noted that a handgun was found near the man’s body, but did not specify what provoked the agents to open fire.

Agents took four people into custody, and one fled into Mexico. The deceased man was a Mexican citizen, the Mexican consulate confirmed. “The consulate also said in a statement that the man killed was ‘allegedly the guide of the group” that crossed into the U.S.,’ according to the Tucson Sentinel.

The Sentinel added, “This is the fifth fatal incident involving Border Patrol agents in Arizona this year, and one of nearly two dozen use-of-force incidents involving agents in the Yuma Sector… and the Tucson Sector. This includes two car crashes involving smugglers, a shooting in rugged terrain in southeastern Arizona, and an incident near Douglas, Ariz. when an agent stabbed a man twice while grappling with him.”

The incident is under investigation by the FBI, the San Luis Police Department, and CBP’s Office of Professional Responsibility. The case was also referred to DHS’ Office of Inspector General, and, CBP reports, “will be reviewed by CBP’s National Use of Force Review Board at the conclusion of the investigation.”

— Ortiz, Fernie. “Border Patrol Agents Shoot and Kill Armed Migrant near Arizona-Mexico Border.” BorderReport, November 8, 2022. <https://www.borderreport.com/immigration/border-patrol-agents-shoot-and-kill-armed-migrant-near-arizona-mexico-border/>.

— U.S. Customs and Border Protection. “CBP Statement on Agent-Involved Fatal Shooting near San Luis, Arizona,” November 5, 2022. <https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-agent-involved-fatal-shooting-near-san-luis-arizona>.

— Ingram, Paul. “Border Patrol Agents Shot & Killed Armed Man near San Luis in October.” TucsonSentinel.Com, November 21, 2022. <http://www.tucsonsentinel.com/local/report//112122_bp_shooting_san_luis/>.

Sector(s): Yuma

Agency(ies): Border Patrol, BORTAC

Event Type(s): Use of Force

Last Known Accountability Status: Shared with DHS OIG, To be reviewed by Use of Force Review Board, Under FBI Investigation, Under Local Police investigation, Under OPR Investigation

Victim Classification: Mexico, Single Adult

October 14, 2022

The acting chief of Border Patrol’s Law Enforcement Operations Directorate “left his post quietly” amid allegations that he pressured subordinate female employees to perform sexual favors. As of January 2023, Tony Barker, an agent for over 20 years, was under investigation by CBP’s Office of Professional Responsibility, NBC News and the New York Times reported.

Women make up about 5 percent of Border Patrol’s workforce. During his 2021-2022 tenure as CBP commissioner, Chris Magnus told the Times, many women said they did not trust the agency’s procedures for addressing sexual misconduct: “Mr. Magnus said that several women described the process to him as pointless, especially when it involves complaining to a supervisor who may be close friends with the accused. ‘Too many of these guys just sort of stick together and protect each other,’ Mr. Magnus said. ‘It’s a culture of a wink and a nod.’”

— Ainsley, Julia. “Border Patrol Official Quit after Allegedly Pressuring Women for Sex, Officials Say.” NBC News, January 21, 2023. <https://www.nbcnews.com/politics/immigration/border-patrol-official-barker-resigned-allegedly-pressuring-women-sex-rcna66841>.

— Sullivan, Eileen. “Top Border Patrol Official Resigned Amid Allegations of Improper Conduct.” The New York Times, January 22, 2023, sec. U.S. <https://www.nytimes.com/2023/01/21/us/politics/top-border-patrol-official-resigned.html>.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Sexual Assault or Harassment

Last Known Accountability Status: Under OPR Investigation

Victim Classification: DHS Employee, Female

October 4, 2022

Border Patrol agents shot and killed a Mexican migrant inside the Ysleta Border Patrol station in eastern El Paso, Texas. Manuel González Morán, a 33-year-old man from Ciudad Juárez, was shot twice and pronounced dead at an El Paso hospital.

According to CBP’s release, dated October 15, 2022 (original link):

The man exited a detention cell, forced his way past an agent, and got a pair of scissors from a desk in the migrant processing area. Agents issued verbal commands, and one agent deployed an Electronic Control Weapon, which had no effect on the man. The man advanced towards two other agents with the scissors in his hand and two agents discharged their firearms, striking the assailant which successfully stopped his advance.

Agents reportedly sought to subdue González by firing a taser at him, with no apparent result. An agent or agents then shot González at close range. One bullet grazed his arm, another pierced his temple.

“A security camera in the room was not functioning at the time of the incident,” a “person with knowledge of the investigation” told the Washington Post. CBP’s Office of Professional Responsibility (OPR) “is obtaining more information regarding the operational history of the station’s video recording system,” the agency reported.

The FBI is investigating the incident, along with OPR. The DHS Office of Inspector-General was notified, and CBP’s National Use of Force Review Board will review the incident.

The FBI’s October 5, 2022 statement noted, “In 2011, Moran was arrested by the Pueblo County Sheriff’s Office in Pueblo, Colorado, on charges of attempted first-degree murder and was convicted of assault with a deadly weapon resulting in serious bodily injury. In May of 2022, Moran was paroled after serving 11-years of his 17-year sentence and was removed from the U.S. to Mexico.” (Original link)

— “Border Patrol Agents Fatally Shoot Apprehended Man after He Arms Himself, Ignores Commands and Advances towards Agents.” U.S. Customs and Border Protection, October 15, 2022. <https://www.cbp.gov/newsroom/speeches-and-statements/border-patrol-agents-fatally-shoot-apprehended-man-after-he-arms>.

— Miroff, Nick. “Border Agents Fired Fatal Shots after Migrant Grabbed Weapon, FBI Says.” Washington Post, October 6, 2022. <https://www.washingtonpost.com/national-security/2022/10/04/border-patrol-agent-fatally-shoots-migrant-us-custody/>.

— “FBI Investigative Update on the U.S. Border Patrol Agent Involved Shooting at Ysleta Border Patrol Station.” Federal Bureau of Investigation, October 5, 2022. https://www.fbi.gov/contact-us/field-offices/elpaso/news/press-releases/fbi-investigative-update-on-the-us-border-patrol-agent-involved-shooting-at-ysleta-border-patrol-station.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Use of Force

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

Victim Classification: Mexico, Single Adult

September 28, 2022

According to a January 10, 2023 CBP release, an unmarked Border Patrol vehicle and state and local police gave chase, with emergency lights on, to a pickup truck that evaded a Border Patrol checkpoint and proceeded at high speed in the vicinity of Uvalde, Texas. (Original link)

“Approximately one minute” after agents reported having “lost sight of the suspect pickup truck,” the truck was involved in a three-vehicle collision near the center of Uvalde.

The truck’s driver, Anahi Ramos, a 17-year-old female Austin resident and citizen of Mexico, and a passenger, a male citizen of Mexico, were killed. Eight other people aboard were taken to hospitals. Drivers of the other involved vehicles were taken to hospitals and “released with non-critical injuries.”

“The prevalence of police chases in the vicinity was a well-known problem in town, according to Uvalde Mayor Don McLaughlin,” the Washington Examiner reported at the time. “The town averaged two to three chases per day earlier this year, he told the National Review in March.”

The release concluded, “This incident is being investigated by the Texas Department of Public Safety and Homeland Security Investigations and is under review by the Customs and Border Protection’s Office of Professional Responsibility. Department of Homeland Security’s Office of Inspector General was also notified.”

— U.S. Customs and Border Protection. “Two Dead, Multiple Injured in Three-Vehicle Collision Following Failure to Yield Incident in Uvalde, Texas,” January 10, 2023. <https://www.cbp.gov/newsroom/speeches-and-statements/two-dead-multiple-injured-three-vehicle-collision-following>.

— Giaritelli, Anna. “Uvalde Rocked by Horrific Fatal Crash Involving Immigrant Smuggler.” Washington Examiner, September 29, 2022. <https://www.washingtonexaminer.com/news/uvalde-fatal-crash-migrant-smuggler>.

— Lynch, David. “Two Dead and 10 Hospitalized after Major Uvalde Wreck, Police Say.” kens5.com, September 8, 2022. <https://www.kens5.com/article/news/local/public-safety/uvalde-police-crash-texas/273-116f152e-b2aa-4874-a6ad-ce0e742764e7>.

Sector(s): Del Rio

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: Female, Mexico, Teen

September 10, 2022

CBP stopped updating its “@CBPWestTexas” Twitter account after an unidentified employee used it to share former Trump advisor Stephen Miller’s view that “Biden’s eradication of our border means we are no longer a Republic,” and to issue “likes” to homophobic tweets.

“The tweets do not reflect the values of this administration and our work to rebuild a humane, orderly and secure immigration system,” CBP Commissioner Chris Magnus said in a statement.

— “Border Patrol halts tweets from agency’s West Texas region” (United States: Associated Press, September 11, 2022) <https://apnews.com/article/biden-texas-donald-trump-immigration-pete-buttigieg-72a4b44c5a50f7917f9ea925b46472da>.

— Screen capture of CBP West Texas @CBPWestTexas Twitter account, September 10, 2022 <https://twitter.com/CBPWestTexas/>.

— CBP Commissioner Chris Magnus @CBPChrisMagnus on Twitter (September 10, 2022) <https://twitter.com/CBPChrisMagnus/status/1568780563099664388>.

Sector(s): El Paso Field Office

Agency(ies): CBP

Event Type(s): Insubordinate or Highly Politicized Conduct

Last Known Accountability Status: Under OPR Investigation

Victim Classification:

July 28, 2022

A Border Patrol and Cochise County, Arizona Police pursuit of a suspect vehicle ended with the pursued vehicle crashing, killing one of the passengers, a U.S. citizen, in Benson, Arizona.

Following an off-and-on pursuit lasting more than two hours, CBP reported (original link):

A Supervisory Border Patrol Agent terminated the pursuit at approximately 3:47 p.m. due to it approaching the city of Benson.

The pursuing agent de-activated his emergency equipment and, shortly thereafter, observed an unmarked Benson Police Department vehicle ahead of him activate its emergency lights in an attempt to stop the suspect vehicle. The Border Patrol agent then reactivated his emergency lights and, almost simultaneously, the suspect vehicle collided with a GMC Yukon near the intersection of SR 90 and Village Loop.

The driver of the suspect vehicle, fleeing at excessive speed, lost control after a tire, damaged earlier by a Border Patrol vehicle immobilization device, came off entirely.

In addition to the deceased U.S. citizen passenger, the driver—also a U.S. citizen—was flown to a Tucson hospital with serious injuries. “Two undocumented migrants” aboard the vehicle were treated for “minor injuries” at the Benson Hospital. The Arizona Daily Star reported in October 2022:

The front-seat passenger in the car that crashed into Lehman died, 67-year-old Donald Childers of Tucson.

The driver, 25-year-old Elanah Tucker, was transported to Banner-University Medical Center in Tucson, with a broken femur. She was later charged with seven felonies, including first-degree murder and second-degree murder. A warrant is out for her arrest.

The driver of the GMC Yukon hit by the pursued vehicle, a U.S. citizen, “was taken to a local hospital with extensive injuries, including a broken femur, tibia and ankle,” the Star added.

CBP reported that the Arizona Department of Public Safety and ICE Homeland Security Investigations (HSI) were investigating the crash. “It is under review by CBP’s Office of Professional Responsibility and the DHS Office of Inspector General was notified.”

— U.S. Customs and Border Protection. “Man Dies in Traffic Accident After Evading Sheriff, U.S. Border Patrol,” August 5, 2022. <https://www.cbp.gov/newsroom/speeches-and-statements/man-dies-traffic-accident-after-evading-sheriff-us-border-patrol>.

— Khmara, Danyelle. “Border Patrol Pursuits, Deadly Crashes Increase in Southern Arizona.” Arizona Daily Star, October 16, 2022. <https://tucson.com/news/local/subscriber/border-patrol-pursuits-deadly-crashes-increase-in-southern-arizona/article_387cbca0-4055-11ed-b05c-7ff78bf37148.html>.

Sector(s): Tucson

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: U.S. Citizen or Resident

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. In an initial statement shared over Twitter by Border Patrol’s El Paso Sector chief, CBP had portrayed the incident as agents having “arrived on-scene of a single vehicle rollover accident.” (Original link)

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.

— Gloria Chavez [@USBPChiefEPT]. “Please See Our Statement on the Accident That Occurred This Morning in Santa Teresa, NM. Https://T.Co/Qpfs4cSr0d.” Tweet. Twitter, July 27, 2022. <https://twitter.com/USBPChiefEPT/status/1552320548977291264>.

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

June 15, 2022

The Miami Herald and the Los Angeles Times reported on Border Patrol “challenge coins,” available on eBay and elsewhere, depicting with pride the September 2021 Del Rio incident in which mounted agents charged at Haitian migrants on the banks of the Rio Grande.

“Whipping ass since 1924” and “Haitian Invasion,” reads one coin rendering the iconic September 2021 photo of a Border Patrol agent on horseback grabbing a Haitian migrant’s shirt.

These are not official items, and the coins’ tie to active-duty agents remains unclear. “These coins anger me because the hateful images on them have no place in a professional law enforcement agency,” said CBP Commissioner Chris Magnus.

CBP was investigating the coins’ origin and told the Los Angeles Times that it will send cease-and-desist letters “to vendors who produce unauthorized challenge coins using a CBP trademarked brand.”

Andy Christiansen, a Utah-based vendor, told National Public Radio “that he still has about 20 coins left and intends on putting them up for sale again.” Christiansen said he did not produce the coins: he purchased them as part of a box of coins that was lost or damaged in shipping and put up for auction. Christiansen said that his stock was “flying off the shelf” and that one coin’s auction price rose to $500.

— Michael Wilner, Jacqueline Charles, “Border Patrol Investigating Coin Memorializing Treatment of Haitian Migrants in del Rio” (Miami: The Miami Herald, June 15, 2022) https://www.miamiherald.com/news/nation-world/world/americas/haiti/article262498842.html.

— Hamed Aleaziz, “Coins Depicting Border Patrol Agent Grabbing Haitian Migrant Trigger Investigation” (Los Angeles: The Los Angeles Times, June 16, 2022) https://www.latimes.com/world-nation/story/2022-06-16/coins-border-patrol-haitian-immigrants.

— Jaclyn Diaz, “Ebay Seller Says Coins Depicting Haitian Migrant Incident at Border May Be Sold Again” (National Public Radio, June 20, 2022) https://www.npr.org/2022/06/17/1105901312/ebay-seller-challenge-coins-border-patrol-horseback-haiti-migrants-mexico.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Insubordinate or Highly Politicized Conduct, Unethical Off-Duty Behavior

Last Known Accountability Status: Under OPR Investigation

Victim Classification:

May 24, 2022

In circumstances that remain to be clarified, an unnamed Border Patrol agent killed a Mexican migrant in Douglas, Arizona after midnight (original link). Abigail Roman Aguilar, 32, from Chiapas, Mexico, died of stab wounds to the upper chest (“sharp force injuries of the trunk”), according to the Pima County Medical Examiner, which ruled the death a homicide on June 17, 2022. The Medical Examiner’s report also noted blunt force injuries to Aguilar’s head, trunk, and extremities (original link).

The Arizona Daily Star reported on June 18:

On May 24, Aguilar was admitted to the Copper Queen Community Hospital in Douglas with face and lip injuries following a barb wire incident while running from the United States Border Patrol, the autopsy report said. After he was discharged from the hospital, he was reportedly involved in an altercation with a Border Patrol agent, who ultimately stabbed Aguilar with a knife.

The May 24 incident is under FBI investigation, and being reviewed by CBP’s Office of Professional Responsibility, after which it is to go to CBP’s National Use of Force Review Board. In an e-mail to the Arizona Republic, a spokesperson for the FBI Phoenix office said only that its investigation into an “assault on a federal officer” was ongoing.

This is the second agent-involved killing near Douglas since February 19, when Agent Kendrek Bybee Staheli shot and killed Mexican migrant Carmelo Cruz-Marcos.

— “Statement-Use of Force Incident-Douglas, AZ” (Tucson: Customs and Border Protection, May 24, 2022) https://www.cbp.gov/newsroom/speeches-and-statements/statement-use-force-incident-douglas-az.

— Clara Migoya, “1 dead in Douglas after ‘use of force’ confrontation with Border Patrol” (Arizona: Arizona Republic, May 25, 2022) https://www.azcentral.com/story/news/politics/border-issues/2022/05/25/1-dead-douglas-after-confrontation-border-patrol-agent/9926410002/.

— Jamie Donnelly, “Report: Migrant stabbed to death by Border Patrol agent in Douglas” (Tucson: Arizona Daily Star, June 18, 2022) https://tucson.com/news/local/crime-and-courts/report-migrant-stabbed-to-death-by-border-patrol-agent-in-douglas/article_dcf55a68-ef32-11ec-b15a-17f8ed410de1.html.

— Mary Coleman, Tweet from Mary Coleman KOLD @Mary_reports (Twitter, June 17, 2022) https://twitter.com/Mary_reports/status/1537902526128721927.

— Gloria Rebecca Gomez, Angela Cordoba Perez, Clara Migoya, “Autopsy report determines migrant was stabbed to death by CBP agent in Douglas” (Phoenix: Arizona Republic, June 22, 2022) https://www.azcentral.com/story/news/local/arizona/2022/06/22/autopsy-report-migrant-stabbed-death-cbp-agent-douglas/7684477001/.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Use of Force

Last Known Accountability Status: Under FBI Investigation, Under OPR Investigation

Victim Classification: Mexico, Single Adult

May 14, 2022

Two CBP officers fired gunshots at a vehicle during a southbound traffic inspection at the Bridge of the Americas port of entry in El Paso, Texas.

“While attempting to inspect a vehicle, a driver made an abrupt movement, at which point the officers perceived a threat to themselves and fired at the driver who fled from the inspection area at a high rate of speed and crossed into Mexico,” a CBP spokesperson e-mailed the El Paso Times.

Mexican authorities later found the vehicle in Ciudad Juárez. The incident is under investigation by CBP’s Office of Professional Responsibility.

— Daniel Borunda, “CBP officers in El Paso fire at vehicle in border shooting on the Bridge of the Americas” (El Paso: El Paso Times, May 15, 2022) https://www.elpasotimes.com/story/news/crime/2022/05/15/el-paso-shooting-bridge-americas-cbp-border-mexico/9785893002/.

Sector(s): El Paso Field Office

Agency(ies): Office of Field Operations

Event Type(s): Use of Force

Last Known Accountability Status: Under OPR Investigation

Victim Classification:

March 7, 2022

Border Patrol agents’ pursuit of a pickup truck ended in a rollover crash that killed two people and seriously injured four along Interstate 19 in Amado, Arizona, between Tucson and Nogales. (Original link) CBP reported that a Border Patrol agent driving an unmarked vehicles was responding to a camera operator’s report of migrants being loaded into a truck, when the agent spotted the pickup and sought to pull it over. “The driver of the pickup truck failed to yield to the Border Patrol agent’s emergency equipment and a vehicle pursuit ensued.”

The Tucson Sentinel reported:

During the chase, the truck ran off the frontage road, rolled, and smashed into several trees, ejecting people from the bed, said a spokesman for the Arizona Department of Public Safety.

The driver and one passenger were pronounced dead at the scene, and four other passengers were transported to the hospital with serious to life-threatening injuries, DPS said.

The deceased driver was a male U.S. citizen. The deceased passenger was a male Mexican citizen. Both died of “blunt force trauma.”

CBP reported, “This incident is being investigated by Arizona Department of Public Safety and Homeland Security Investigations, and is being reviewed by U.S. Customs and Border Protection’s Office of Professional Responsibility.”

— U.S. Customs and Border Protection. “Two Dead and Several Injured Following Rollover Crash Near Amado, Arizona,” March 17, 2022. <https://www.cbp.gov/newsroom/speeches-and-statements/two-dead-and-several-injured-following-rollover-crash-near-amado>.

— Ingram, Paul. “2 Killed in Rollover Crash during Border Patrol Chase South of Tucson.” Tucson Sentinel. March 9, 2022. <http://www.tucsonsentinel.com/local/report//030922_fatal_bp_crash/>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Under ICE-HSI Investigation, Under Local Police investigation, Under OPR Investigation

Victim Classification: Mexico, Single Adult

February 19, 2022

News reporting datelined February 20 and 21 pointed to Border Patrol personnel shooting a migrant to death in an incident on the night of February 19, on a desert trail about 30 miles northeast of Douglas, Arizona. In a February 23 statement, CBP confirmed that as two Border Patrol agents were intercepting a group of migrants, one of the agents followed a migrant who attempted to escape and, “while taking him into custody discharged his firearm fatally wounding the migrant, tentatively identified as a citizen of Mexico” (original link). The agents were later identified as Kendrek Bybee Staheli, who fired the weapon, and Tristan Tang.

On the evening of February 24, the Cochise County, Arizona Sheriff’s Department posted a statement conveying the agent’s claims that 32-year-old Carmelo Cruz-Marcos, of Puebla, Mexico, resisted capture “then ran approximately six feet away before picking up a large rock and turning back towards the agent making a throwing motion with the hand that held the rock.” The agent then “fired his weapon an unknown number of times as he was in fear for his life and safety” (original link).

The agents requested medical assistance and Cruz-Marcos’s body was airlifted out the next day. As of February 24, 2022, the Cochise County Sheriff was investigating the shooting, as was the Pima County (Tucson area) Medical Examiner’s Office. The Medical Examiner determined that Cruz-Marcos died of multiple gunshot wounds. CBP notified the Mexican consulate, which confirmed that the decedent was a Mexican citizen. CBP reported that its Office of Professional Responsibility (OPR) was also reviewing the incident, as would CBP’s National Use of Force Review Board.

Investigators must determine whether the shooting was truly an act of self-defense or otherwise fell within CBP’s use of force guidelines, which prohibit using firearms “in response to thrown or launched projectiles unless the officer/agent has a reasonable belief, based on the totality of circumstances, that the subject of such force poses an imminent danger of serious bodily injury or death” (original link).

“There are multiple red flags in this investigation” so far, a February 23 statement from the Southern Border Communities Coalition (SBCC) contended. It noted that the Cochise County Sheriff’s Office (CCSO) disclosed on February 19 that Border Patrol had killed a migrant, then “removed that statement in subsequent press releases.” SBCC adds:

Instead of the CCSO processing the scene immediately, they waited a day. Even though the other migrants in the area were taken by agents to a Border Patrol station right away, CCSO did not recover the body of the deceased migrant until the following day. The CCSO does not appear to have collected any forensic evidence at all until the next day, including from the agent involved (clothing, fingerprints, ballistics or any other relevant evidence). Instead, they ceded the incident area to border agents who could have tampered with the scene.

SBCC has spearheaded an effort to shed light on Border Patrol’s Critical Incident Teams (BPCITs), secretive units that often arrive quickly at scenes of possible use-of-force violations like this one. The teams allegedly have a record of interfering with investigations and seeking to build narratives that might exonerate the Border Patrol agents involved.

In April 2022, the Los Angeles-based law firm Karns & Karns, LLP announced that it would be representing Carmelo Cruz-Marcos’s family in a federal tort claim—a precursor to a lawsuit—against Border Patrol. The claim appears to confirm that a Border Patrol Critical Incident Team took part in the investigation. The Tucson Sentinel reported that SBCC and the law firm “argued that the agents ‘prevented’ Cochise County officials from ‘immediately accessing the scene to conduct their own investigation.'”

The Cochise County Sheriff’s Office report on the incident, shared by the Intercept in May 2022, confirms that a Critical Incident Team was on the scene after the shooting. It also cites an English-speaking migrant who had accompanied Cruz-Marcos. That witness claims that he heard Agent Staheli shout “This is America motherf—” shortly before shots were fired. He also alleged that “Agent Tang had told Agent Staheli ‘it would all be ok and that he had his back.’ Carlos further said he heard Agent Tang tell Agent Staheli that he should say he was attacked with a rock.”

“Witnesses to the shooting say Carmelo was never a threat to any Border Patrol agent,” read a news release from the law firm. “The family is demanding an independent investigation of the incident by the FBI and an outside agency that can verify the evidence and facts.”

In a May 6 letter to the Cochise County Sheriff’s Department, Cochise County Attorney Brian McIntyre found insufficient evidence to contradict Agent Staheli’s account of the shooting, declining to move forward with a prosecution.

Five members of the group that traveled with Cruz-Marcos later said they were held in detention for a month and a half as witnesses to the shooting. They reported that CBP did not return their money or identification documents.

— “CBP Statement on Agent-Involved Fatal Shooting near Douglas, Ariz.” (Washington: U.S. Customs and Border Protection, February 23, 2022) https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-agent-involved-fatal-shooting-near-douglas-ariz.

— “Sheriffʼs Office Investigates Agent Involved Incident” (Cochise County: Cochise County Sheriff’s Office, February 24, 2022) https://www.facebook.com/CochiseSO/posts/323152363179815.

— “US border agent kills man on rugged trail in Arizona” (Douglas: Associated Press, February 21, 2022) https://apnews.com/article/shootings-arizona-border-patrols-de7f3334b7a06e422d1a4de77dda1354.

— “Migrant killed by Border Patrol agent in Arizona, sheriff’s office says” (Cochise County: Fox 10 Phoenix, February 20, 2022) https://www.fox10phoenix.com/news/undocumented-immigrant-killed-by-border-patrol-agent-in-arizona-sheriffs-office-says.

— Paul Ingram, “Migrant killed by Border Patrol agent died from ‘multiple gunshot wounds'” (Tucson: Tucson Sentinel, February 23, 2022) https://www.tucsonsentinel.com/local/report/022222_bp_shooting/migrant-killed-by-border-patrol-agent-died-from-multiple-gunshot-wounds/.

— CBP Use of Force Policy (Washington: U.S. Customs and Border Protection, January 2021) https://www.cbp.gov/sites/default/files/assets/documents/2021-Jul/cbp-use-of-force-policy_4500-002A.pdf.

— “Recent Killing By Border Patrol Another Example of Compromised Investigations and Possible Cover-Up” (Southern Border Communities Coalition, February 23, 2022) https://www.southernborder.org/recent_killing_by_border_patrol_another_example_of_compromised_investigations_and_possible_cover-up.

— Paul Ingram, “Family of man killed by BP agent near Douglas demands probe, may pursue lawsuit” (Tucson: The Tucson Sentinel, April 12, 2022) https://www.tucsonsentinel.com/local/report/041222_bp_shooting_probe/family-man-killed-by-bp-agent-near-douglas-demands-probe-may-pursue-lawsuit/.

— Paul Ingram, “Border Patrol’s forensic teams being eliminated after ‘cover up’ allegations” (Tucson: Tucson Sentinel, May 6, 2022) https://www.tucsonsentinel.com/local/report/050622_critical_incident_teams/border-patrols-forensic-teams-being-eliminated-after-cover-up-allegations/.

— Danyelle Khmara, “No charges in fatal shooting by Border Patrol agent in Arizona” (Tucson: Arizona Daily Star, May 10, 2022) https://tucson.com/news/local/border/no-charges-in-fatal-shooting-by-border-patrol-agent-in-arizona/article_00e44308-cfbc-11ec-8249-fb2c6862d456.html.

— “Office Report for Incident 22-03910” (Cochise County: Cochise County Sheriff, March 2022) https://www.documentcloud.org/documents/22005859-cochise-county-sheriff-investigation-into-border-patrol-killing-of-cruz-marcos.

— Ryan Devereaux, “‘This Is America Motherfucker’: Witnesses Describe Border Patrol Killing of Mexican Migrant” (United States, The Intercept, May 12, 2022) https://theintercept.com/2022/05/12/border-patrol-migrant-killing-coverup/.

Sector(s): Tucson

Agency(ies): Border Patrol, Critical Incident Teams

Event Type(s): Use of Force

Last Known Accountability Status: Lawsuit or Claim Filed, Under Local Police investigation, Under OPR Investigation

Victim Classification: Mexico, Single Adult

December 12, 2021

A CBP officer fired four times at a Mercedes sedan approaching the San Ysidro Port of Entry “at a high rate of speed” along with a Ford SUV, CBP reported (original link). The sedan collided with the SUV.

Aboard the vehicles were 18 undocumented migrants from Russia. Two occupants of the Mercedes “suffered minor head contusions.” No injuries resulted from the gunfire. “There were 12 people in the first car, including five children ages 5 and under. The second car had six people, including two children ages 10 and 14,” the San Diego Union-Tribune reported.

CBP arrested both vehicles’ drivers, who were also Russian asylum seekers.

As of December 14, CBP reported, the use-of-force incident was being investigated by the San Diego Police Department and CBP’s Office of Public Responsibility. The incident, it read, would also be reviewed by CBP’s National Use of Force Review Board.

The Union-Tribune’s February 5, 2022 coverage sought to follow up on the investigation:

The CBP Use of Force Policy Handbook says that guns should not be used to stop moving cars [(original link)]. The Union-Tribune asked San Diego police for an update on the investigation into the incident but did not receive a response in time for publication.

— “CBP Statement on Shots Fired at San Ysidro Port of Entry” (Washington: Customs and Border Protection, December 14, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-shots-fired-san-ysidro-port-entry.

— Kate Morrissey, “CBP staffs up border line as asylum seekers try to reach U.S. soil by driving across” (San Diego: San Diego Union-Tribune, February 5, 2022) https://www.sandiegouniontribune.com/news/immigration/story/2022-02-05/cbp-border-asylum-seekers-cars.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

Event Type(s): Use of Force

Last Known Accountability Status: Under Local Police investigation, Under OPR Investigation

Victim Classification: Accompanied Child, Russia, Single Adult

December 3, 2021

Agents in two Border Patrol vehicles pursued a Ford F-150 pickup truck they suspected of carrying undocumented migrants near Encino, Texas, about 51 miles north of the border. The truck refused to pull over.

Agents alerted Texas Department of Public Safety (DPS, highway police). A DPS officer, accompanied by two Border Patrol agents, deployed a vehicle immobilization device. The driver sought to avoid it but struck solar panels near the roadside and rolled over.

“An occupant of the F-150, a male citizen of Mexico, was ejected from the vehicle when it rolled over,” CBP reported (original link). The man was pronounced dead at the scene.

As of December 6, 2021, the incident was being investigated by the Texas DPS and reviewed by CBP’s Office of Professional Responsibility and the Starr County, Texas Justice of the Peace. The DHS Office of Inspector-General was also notified.

— “CBP statement on death of Mexican man after he was ejected from a vehicle following failure to yield near La Gloria, Texas” (Washington: U.S. Customs and Border Protection, December 6, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-death-mexican-man-after-he-was-ejected-vehicle.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

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

Victim Classification: Mexico, Single Adult

October 28, 2021

Five Border Patrol agents pursued three suspected undocumented migrants through a flat field during pre-dawn hours near Eagle Pass, Texas. The migrants “ran from the field toward some nearby thick brush attempting to evade apprehension,” CBP reported (original link).

Agents caught one migrant, but the other two “ran and fell off a steep cliff that was concealed by the thick brush.” One was critically injured; the other, a citizen of Honduras, died on the scene.

As of October 30, 2021, this incident was being reviewed by the Maverick County, Texas Sheriff’s Office; the Webb County, Texas Medical Examiner’s Office; and CBP’s Office of Professional Responsibility. The DHS Office of Inspector General was also notified.

— “One migrant dies; a second critically injured after fall from cliff in Eagle Pass, TX” (Washington: U.S. Customs and Border Protection, October 30, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/one-migrant-dies-second-critically-injured-after-fall-cliff-eagle.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Fatal Encounter

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

Victim Classification: Honduras, Single Adult

September 18, 2021

Border Patrol agents in two vehicles pursued an Acura SUV that circumvented the Border Patrol tactical checkpoint in Deming, New Mexico. The driver “lost control and crashed,” a CBP release reported (original link). “Multiple occupants were ejected from the vehicle, which caught on fire.”

A female citizen of Ecuador was pronounced dead at the scene. At least seven more individuals were hospitalized. One, a male citizen of Brazil, “succumbed to his injuries on September 27, 2021.”

“This incident is being investigated by Homeland Security Investigations and the New Mexico State Police and reviewed by the U.S. Customs and Border Protection Office of Professional Responsibility and the New Mexico Office of the Medical Investigator,” CBP reported. “The Department of Homeland Security Office of Inspector General was also notified of the incident.”

— “Multiple migrants airlifted to hospital, one deceased” (Washington: U.S. Customs and Border Protection, September 21, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/multiple-migrants-airlifted-hospital-one-deceased.

— Bill Armendariz, “1 dead, 9 injured in rollover near Luna County Border Patrol checkpoint” (Deming: Deming Headlight, September 19, 2021) https://www.demingheadlight.com/story/news/2021/09/19/1-dead-9-injured-rollover-near-luna-county-border-patrol-checkpoint/8413349002/.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

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

Victim Classification: Brazil, Ecuador, Female, Single Adult

September 14, 2021

The DHS Inspector General completed an unpublished report, obtained in part and revealed in February 2022 by ProPublica and El Paso Matters, sharing findings about the May 2019 in-custody death of Carlos Gregorio Hernández Vásquez (original link). As the journalistic outlets put it, the victim, a 16-year-old unaccompanied Guatemalan migrant, “died of the flu after writhing on the floor of his cell” in the Weslaco, Texas Border Patrol station.

Hernández had a 103-degree fever, tested positive for influenza, and a nurse practitioner had instructed agents in writing “that he should be checked again in two hours and taken to the emergency room if his condition worsened.” Only one medical staff person was on overnight duty at the Weslaco Station, which was being used as a makeshift sick ward and had “60-70” flu patients among 210 ill detainees at the time. Agents logged regular “welfare checks” on the boy, but video footage of his cell showed no evidence of checks during a period of nearly four and a half hours.

The log entries were false, the Inspector-General’s report determined. The lead agent told Inspector General investigators that he made hourly checks of the cell, but

added that at that time, it was impossible for him to conduct welfare checks on 300 to 350 detainees every hour. According to [redacted] common practice, Team Leads check the “select all” tab in the [redacted] system and press enter, reporting all detainees received an hourly welfare check.

“Falsifying federal records to impede administration of an agency’s function is a crime,” ProPublica and El Paso Matters point out. “But the U.S. Attorney’s Office for the Southern District of Texas declined to prosecute anyone in Hernandez’s death, the report said.” The report did not specify whether anyone involved in Hernández’s case had been disciplined. CBP “declined to comment on whether any agents have faced discipline stemming from Hernandez’s death or whether any changes had been made as a result of the inspector general report,” noting that it is continuing an internal investigation of the nearly three-year-old case.

On July 20, 2021, the DHS Inspector-General had reported that, in 98 cases examined of ill people in custody, “CBP could not always demonstrate staff conducted required medical screenings or consistent welfare checks” (original link).

— Report of Investigation, Carlos Gregorio Hernandez-Vasquez, U.S. Border Patrol Weslaco Station, Weslaco, Texas (Washington: DHS Office of Inspector General, September 14, 2021) https://www.documentcloud.org/documents/21196072-dhs-oig-report-carlos-hernandez-vasquez.

— Robert Moore, “Internal Investigation Confirms Border Patrol Failures Leading Up to a 16-Year-Old’s Death on the Floor of His Cell” (ProPublica and El Paso Matters, February 8, 2022) https://elpasomatters.org/2022/02/08/internal-investigation-confirms-border-patrol-failures-leading-up-to-a-16-year-olds-death-on-his-cell-floor/.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Medical Care, Lying or Deliberate Misleading

Last Known Accountability Status: DHS OIG investigation Closed, Under OPR Investigation, Unknown

Victim Classification: Guatemala, Medical Condition, Unaccompanied Child

August 7, 2021

For nearly an hour, Border Patrol vehicles, aided by CBP and National Guard helicopter surveillance, pursued a jeep that circumvented a checkpoint near Tucson.

A CBP release described how this pursuit ended in a fatal crash on a major interstate highway (original link).

With the assistance of air support, BPAs [Border Patrol agents] located the vehicle on I-10. At approximately 7:57 PM, a BPA attempted to stop the Jeep Liberty by deploying a Vehicle Immobilization Device (VID) on I-10, approximately 39 miles northwest of Tucson near Picacho Peak. The driver of the Jeep Liberty lost control, crossed the median and struck a tractor trailer in the eastbound lanes of travel. As a result of the impact, the vehicle traveled back into the median and caught fire. BPAs immediately requested emergency medical services (EMS), pulled several occupants from the vehicle, and rendered aid. There was a total of eleven occupants in the vehicle, to include two unidentified individuals who were declared deceased on the scene.

A third passenger in the jeep crash died after being transported to a hospital.

“This incident is being investigated by Homeland Security Investigations, the Arizona Department of Public Safety and reviewed by the U.S. Customs and Border Protection Office of Professional Responsibility,” read CBP’s release. “The Department of Homeland Security Office of Inspector General was notified of the incident.”

It was the second Border Patrol pursuit ending in a fatal crash in four days. Two people died in a crash following an August 3, 2021 chase in New Mexico.

— “CBP Statement – Three fatalities in Arizona motor vehicle accident” (Washington: CBP, August 9, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-three-fatalities-arizona-motor-vehicle-accident.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

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

Victim Classification: Single Adult

August 3, 2021

An August 25 letter to Customs and Border Protection (CBP) from the American Civil Liberties Union (ACLU) of New Mexico and the ACLU of Texas described an August 3 Border Patrol vehicle pursuit that led to two fatalities in New Mexico.

Early in the morning of August 3, 2021, a Border Patrol agent assigned to the Las Cruces, New Mexico, U.S. Border Patrol Station was reportedly patrolling New Mexico State Road 185 approximately six miles south of the Border Patrol checkpoint, which is located approximately 69 miles north of the U.S.-Mexico border. According to CBP, the agent witnessed a northbound vehicle pull to the side of the road and then proceed north. The Border Patrol agent reportedly followed the vehicle without activating his emergency equipment.

The vehicle reportedly evaded the Border Patrol checkpoint by driving onto the southbound lanes of New Mexico State Road 185 and then continued north, at which time the Border Patrol agent activated his emergency equipment and attempted to stop the vehicle. Another Border Patrol unit also reportedly pursued the vehicle.

Approximately three miles north of the Border Patrol checkpoint, the vehicle crashed. Several occupants were ejected from the vehicle. The agency’s statement simply claims “the driver lost control and crashed,” but does not indicate the location or conduct of Border Patrol agents’ vehicles immediately preceding the crash.

A CBP release, issued two weeks later, reported that one passenger aboard the vehicle, a male citizen of Ecuador, died (original link). The vehicle’s driver, a male U.S. citizen, died of his injuries 12 days after the crash. Eight other passengers were hospitalized.

“This incident is being investigated by Homeland Security Investigations, the New Mexico State Police, and reviewed by the U.S. Customs and Border Protection Office of Professional Responsibility and the El Paso County Office of the Medical Examiner,” CBP’s release continued. “The U.S. Department of Homeland Security Office of Inspector General was also notified.”

It was the first of two Border Patrol pursuits ending in fatal crashes in four days. Three people died in a crash following an August 7, 2021 chase in Arizona.

This incident would be featured in a January 10, 2022 front-page New York Times story about Border Patrol vehicle pursuit tactics. The Times account included the role of Border Patrol’s secretive Critical Incident Teams (BPCITs), which advocates accuse of having helped to frustrate investigations into abuses committed by agents:

Body camera footage from a state police officer captured one of the Border Patrol agents saying: “Our critical incident team is coming out. They’ll do all the crime scene stuff—well, not crime scene, but critical incident scene.” The agent said that he and his colleague would give statements to the team, which it would share with the police.

On June 7, 2022, the ACLU of Texas and ACLU of New Mexico confirmed that Border Patrol Critical Incident Team personnel were at the scene of the crash within about an hour. Through state-level public records requests, the ACLU obtained the first-ever publicly available copy of a BPCIT incident report. The 162-page document “raises more questions than it answers,” the organization observed (original link). It pointed out several inconsistencies in the BPCIT report’s findings, including its descriptions of the distance at which the Border Patrol vehicle was following, when it activated its lights and sirens, whether “spike strips” were used to disable the pursued vehicle, and even the number of miles over which the chase took place.

The quality of the incident report, the ACLU offices concluded, raises concerns about CBP’s plan to terminate the BPCITs by absorbing their personnel into CBP’s Office of Public Responsibility (OPR) by the end of September 2022. “While OPR is tasked with conducting independent and impartial investigations, confidence in their results is wholly undermined by the involvement of Border Patrol’s CITs as investigators.”

Times reporter Eileen Sullivan identified the vehicle’s driver: 25-year-old Erik A. Molix, who was transporting nine undocumented migrants in a sport utility vehicle. Agents chased him at speeds reaching 73 miles per hour. A Border Patrol vehicle clipped Molix’s SUV, sending it tumbling off the road.

One of the surviving migrants aboard Molix’s SUV told Al Jazeera that, after Molix initially fled a Border Patrol vehicle:

“the agent rammed the rear of the SUV. …I remember that as soon as they hit us in the back, this coyote grabbed the wheel like he was driving a Ferrari.… I stared at the speedometer and saw we were going like a hundred and something. The car was even shaking. And right when I got up, I felt the Border Patrol hit us again, and that’s where I lost consciousness.”

Reporting in December 2022, Al Jazeera’s Mark Scialla stated that “this is the first time” that the migrant, Honduran citizen Lesvin Gámez, had shared his story. “The Border Patrol never contacted him to explain what had happened nor asked for his account. His story runs contrary to the Border Patrol’s version of events and raises questions about the involvement of” the Border Patrol Critical Incident Team.

Molix’s mother, a 5th-grade teacher in El Paso, found out about her son’s death from a CBP news release. While he may have been doing something illegal, she told the Times, “That doesn’t mean you have to die for it.”

The ACLU’s August 2021 letter called on CBP to carry out “robust and independent investigations” into the pursuit incident, and that the agency publicly release its written vehicle pursuit policy and review whether Border Patrol agents deviated from it during the August 3 chase.

CBP made its vehicle pursuit policy public, in redacted form, for the first time in November 2021 (original link). On May 24, 2022, the Associated Press reported that CBP Commissioner Chris Magnus “developing a new policy for vehicle pursuits with an eye toward increasing safety.”

— Rebecca Sheff, Shaw Drake, “CBP’s Vehicle Pursuit Policy and Border Patrol’s Deadly Pursuit of a Vehicle on August 3, 2021 near Las Cruces, New Mexico” (New Mexico and Texas: ACLU of New Mexico, ACLU of Texas, August 25, 2021) https://www.aclutx.org/sites/default/files/aclu_letter_to_cbp_re_las_cruces_vehicle_pursuit.pdf.

— “Smuggler loses control of vehicle while evading checkpoint, causing a death and injuries to ejected passengers” (Las Cruces: CBP, August 17, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/smuggler-loses-control-vehicle-while-evading-checkpoint-causing.

— Eileen Sullivan, “A Rise in Deadly Border Patrol Chases Renews Concerns About Accountability” (New York: The New York Times, January 9, 2022) https://www.nytimes.com/2022/01/09/us/politics/border-patrol-migrant-deaths.html.

— Emergency Driving Including Vehicular Pursuits by U.S. Customs and Border Protection Personnel (Washington: CBP, January 16, 2021) https://www.cbp.gov/sites/default/files/assets/documents/2021-Nov/CBP-directive-emergency-driving-Including-vehicular-pursuits-us-cbp-personnel-redacted.pdf.

— Elliot Spagat, “Border agency plans vehicle pursuit policy to raise safety” (Donna: Associated Press, May 24, 2022) https://apnews.com/article/politics-us-customs-and-border-protection-texas-law-enforcement-agencies-694e39abaca42abbee4f1093484b9b76.

— Shaw Drake, Rebecca Sheff, “Border Patrol is Investigating Itself Following Deaths, Report Reveals” (Texas and New Mexico, ACLU of Texas and ACLU of New Mexico, June 7, 2022) https://www.aclu.org/news/immigrants-rights/border-patrol-is-investigating-itself-following-deaths-report-reveals.

— Report as prepared by EPT CIT including all facts pertaining to the case listed above (El Paso: U.S. Border Patrol, 2021) https://www.documentcloud.org/documents/22016802-us_cbp_final_report_redacted.

— Scialla, Mark. “‘Hurting People’: The ‘Cover-up Teams’ Operating on the US Border,” December 12, 2022. <https://www.aljazeera.com/features/2022/12/12/the-cover-up-teams-operating-on-the-us-border>.

Sector(s): El Paso

Agency(ies): Border Patrol, Critical Incident Teams

Event Type(s): Vehicle Pursuit

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

Victim Classification: Ecuador, Single Adult, U.S. Citizen or Resident