280 Records of Alleged Abusive or Improper Conduct where the accountability status is “Unknown”

August 1, 2022

Data obtained by the Cato Institute show that, since the COVID-19 pandemic began, CBP personnel have used the Title 42 health provision to expel thousands of families with toddlers and babies into Mexico in the post-midnight hours, despite safety risks. The statistics “show that as of May 31, CBP had used its Title 42 ‘health’ authority to expel 30,806 children ages 3 and under—with about 41 percent of these expulsions occurring at midnight or later,” noted a blog post from Cato’s associate director of immigration studies, David Bier.

Under normal circumstances, CBP’s repatriation agreements with Mexico prohibit removals to Mexican border towns between 10:00 PM and 5:00 AM, except under emergency circumstances. Title 42 expulsions have occurred without regard to these repatriation restrictions. “The Biden Administration is actually expelling more children at night than even the Trump Administration did,” Cato noted.

— David J. Bier, “CBP Is Expelling Thousands of Infants and Toddlers to Mexico After Midnight” (Washington: Cato at Liberty, August 1, 2022) https://www.cato.org/blog/cbp-expelling-thousands-infants-toddlers-mexico-after-midnight.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Dangerous Deportation, Denial of Protection to Most Vulnerable, Endangerment

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Family Unit

Late July, 2022

The Nogales, Arizona-based Kino Border Initiative (KBI) reported on August 4 that “Walter [name changed to protect privacy], a gay man from El Salvador, recently arrived at Kino after surviving an attempted murder in his country.”

On his journey, the coyote abandoned him in the desert, where he wandered alone until he was able to find BP and present himself to seek asylum. Despite explaining his situation, showing the scars from the murder attempt and explaining that he would be killed if he had to return to El Salvador, BP [Border Patrol] expelled him to Mexico.

— “August 4 update from KBI” (Nogales: Kino Border Initiative, August 4, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Protection to Most Vulnerable

Last Known Accountability Status: Unknown

Victim Classification: El Salvador, LGBTQ, Single Adult

Late July, 2022

On August 4, 2022, the Nogales, Arizona-based Kino Border Initiative (KBI) reported a significant case of non-return of migrants’ valuable belongings:

Last weekend, ICE deported a group of 12 migrants to Nogales after being detained. Every person reported that upon their encounter with BP, agents took away all their belongings and said they would return them upon arriving in Tucson, which never happened. When they arrived in Nogales, their belongings still had not been returned. Items confiscated included money (one individual lost $200 USD), wallets, phones, and jewelry with sentimental value. One person from the group shared that he witnessed a Border Patrol agent take $3,000 pesos [about US$150] from another migrant and rip it up in his face saying, “This is trash, this is of no value to you here,” before throwing the ripped bills in the trash can.

— “August 4 update from KBI” (Nogales: Kino Border Initiative, August 4, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Mexico

Late July, 2022

On August 4, 2022, the Nogales, Arizona-based Kino Border Initiative (KBI) reported the case of a migrant who had precious belongings taken from him in Border Patrol custody:

BP [Border Patrol] took Miguel’s* [name changed for privacy reasons] clothes, underwear, Mexican ID, phone, Bible and rosary. His phone contained all his family members’ phone numbers, as well as family photos. Upon deportation, he wasn’t able to contact his family until he borrowed someone else’s phone to search for them on Facebook. Though he was eventually able to make contact, he will never get his family photos back. He commented to KBI staff that although a rosary may not be of much value to some people, his faith sustained him during the journey.

— “August 4 update from KBI” (Nogales: Kino Border Initiative, August 4, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

Late July, 2022

On August 4, 2022, the Nogales, Arizona-based Kino Border Initiative (KBI) reported the consequences of Border Patrol taking a migrant’s mobile phone away from him in custody, and deporting him without it.

BP confiscated Jose’s* [name changed for privacy reasons] phone when they detained him and did not return it when they deported him to Nogales, Mexico. Since he did not have any family phone number memorized, when he arrived in Nogales, Jose had no way of contacting his family to let them know he is okay or to ask that they send money so he can return home. Although staff at Kino spent about a half hour helping José look on Facebook to try to find a family member, they could not find anyone, leaving Jose stranded in Nogales without the ability to contact family members.

Although KBI collaborates with local organizations and consulates to assist expelled individuals recover their personal belongings, when migrants’ phones are confiscated and not returned to them, it prevents Kino and other border organizations from following up with them and can prevent migrants themselves from looking up contact info for relatives or neighbors to whom their belongings can be sent.

— “August 4 update from KBI” (Nogales: Kino Border Initiative, August 4, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

July 2022

According to an October 3, 2022 letter from a coalition of Arizona-based groups led by ACLU Arizona to CBP Commissioner Chris Magnus, the AZ-CA Humanitarian Coalition “encountered an Afro-Cuban migrant whose religious artifact (a small figurine of significance in the Lukumí faith) was confiscated by Arizona Border Patrol agents.”

— Several Arizona Non-Governmental Human Rights Groups. “Letter to CBP Regarding Treatment of Migrants’ Personal Belongings,” October 3, 2022. <https://www.acluaz.org/sites/default/files/2022.10.03_letter_to_cbp_regarding_treatment_of_migrants_personal_belongings.pdf>.

Sector(s): Yuma

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Black, Cuba

July 2022

An October 3, 2022 letter from a coalition of Arizona-based groups, led by ACLU Arizona, to CBP Commissioner Chris Magnus, reports that the AZ-CA Humanitarian Coalition “encountered a man whose new laptop was confiscated by Border Patrol agents in Arizona. The laptop contained legal evidence for his asylum claim as well as all of his family photos.”

— Several Arizona Non-Governmental Human Rights Groups. “Letter to CBP Regarding Treatment of Migrants’ Personal Belongings,” October 3, 2022. <https://www.acluaz.org/sites/default/files/2022.10.03_letter_to_cbp_regarding_treatment_of_migrants_personal_belongings.pdf>.

Sector(s): Tucson, Yuma

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

July 28, 2022

The Dallas Morning News reported that Border Patrol agents appeared to be fabricating information on asylum seekers’ entry paperwork. It cited an egregious case, in the Rio Grande Valley sector, of a two-year-old toddler whose form read that he told agents he intended to travel to Dallas “to seek employment” and did not fear being returned to El Salvador.

Falsifying information on intake forms can mean swift deportation for protection-seeking migrants subject to the expedited removal process. “Immigration attorneys say instances like this aren’t uncommon and are part of a wave of expedited removals,” the Morning News reported.

— Dianne Solis, “Border agents deny entry to migrants based on interviews lawyers say are fiction” (Dallas: Dallas Morning News, July 28, 2022) https://www.dallasnews.com/news/immigration/2022/07/28/border-agents-deny-entry-to-migrants-based-on-interviews-lawyers-say-are-fiction/.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Compelling Signature of English-Language Documents, Falsification or Negligent Handling of Asylum Paperwork

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, El Salvador

July 26, 2022

A Border Patrol vehicle pursuit ended in a crash, with no fatalities, in Chula Vista, southeast of San Diego, when agents deployed a spike strip, popping a vehicle’s tires and causing its driver to veer off the road.

“The driver and front passenger were both male U.S. citizens under 18 years old,” the San Diego Union-Tribune reported. “The other five occupants, four men and one woman, were adult Mexican citizens who were in the U.S. illegally, authorities said.”

— Angelina Hicks, “Border Patrol pursuit of suspected human smugglers ends in crash in Chula Vista” (San Diego: San Diego Union-Tribune, July 27, 2022) https://www.sandiegouniontribune.com/news/public-safety/story/2022-07-27/border-patrol-pursuit-of-suspected-human-smugglers-ends-in-crash-in-chula-vista.

Sector(s): San Diego

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Unknown

Victim Classification: Female, Single Adult

July 25, 2022

Reuters and the Washington Examiner reported that CBP counted 151 “CBP-related” deaths during the 2021 fiscal year. The term refers to deaths in CBP custody, at a port of entry or checkpoint, or while trying to elude CBP personnel.

— Mica Rosenberg, Kristina Cooke, Daniel Trotta, “The Border’s Toll” (United States: Reuters, July 25, 2022) https://www.reuters.com/investigates/special-report/usa-immigration-border-deaths/.

— Anna Giaritelli, “Migrant deaths at southern border soar to new high under Biden” (Washington: Washington Examiner, July 25, 2022) https://www.washingtonexaminer.com/policy/defense-national-security/migrant-deaths-at-southern-border-soar-to-new-high-under-biden.

— Notification and Review Procedures for Certain Deaths and Deaths in Custody (Washington: U.S. Customs and Border Protection, September 22, 2021) https://www.cbp.gov/document/guidance/notification-review-procedures-for-certain-deaths-and-deaths-in-custody.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Fatal Encounter

Last Known Accountability Status: Unknown

Victim Classification:

Mid-July, 2022

The Nogales, Arizona-based Kino Border Initiative (KBI) reported on severe brutality that a Mexican man allegedly suffered at the hands of a Border Patrol agent:

Benjamín [Name changed to protect privacy] had been in the desert for 8 days when BP encountered him at 4 in the morning. He did not run, but the agent handcuffed him. When Benjamín asked for a drink of water, the BP agent threw him face down onto the ground, began kicking him and stood on the back of his head, which was pushed into a rock until his head was cut open and bleeding. The agent yelled, “If you want water, go get it in your own country! You only come here to f*ck around!” Benjamín eventually lost consciousness. When he came to, another agent sent his search dog to lick the blood from his face. BP took Benjamín to the hospital, only after he asked repeatedly for medical attention. BP then deported him to Mexico without any of his medical paperwork, which Benjamín reports an agent hid in his shirt. Upon arriving at Kino, he shared: “I’m trying to escape death in my country, only to nearly die here [in the US].”

— “July 21 update from KBI” (Nogales: Kino Border Initiative, July 21, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Use of Force

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

Mid-July, 2022

The Nogales, Arizona-based Kino Border Initiative (KBI) recorded that 10 expelled or deported “migrants reported the theft of their personal belongings while in CBP and ICE custody. Migrants who arrived at Kino after having been detained by CBP or ICE reported that these agencies robbed them of money, cell phones, and national IDs, without which, they will face challenges in finding work, accessing health care, and other services in Mexico.”

— “July 21 update from KBI” (Nogales: Kino Border Initiative, July 21, 2022).

Sector(s): Tucson

Agency(ies): CBP, ICE

Event Type(s): Confiscation of Documents, Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification:

Mid-July, 2022

Though a May 23, 2022 District of Columbia Circuit Court of Appeals ruling prohibited CBP personnel from using Title 42 to expel asylum-seeking families to places where they will be persecuted or tortured (original link), the practice continues.

The Nogales, Arizona-based Kino Border Initiative (KBI) reported the case of a Guatemalan family that was separated in Border Patrol custody after being denied a chance to ask for asylum:

Maribel [name changed to protect privacy], her husband and their 6-month-old baby fled Guatemala and presented themselves to Border Patrol near Sasabe, AZ to request asylum. The BP agent told them they would have a chance to ask for asylum later, but they were never given an opportunity to explain their situation. Instead, they were transported to Tucson, where they separated Maribel and her child from her husband, putting them in different buses to expel them to Mexico. The men’s bus arrived in Nogales first, and the non-Mexicans were detained by Mexico’s INM, to be transferred to their immigration station in Hermosillo. When Maribel arrived, she was told they could not transport her to Hermosillo, as her baby was sick. Maribel has not heard from her husband since.  Maribel’s expulsion under Title 42 led to family separation by Mexican authorities, putting her in a more vulnerable situation and creating repeated human rights violations.

— “July 21 update from KBI” (Nogales: Kino Border Initiative, July 21, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Protection to Most Vulnerable, Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Guatemala

July 18, 2022

Documents obtained by the American Civil Liberties Union (ACLU) show that CBP was among DHS agencies that purchased large amounts of location data from a contractor that harvested it from hundreds of millions of mobile phones across the United States. “In just three days in 2018, the documents show that the CBP collected data from more than 113,000 locations from phones in the Southwestern United States—equivalent to more than 26 data points per minute—without obtaining a warrant,” Politico reported. “By searching through this massive trove of location information at their whim, government investigators can identify and track specific individuals or everyone in a particular area, learning details of our private activities and associations,” the ACLU warned.

— Shreya Tewari, Fikayo Walter-Johnson, “New Records Detail DHS Purchase and Use of Vast Quantities of Cell Phone Location Data” (United States: American Civil Liberties Union, July 18, 2022) https://www.aclu.org/news/privacy-technology/new-records-detail-dhs-purchase-and-use-of-vast-quantities-of-cell-phone-location-data.

— Alfred Ng, “Homeland Security records show ‘shocking’ use of phone data, ACLU says” (Washington: Politico, July 18, 2022) https://www.politico.com/news/2022/07/18/dhs-location-data-aclu-00046208.

Sector(s): Border-Wide

Agency(ies): CBP, DHS, ICE

Event Type(s): Civil Liberties or Privacy Infringement

Last Known Accountability Status: Unknown

Victim Classification:

July 11, 2022

At least one Border Patrol agent was involved in a mid-day shooting in Calexico, California. According to the Calexico Chronicle, “at least one Border Patrol agent appeared to engage a silver-colored minivan in the westbound lanes of 98 apparently firing about six or more shots into the driver’s side front and side windows as the vehicle was wedged against a tractor-trailer rig. Among the myriad cellphone photos and video circulating social media of the scene, one of the most dramatic shows an agent with his gun drawn and the bullet hole-riddled vehicle.”

One person was injured and airlifted to a distant hospital.

A CBP spokesperson said that the vehicle had failed to yield, but then stopped at an intersection. “Shortly thereafter, the Border Patrol agent broadcasted ‘shots fired’ via his agency radio. All available agents responded to assist and remained on scene until it was determined safe and no threat to the community.”

As of mid-July, the details remain unclear. CBP stated that investigative personnel present at the scene came from the Calexico Police Department, the FBI, the DHS Inspector General, and CBP’s Office of Professional Responsibility

— Richard Montenegro Brown and Julio Morales, “Border Patrol Mum on Details of Calexico Shooting” (Calexico: Calexico Chronicle, July 11, 2022) https://calexicochronicle.com/2022/07/11/border-patrol-shooting-at-highways-111-and-98/.

Sector(s): El Centro

Agency(ies): Border Patrol

Event Type(s): Use of Force

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

July 7, 2022

On July 14, the Intercept reported on a July 7 CBP briefing memo prepared ahead of a leadership meeting with the DHS Office of Inspector General (OIG). It advises non-cooperation with the oversight agency, instructing

on how to push back against what it calls the inspector general’s ‘persistent’ request for ‘direct, unfettered access to CBP systems,’ as part of its ‘high number of OIG audits covering a variety of CBP program areas.’ In a section titled ‘Watch Out For/ If Asked,’ the memo describes a number of exemptions Customs and Border Protection can rely on to evade records requests from the inspector general’s office—including national security exemptions.

Ken Klippenstein, “Secret Service Deleted Jan. 6 Text Messages After Oversight Officials Requested Them” (United States: The Intercept, July 14, 2022) https://theintercept.com/2022/07/14/jan-6-texts-deleted-secret-service/.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Evading Oversight

Last Known Accountability Status: Unknown

Victim Classification:

June 2022

An October 3, 2022 letter from a coalition of Arizona-based groups, led by ACLU Arizona, to CBP Commissioner Chris Magnus cites a case of U.S. border authorities confiscating a child’s medication and denying medical assistance.

The ACLU of New Mexico encountered a woman who was detained by Border Patrol agents in El Paso with her two children. Her five-year-old daughter has epilepsy and takes medication three times a day and follows a strict dietary regimen. Once she was detained by CBP, her daughter’s medications were taken away, and the family was refused any medical assistance until later that night, after her daughter began convulsing. Her daughter was taken from CBP custody to the University Medical Center (UMC) in El Paso where she stayed for two days. Doctors at UMC prescribed medications for four months, as well as Enfamil and PediaSure nutrition drinks for approximately one month. Once the child returned to CBP detention, CBP agents withheld the medicine and meal supplements prescribed by UMC staff. The mother was unable to obtain medication for her child until they were released to a shelter in Las Cruces, New Mexico, where her child once again had convulsions. While at the shelter, her child received medical care and medication.

— Several Arizona Non-Governmental Human Rights Groups. “Letter to CBP Regarding Treatment of Migrants’ Personal Belongings,” October 3, 2022. <https://www.acluaz.org/sites/default/files/2022.10.03_letter_to_cbp_regarding_treatment_of_migrants_personal_belongings.pdf>.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Denial of Medical Care, Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child

June 2022

An October 3, 2022 letter from a coalition of Arizona-based groups, led by ACLU Arizona, to CBP Commissioner Chris Magnus cites a case of a Border Patrol agent allegedly stealing a migrant’s cash.

The ACLU of New Mexico encountered a woman who reported that the attending Border Patrol agent confiscated her wallet containing $240, slid the money into his pocket, and then returned the wallet. When she asked the agent where the money was, he changed the subject and told her not to worry since, “you have a very good case and will be approved to stay.”

— Several Arizona Non-Governmental Human Rights Groups. “Letter to CBP Regarding Treatment of Migrants’ Personal Belongings,” October 3, 2022. <https://www.acluaz.org/sites/default/files/2022.10.03_letter_to_cbp_regarding_treatment_of_migrants_personal_belongings.pdf>.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Female

June 24, 2022

A high-speed vehicle pursuit of a suspected migrant smuggler near Otay Mesa, east of San Diego, California, ended with two men suffering “major injuries” and a Border Patrol agent suffering minor injuries, after both vehicles went off the roadway and crashed into an embankment.

— Doug Aguillard, “Border Patrol Agent & Two Immigrants Injured in Pursuit Crash” (United States: OnScene.tv, June 24, 2022) https://onscene.tv/border-patrol-agent-two-immigrants-injured-in-pursuit-crash-san-diego/.

Sector(s): San Diego

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Mid-June, 2022

Though a May 23, 2022 District of Columbia Circuit Court of Appeals ruling prohibited CBP personnel from using Title 42 to expel asylum-seeking families to places where they will be persecuted or tortured (original link), the practice continues, the Nogales, Arizona-based Kino Border Initiative (KBI) reports.

* Pablo [name changed to protect privacy], a Nicaraguan man traveling with his daughter to escape political persecution in their country, crossed into the US last week to seek asylum. Border Patrol threw away their toiletries, food and other personal items, and expelled them to Nogales, Sonora without a fear assessment. Pablo was not given the chance to speak about his case to anyone. 

* Deysi left Guatemala with her six-year-old daughter about a month ago. Her mother was brutally murdered in her hometown, and the rest of her family members have already fled to the US since her mother’s death. She and her daughter attempted to cross into the US to seek asylum and were quickly detained by Border Patrol. They took down her biographical information and fingerprints, but never gave her the opportunity to explain the danger she was fleeing. 

* Several young mothers and their children from an indigenous community in Guatemala tried to cross into the US to seek asylum earlier this month. All of them spoke Mam, their indigenous language, and some spoke limited Spanish. They were detained in the desert, where Border Patrol agents confiscated their personal items like clothing and medication. When they told a Border Patrol agent that they wanted to seek asylum, the agent dismissed them and ignored their request, saying “Ustedes sabrán qué hacer” [“you’ll know what to do”].  Border Patrol told one of the women from the group that the border was closed and she would need to seek asylum in Mexico. When she shared about the violence she suffered in Guatemala, the agent would not believe her. Another woman from the group was so disoriented by the expulsion process and language barrier that when she arrived at Kino, she asked the staff whether she was in Mexico or the US.

* Yanet, [name changed to protect privacy], a Honduran woman fleeing death threats from organized crime groups because she refused to sell drugs for them, traveled north to seek asylum in the US. Despite the fact that she suffered multiple incidents of rape and assault at the hands of her smugglers, Border Patrol quickly expelled her back to Mexico.

— “June 23 Update on Asylum, Border, and Deportations from KBI” (Nogales: Kino Border Initiative, June 23, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Protection to Most Vulnerable, Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Female, Guatemala, Honduras, Indigenous, Nicaragua

Mid-June, 2022

The Nogales, Arizona-based Kino Border Initiative (KBI) reported on a Mexican couple whose belongings and medicine were confiscated while in Border Patrol custody.

Humberto [Name changed to protect privacy] together with his wife fled corruption in southern Mexico to migrate to the US and reunite with their US citizen children. …Once they turned themselves in to Border Patrol, the agents took their belongings and threw away their suitcase with clothing and medicine and their wallets. They tried to ask for asylum, but US officials ignored them and expelled them back to Mexico the next day.

— “June 23 Update on Asylum, Border, and Deportations from KBI” (Nogales: Kino Border Initiative, June 23, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Confiscation of Documents, Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Married Adults, Mexico

Mid-June, 2022

The Nogales, Arizona-based Kino Border Initiative (KBI) reported that “Border Patrol agents continue to use COVID as a pretext to expel or deport migrants at night, despite previous Local Repatriation Agreements developed for migrant safety.”

* Testimony from arriving migrants and Kino staff confirm that hundreds of migrants have been expelled to Nogales, Mexico between 12AM and 3AM during the last two weeks. 

* Individuals arriving at Kino earlier this week after being deported at 3AM reported that they had not slept since they were detained. 

* Eliseo [Name changed to protect privacy], a middle-aged Mexican man who wanted to seek work in the US so he could save up to return to his hometown and finish constructing a church there, was deported to Mexico with a group of migrants around midnight. Since he did not have anywhere to go, he and about a dozen other migrants slept in the park downtown.

— “June 23 Update on Asylum, Border, and Deportations from KBI” (Nogales: Kino Border Initiative, June 23, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

June 16, 2022

On May 23, 2022, a District of Columbia Circuit Court of Appeals ruling went into effect prohibiting CBP personnel from using Title 42 to expel asylum-seeking families to places where they will be persecuted or tortured (original link). A June 16, 2022 report from Human Rights First, however, found examples of families who, “when they tried to express their fears of return, Border Patrol agents ignored their statements or refused to allow them to speak and failed to refer any for screening”:

Four asylum-seeking families, who were expelled under Title 42 to Ciudad Acuña on May 23, 2022, reported to Human Rights First researchers that Border Patrol agents refused to allow them to explain their fear of return to Mexico or their countries of origin and did not refer them for a fear screening before expelling them.

None of the approximately 50 Honduran and Salvadoran asylum-seeking families, who were interviewed by researchers from the Center for Gender and Refugee Studies (CGRS), had received a fear screening prior to being expelled to Reynosa in late May and early June 2022. According to CGRS’s Legal Director, Blaine Bookey, many families reported that when they attempted to explain their fear of return, Border Patrol officers said, for example, that asylum was not available and that they would only be taking fingerprints and photographs and ordered the families to stop attempting to communicate with the officers. Other families expressed that given harsh treatment and verbal abuse from Border Patrol agents, they were too afraid to even attempt to explain their fears of return. One family reported to Bookey that Border Patrol agents called them “invaders,” and other families reported the agents told them that if they were afraid to return to their country, they should arm themselves and fight the gangs.

— Julia Neusner, Kennji Kizuka, The Nightmare Continues: Title 42 Court Order Prolongs Human Rights Abuses, Extends Disorder at U.S. Borders (New York: Human Rights First, June 16, 2022) https://www.humanrightsfirst.org/resource/nightmare-continues-title-42-court-order-prolongs-human-rights-abuses-extends-disorder-us.

Sector(s): Del Rio, San Diego

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Denial of Protection to Most Vulnerable

Last Known Accountability Status: Unknown

Victim Classification: El Salvador, Family Unit, Honduras

Early June, 2022

The Kino Border Initiative (KBI) reported about a Mexican husband and wife who turned themselves in to Border Patrol agents near Nogales, Arizona. “The agents took their belongings and threw away their suitcase with clothing and medicine and their wallets. They tried to ask for asylum, but US officials ignored them and expelled them back to Mexico the next day.”

— “June 9 Update from KBI” (Nogales: Kino Border Initiative, June 9, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Married Adults, Mexico

May, 2022

A June 16, 2022 report from Human Rights First included examples of three asylum-seeking families separated by CBP personnel at the U.S.-Mexico border during May 2022.

DHS separated a five-year-old Honduran boy from his adult sister and the sister’s children, who were expelled to Mexico under Title 42 in May 2022. The boy’s sister told Human Rights First that he was processed as an unaccompanied minor and is now in an Office of Refugee Resettlement shelter in South Carolina, while the sister and her children are stranded in danger in Ciudad Acuña unable to seek asylum.

DHS separated a Honduran father from his partner and child, expelling the man to Mexico under Title 42 in May 2022. The man told Human Rights First researchers that his partner and their child were permitted to remain in the United States to continue the asylum process while he is stuck in Ciudad Acuña.

In late May 2022, DHS separated an elderly Colombian woman from her adult daughter and sister and their children after the family sought protection in Laredo, Texas. The woman’s daughter, granddaughter, sister, and niece were released into Laredo to seek asylum. The woman’s sister told Human Rights First that nobody had heard from the woman in the five days since DHS released the family, and she fears her sister was expelled alone to Mexico under Title 42 or enrolled in the Remain in Mexico program.

— Julia Neusner, Kennji Kizuka, The Nightmare Continues: Title 42 Court Order Prolongs Human Rights Abuses, Extends Disorder at U.S. Borders (New York: Human Rights First, June 16, 2022) https://www.humanrightsfirst.org/resource/nightmare-continues-title-42-court-order-prolongs-human-rights-abuses-extends-disorder-us.

Sector(s): Del Rio, Laredo

Agency(ies): CBP

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Colombia, Family Unit, Female, Honduras