34 Records of Alleged Abusive or Improper Conduct involving “Border Patrol” where the accountability status is “Shared with DHS OIG”

August 1, 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sector(s): Yuma

Agency(ies): Border Patrol

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

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

Victim Classification: Sikh

July 27, 2022

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

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

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

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

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

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

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

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

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

Victim Classification:

June 30, 2022

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

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

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

Sector(s): Laredo

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

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

Victim Classification: Guatemala, Mexico, Single Adult

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

Mid-September, 2021

Starting in mid-September 2021, and peaking around September 18-21, a large number of mostly Haitian migrants crossed the Rio Grande at Del Rio, Texas, a remote sector of the border across from Ciudad Acuña, Coahuila, Mexico. By September 18, Del Rio’s mayor, citing information from Border Patrol, said that 14,534 migrants were encamped on the riverbank, under and around the border crossing bridge. There, while awaiting their turn to be processed by Border Patrol, they washed in the river and slept in tents, under shelters built out of vegetation, or in the open air.

In response to the Haitians’ rapid arrival, CBP surged 600 Border Patrol agents, CBP officers, and DHS volunteers to Del Rio, DHS Secretary Alejandro Mayorkas said during a September 20 visit to the sector.

By September 21, CBP had constructed a field hospital and was more systematically providing food. But for the first several days, food and clean water were scarce at the Del Rio site. This forced migrants to wade into Ciudad Acuña, Mexico to buy food at local stores and restaurants, then wade back into the United States with their provisions.

On their return to U.S. soil, some of the migrants, often laden with bags of food, encountered hostile Border Patrol agents on horseback. Photos and videos showed agents appearing to charge at migrants, including some children, at the water’s edge, apparently trying to force them to return to Mexico. One can be heard using a profane slur against Haiti. Some are shown waving or making slapping motions with lariats or long reins, which bore a resemblance to whips.

“Video footage of Border Patrol’s actions in this incident clearly demonstrate that the migrants being encountered by mounted agents did not present an imminent threat,” an ACLU letter describes the scene. “In one video an agent stops a family with small children, makes derogatory and xenophobic comments to the family, and then maneuvers his horse in a way that comes dangerously close to trampling a child.”

A March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance included testimonies from the migrants.

A Haitian woman, traveling with her husband, aunt, and infant son, went to Acuña to find food for her family.[181] When she returned and attempted to cross the river, she was surrounded by several CBP officers on horseback. When she tried to explain that she had to get back to the encampment to reunite with her child, the CBP officers screamed at her to “get back” and “go back to Mexico.” She witnessed two men fall into the river and disappear below the current. She also witnessed one man tear his leg open after being chased and trampled by a CBP officer on horseback. One Haitian man brought his eight-year-old son to the riverbank to bathe when mounted officers appeared and began chasing down a group of migrants gathered by the Rio Grande.[182] As his son attempted to run away from the CBP officers on horseback, he fell—was nearly trampled by the horse—and suffered cuts and bruises to his legs. He injured his eye, which then became painfully inflamed. The man described the “moment of terror” when he saw his young son fall to the ground. “I thought my son would be killed, right there in front of me.”[183] Terrified and traumatized, they fled the Del Rio encampment that night. Another Haitian man and his pregnant girlfriend were both shoved and pushed by CBP officers in Del Rio when they attempted to cross the Rio Grande with food they purchased in Acuña:

“When we were crossing the river by the bridge, we were met by the CBP agents. Some of them were on horses, some were on foot. As I was trying to cross with my pregnant girlfriend they shoved us. She [my girlfriend] was also shoved and fell to the ground. I don’t speak English well, but I tried to tell the agents that my girlfriend was pregnant. I tried to say it in Spanish. But they continued to abuse us and they kept shoving us across the river.”[184]

In summarizing his experience under the bridge, the man explained, “I wasn’t treated with dignity at the border [in Del Rio]. I was treated worse than animals. I experienced racism and abuse in Brazil, but what I experienced at the border was much worse.”[185]

Border Patrol Chief Raúl Ortiz, a former Del Rio sector chief, claimed the agents were attempting to control the horses with the reins. The Washington Post’s Philip Bump wrote that “this was an apparently isolated encounter, one that soon resolved with those seeking to enter the country and return to or arrive at the camp able to do so.”

Nonetheless, images of uniformed White men on horseback menacing Black people with what looked like whips blanketed U.S. social media on September 19 and 20, inspiring horrified reactions.

Immigrant rights and civil rights groups joined in condemnation. In Miami, 200 Haitian-Americans protesting outside the U.S. Citizenship and Immigration Services (USCIS) field office forced road closures. The NAACP tweeted side-by-side “then” and “now” images: a drawing of a slaveholder whipping a Black man next to one of the Del Rio photos. A letter from civil rights groups said Biden’s promises for a more humane immigration policy “are being shredded before our eyes.” Human Rights Watch called it “the latest example of racially discriminatory, abusive, and illegal U.S. border policies that are returning people to harm and humanitarian disaster.”

Reactions in Congress were strong. The images were “horrific and disturbing,” said Rep. Bennie Thompson (D-Mississippi), chairman of the House Homeland Security Committee. “We had not seen the horses and the whips with any other population of people, so that to us goes to racism,” said Rep. Joyce Beatty (D-Ohio), chair of the Congressional Black Caucus. House Oversight Committee Democrats sent a letter demanding a briefing from Biden administration officials by September 24 (original link).

Strong words also came from the Biden administration. “As it relates to those photos and that horrific video, we’re not going to stand for that kind of inhumane treatment and obviously we want this investigation to be completed rapidly,” said White House Press Secretary Jen Psaki. “What I saw depicted, those individuals on horseback treating human beings the way they were, was horrible,” said Vice President Kamala Harris. “Human beings should never be treated that way, and I’m deeply troubled about it.”

On September 24, President Joe Biden addressed the images for the first time. “It’s horrible what you saw. To see people like they did, with horses, running them over, people being strapped, it’s outrageous,” he said. “I promise you, those people will pay. There is an investigation underway right now and there will be consequences.”

DHS promised an investigation and disciplinary actions, and suspended the use of horse patrols in Del Rio (original link). However, “There is little reason to have confidence in the department’s willingness to hold its agents accountable,” Chris Rickerd and Sarah Turberville contended at the Los Angeles Times, noting that “CBP’s own records found that it took no action in 96% of 1,255 cases of alleged Border Patrol misconduct between January 2012 and October 2015.”

The DHS Inspector-General declined to take the case, and CBP’s Office of Professional Responsibility shared preliminary findings with the Justice Department in October, to determine whether criminal charges were warranted. As of January 2022, other than a list of next steps that DHS published in mid-November, there had been no further word (original link). It was not until nearly six months after the incident, on March 11, 2022, that the U.S. Attorney for the Western District of Texas decided not to pursue criminal charges. During that period, CBP’s Office of Professional Responsibility (OPR) was unable to interview the Border Patrol agents directly involved in the incident.

On July 8, 2022, CBP OPR released its report on the incident (original link). The 511-page document found “failures at multiple levels of the agency, a lack of appropriate policies and training, and unprofessional and dangerous behavior by several individual Agents.”

The report included the following findings about what happened over approximately a half hour on September 19, 2021.

  • There was no evidence that the agents “whipped” the migrants or that the riders’ reins struck any migrants. In future crowd control events, though, CBP will prohibit mounted agents from “twirling” their reins as “a distancing tactic.”
  • “Several mounted Border Patrol Agents used force or the threat of force to drive several migrants back into the Rio Grande River, despite the fact the migrants were well within the territorial boundary of the United States.”
  • In addition to swinging reins, aggressive tactics included charging horses at migrants to keep them from entering, in one case maneuvering a horse very close to a boy, and in another causing a man to fall back into the river; grabbing a man by his shirt and flipping him around; and yelling “unprofessional” comments, including “Hey! You use your women? This is why your country’s s***, you use your women for this.”
  • By pushing migrants back to the river and Mexico, the horse-patrol agents were following orders given not by Border Patrol, but a request from Texas’s state police (Department of Public Safety). Though blocking migrants was not CBP’s objective, the Border Patrol supervisor approved the state agency’s request without checking with higher-ups.
  • This owed much to faulty command and control within Border Patrol. The horse patrol agents’ supervisor “was unable to obtain additional guidance from higher in the USBP chain of command at the time of the request” from Texas DPS. The agents “repeatedly sought guidance from the USBP incident command post” by radio, and backed off after being “eventually told to allow all the migrants to enter.”
  • Though assigned to a crowd control mission—a difficult job with a high risk of escalation and human rights abuse—the horse patrol unit’s members’ responses indicated that they had not received crowd control training. CBP Commissioner Chris Magnus said that from now on, horses would not be used for crowd control without the commissioner’s approval.

With the OPR report complete, a CBP Disciplinary Review Board, separate from OPR and made up of senior officials, was to consider punishments for the agents involved. As of July 2022, four agents may face administrative measures. CBS News reported that no firings are recommended, and that the Review Board proposed a seven-day suspension for the supervisor who approved the Texas state DPS request.

The agents’ defenders—including the National Border Patrol Council union, House Homeland Security Committee ranking Republican Rep. John Katko (R-New York), and several former Border Patrol leaders in a mid-June letter—argue that they are not receiving due process because President Biden had demanded in September 2021 that they “pay” for their actions (original link, original link). Border Patrol union President Brandon Judd said that the union would appeal any punishments.

Critics of the OPR report note that it only covered what happened in the approximate half-hour on September 19 when the horse patrol was caught on camera, and that investigators did not speak to a single Haitian migrant. Nora Phillips, legal director of Haitian Bridge Alliance, told National Public Radio:

the official report contains some important inaccuracies. For example, she says, Border patrol agents did strike migrants with their horses’ reins. She’s also disappointed that investigators focused only on the incident with the horse patrols, while basically ignoring the squalid conditions in the camp.

“There was no investigation into that,” she said. “The lack of food, the lack of water, the lack of medical care. And that’s what’s also really disappointing.”

— Shaw Drake, “U.S. Border Patrol’s use of horses and verbal abuse against migrants in Del Rio, TX” (El Paso: ACLU Texas, September 21, 2021) https://www.aclutx.org/sites/default/files/aclu_tx_cbp_oig_letter_re_border_patrol_in_del_rio.pdf.

— Sarah Turberville, Chris Rickerd, “Abusing migrants while on horseback? That fits with the Border Patrol’s long history of brutality” (Los Angeles: The Los Angeles Times, September 22, 2021) https://www.latimes.com/opinion/story/2021-09-22/haitian-migrants-del-rio-border-patrol-horseback.

— Philip Bump, “What one photo from the border tells us about the evolving migrant crisis” (Washington: The Washington Post, September 20, 2021) https://www.washingtonpost.com/politics/2021/09/20/what-one-photo-border-tells-us-about-evolving-migrant-crisis/.

— Tweet from NAACP @NAACP (Twitter: September 21, 2021) https://twitter.com/NAACP/status/1440433080477519872.

Beyond the Bridge: Documented Human Rights Abuses and Civil Rights Violations Against Haitian Migrants in the Del Rio, Texas Encampment (United States: Robert F. Kennedy Human Rights and Haitian Bridge Alliance, March 29, 2022) https://rfkhr.imgix.net/asset/Del-Rio-Report.pdf.

— “US: Treatment of Haitian Migrants Discriminatory” (Washington: Human Rights Watch, September 21, 2021) https://www.hrw.org/news/2021/09/21/us-treatment-haitian-migrants-discriminatory.

Letter to Acting CBP Commissioner Troy Miller from six members of Congress (Washington: U.S. House of Representatives, September 22, 2021) https://int.nyt.com/data/documenttools/read-the-letter-from-lawmakers-demanding-answers-on-treatment-of-haitian-migrants/9e164db6d5b98eed/full.pdf.

— Annika Kim Constantino, “Biden condemns Border Patrol agents’ treatment of Haitian migrants, vows they will face consequences” (United States: CNBC, September 24, 2021) https://www.cnbc.com/2021/09/24/biden-condemns-border-patrol-treatment-of-haitian-migrants-in-del-rio.html.

Tweet from Homeland Security @DHSgov (Twitter: September 20, 2021) https://twitter.com/DHSgov/status/1440090164425019397.

Letter from former Border Patrol officials to DHS Secretary Alejandro Mayorkas (Washington: Washington Examiner, June 21, 2022) https://www.scribd.com/document_downloads/direct/579239144?extension=pdf&ft=1657135495&lt=1657139105&user_id=352475425&uahk=pzqbundOpAFXYAdmeffgbzGwQPI.

— Anna Giaritelli, “Border Patrol chiefs under three presidents warn Biden on ‘whipping’ discipline” (Washington: Washington Examiner, June 21, 2022) https://www.washingtonexaminer.com/policy/defense-national-security/border-patrol-chiefs-warn-biden-on-whipping.

— Eileen Sullivan and Zolan Kanno-Youngs, “Review Finds Agents Used Unnecessary Force Against Black Migrants” (New York: The New York Times, July 8, 2022) https://www.nytimes.com/2022/07/08/us/politics/border-patrol-investigation-migrants.html.

— Rep. John Katko, “Katko on the Del Rio Horse Patrol Investigation Report” (Washington: House of Representatives Homeland Security Committee Republicans, July 8, 2022) https://republicans-homeland.house.gov/katko-on-the-del-rio-horse-patrol-investigation-report/.

— Camilo Montoya-Galvez, Nicole Sganga, “Border Patrol agents on horseback used “unnecessary” force against Haitian migrants last year, investigators find” (United States: CBS News, July 8, 2022) https://www.cbsnews.com/news/border-patrol-agents-on-horseback-used-unnecessary-force-against-haitian-migrants-last-year-investigators-find/.

CBP Office of Professional Responsibility – Del Rio Horse Patrol Unit Investigation Report (Washington: CPB OPR, July 8, 2022) https://www.cbp.gov/document/report/cbp-office-professional-responsibility-del-rio-horse-patrol-unit-investigation.

— Joel Rose, “After Del Rio, some Haitian migrants found safety in the U.S. But many have not” (United States: National Public Radio, September 7, 2022) <https://www.npr.org/2022/09/07/1120775143/after-del-rio-some-haitian-migrants-found-safety-in-the-u-s-but-many-have-not>.

Footnotes from above:

[181]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[182]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[183]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[184]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[185]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Crowd Control, Racial Discrimination or Profiling, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, OPR Investigation Closed, Shared with Congressional Oversight Committees, Shared with DHS OIG

Victim Classification: Black, Family Unit, Haiti, 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

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. 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.

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

August 2, 2021

A CBP statement related the death in Border Patrol custody of a Salvadoran man near Eagle Pass, Texas (original link). The man had become “unresponsive” after being restrained for having reportedly become “unruly.”

The following statement pertains to an in-custody death that occurred near Eagle Pass, TX, on Monday, August 2, 2021. This information is based on a preliminary review and may be corrected or updated in the future. Additional information may also be released by other agencies investigating this incident.

On August 2, 2021, Border Patrol Agents (BPAs) were alerted to the presence of a group of suspected undocumented migrants inside a ranch approximately 17 miles south of Eagle Pass, Texas near Highway 277. BPAs assigned to the Eagle Pass South (EGS) Border Patrol Station responded and began tracking the group of migrants. After approximately nine hours of tracking the group, BPAs located and apprehended seven migrants while several other individuals fled. BPAs continued to search for these individuals.

Shortly thereafter, BPAs apprehended five more migrants, to include a male citizen of El Salvador. The man was initially handcuffed together with two other migrants using two sets of handcuffs. The man reportedly became unruly and was causing discomfort to the other two individuals to whom he was attached. When BPAs removed the handcuffs to separate him from the others, he attempted to escape, running a short distance before being apprehended again by BPAs. BPAs restrained him with his hands behind his back and placed him on the hood of a nearby Border Patrol vehicle. BPAs placed two other migrants on the front bumper area of the vehicle and two in the rear of the vehicle and drove back to the location where the first group was apprehended to await a transport vehicle.

Upon arrival at that location, BPAs removed all the migrants from the Border Patrol vehicle to await the transport vehicle; the El Salvadoran man remained restrained. When the Border Patrol transport vehicle arrived approximately one hour later, BPAs discovered the man was unresponsive. The BPAs began chest compressions and requested emergency medical services. When the Eagle Pass Fire Department arrived on the scene, medical personnel determined the man was deceased.

Consistent with agency procedures for reviewing in-custody deaths, CBP OPR immediately responded to the scene, interviewed migrants involved in the incident, and subsequently notified the Federal Bureau of Investigation, the DHS Office of Inspector General, and the Dimmit County Sheriff’s Department. The Webb County Medical Examiner’s Office and CBP OPR are reviewing this incident which is under investigation by the Texas Rangers. CBP is fully cooperating with all agencies reviewing or investigating this incident.

All CBP personnel involved in the incident have been reassigned to non-field enforcement activities, pending the results of the investigation and subsequent actions that may be warranted. Additionally, U.S. Border Patrol has initiated a full review of their transport and detention procedures to assure they are fully compliant with the CBP Transport, Escort, Detention, and Search (TEDS) policy.

CBP Statement: Death in Custody at Eagle Pass, TX” (Washington: Customs and Border Protection, August 6, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-death-custody-eagle-pass-tx-0.

Sector(s): Del Rio

Agency(ies): Border Patrol

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

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

Victim Classification: El Salvador, Single Adult

July 23, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the experience of a Honduran family while in custody at Border Patrol’s “Temporary Outdoor Processing Site” (TOPS) facility under a bridge in Mission, Texas, and their subsequent lateral expulsion via Nogales, Arizona.

A Honduran man, his wife, and daughter entered the United States near McAllen, Texas where they were detained. They were kept under an overpass with hundreds of other migrants. The agents took their temperatures and biometric data.

There was a medical tent, but the family could not get medical attention. Their infant daughter became sick while they were there. Although they asked for medical attention for their baby, the agents refused to provide any.

They were held there for three days. This family was exposed to the elements and went without basic necessities like running water, beds to sleep in, etc. They were only fed twice a day.

Border Patrol would periodically call names to board buses; if you missed your name, you had to wait until next time they came to call your name. Because of this, people chose to remain awake rather than risk missing their chance to leave. The father recalls the brutal sleep deprivation this caused.

After three days the Border Patrol transferred them to a facility. At the facility the agents confiscated all their belongings (clothes, medicine, diapers, phone chargers, etc.). They were not given anything to eat at the facility for the whole day. The father was temporarily separated from his wife and daughter and placed in a separate holding facility with about fifty others, who had been at the facility for some time.

Eventually, the agents took down details of the family members they had in the US and told them they could leave once their family members had paid for their travel. This was a lie. The family was instead taken to the airport and flown to Tucson, AZ and then expelled to Nogales, Sonora.

KBI filed an August 3, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed “that they received the complaint and forwarded it to the Office of the Inspector General (OIG). No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

KBI and NETWORK recorded a similar account, for July 30, 2021, of a Honduran family that spent three days at TOPS before being laterally expelled via Nogales.

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Rio Grande Valley, Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Food or Water, Denial of Medical Care, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Non-Return of Belongings

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

Victim Classification: Family Unit, Honduras

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan asylum seeker’s experience with her family while in Border Patrol custody in Arizona.

A Guatemalan woman, her sister (19), brother, and son entered the United States and were all detained by border patrol. At that time the agent was very nice to them and gave them water and took them to a Border Patrol station. They were subsequently moved to Tucson.

There, CBP processed the sister first, and a female CBP agent reached into her sister’s shirt and grabbed sister’s documents from her bra.

Her brother was separated from them, and she did not have any information about his whereabouts as of July 10. She was never told why they separated her brother from her.

She was also then separated from her sister, who CBP says tried to escape them while they were walking in the desert. The woman told agents several times that her sister had not tried to escape apprehension and that they had been together the whole time.

The officers told her “You are not in your country. We are in charge here.” In the facility, the staff at the station refused to give them blankets. In the early morning, she was reunited with her sister on a bus.

She tried several times to tell them she was seeking asylum, but no one listened. CBP kept telling them that this was their country, and they were in charge. The woman, her sister, and son were expelled to Nogales, Sonora in the early morning.

KBI filed a July 23, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Source: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, Due Process Denied, August 2021. <https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Sexual Assault or Harassment

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

Victim Classification: Family Unit, Guatemala

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan asylum seeker’s experience with her children while in Border Patrol custody in Arizona.

A Guatemalan woman with her four children crossed into the United States with a big group and encountered a Border Patrol agent in a vehicle. That agent was very nice to them, gave them water and said they could have whatever they needed. He called for more vehicles to carry them all, and they were transferred to a Border Patrol facility that was very cold. Then they were put on buses to Tucson.

At the Tucson border facility, the woman approached an agent asking how they should apply for asylum and informing him that her son has a medical condition and needs medical care. She showed him the documents (a diagnosis, x-rays, etc.) to prove that her son was in need and that he needed surgery within the next two months. The agent took the documents and threw them in the trash. When she went to retrieve them from the trash, he took them again and told her “they belong in the trash.” When she protested, he became angry and told her to go away and gave her a sleeping mat. The mat was soaking wet so that she could not use it. She never got her documents back.

Hours later, she and the children were expelled to Nogales, Sonora.

KBI filed a July 15, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed that “they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Confiscation of Documents, Denial of Medical Care, Denial of Protection to Most Vulnerable, Non-Return of Belongings

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

Victim Classification: Family Unit, Guatemala, Medical Condition

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed a Guatemalan family’s conditions in Border Patrol custody while seeking, without success, to seek asylum in Arizona.

A Guatemalan woman and her two young daughters entered the United States through the desert and encountered a Border Patrol agent. They were detained and moved to a facility with cold rooms. Then they were transferred to Tucson.

There, she told an agent that she had injured her foot while walking in the desert and needed medical attention. The agent agreed, but then she walked away and never came back. She was never given any medical attention.

They were made to sit in the chairs at the Tucson facility; the children could not sleep. At the facility, they were forced to take off any extra clothing and allowed to wear only a t-shirt and pants. Her daughter was shivering. They asked for blankets but were given only one small one many hours later. She tried to tell agents she wanted to seek asylum, but no one listened to her.

The next morning the family was expelled to Nogales, Sonora.

KBI filed a July 23, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Medical Care, Denial of Protection to Most Vulnerable

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

Victim Classification: Family Unit, Guatemala, Medical Condition

June 30, 2021

A report from the Kino Border Initiative (KBI) and NETWORK related the experience of a Guatemalan man, his wife, and son, who entered the United States in Arizona, with the intention of seeking asylum.

They crossed and encountered Border Patrol. The Border Patrol asked if their objective was to seek asylum, and the father said yes. The family was then transported to an outpost and processed. A CBP officer asked where they were from but did not ask any other questions.

They were transported to a facility in Tucson, where the man was separated from his wife and son. They were all moved between several different detention centers, and the only time the man was able to see his wife and son was during transport.

In one of the facilities, he told an agent he feared returning to Guatemala. The agent laughed in his face and said something to the other agents, who all laughed. He felt so humiliated and discouraged to ask for asylum again.

He was moved four times to different border facilities. Finally, he and his family were expelled in the very early morning hours without ever being given a fear assessment or referred to the USCIS.

KBI filed a July 9, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Family Unit, Guatemala

June 17, 2021

A CBP release described a Border Patrol chase that ended with a fatal vehicle crash, after an agent deployed a vehicle immobilization device across an Arizona highway (original link).

On June 17, 2021, a Border Patrol Agent (BPA) observed two suspected undocumented migrants getting into a vehicle along Arizona State Route 85 (SR 85), approximately one and a half miles north of the Lukeville, AZ Port of Entry. Approximately 20 miles north of where the suspected undocumented migrants entered the vehicle, another BPA waiting on SR 85, activated his emergency lights and sirens and attempted to stop the vehicle. The vehicle did not stop and continued for approximately one mile, where another BPA deployed a vehicle immobilization device (VID) across the roadway. The driver of the suspected smuggling vehicle attempted to avoid running over the VID and subsequently lost control and crashed.

One of the two undocumented migrants in the vehicle, a male citizen of Mexico, was in critical condition and was transported to the Abrazo West Medical Center in Goodyear, AZ where he ultimately succumbed to his injuries on June 19, 2021.

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. The Department of Homeland Security Office of Inspector General was also notified of the incident.

— “Failure to Yield Results in Death” (Washington: Customs and Border Protection, June 21, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/failure-yield-results-death-0.

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: Mexico, Single Adult

June 16, 2021

A report from the Kino Border Initiative (KBI) and NETWORK included a Jamaican migrant’s account of violent treatment by Border Patrol agents at Nogales, Arizona’s DeConcini port of entry.

A Jamaican man entered the United States at a port of entry to ask for asylum and was immediately confronted by two Border Patrol agents who physically attacked him. They knocked him to the ground with a plastic barrier and began beating and punching him. One agent put his foot on his neck as he lay on the ground. The agents dragged him across concrete into an office at the port of entry. A third agent told the two that what they were doing was wrong. The other agents dismissed her objection. The Jamaican man was then handcuffed to a bench. Later, he was taken to another room where he was photographed and fingerprinted. When the agents asked why he was there, the Jamaican man said he was seeking asylum. The agents asked where he was from and when he said Jamaica. The agents said, “this is what a bunch of you have been doing (running into the port of entry), you are getting out of here.” They took him to the Mexican immigration office. His friends were in Mexico waiting to see if he got across successfully. The Mexican immigration officers took photos of all their passports and asked them to go to Kino Border Initiative.

KBI filed a June 24, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed “saying they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson, Tucson Field Office

Agency(ies): Border Patrol, Office of Field Operations

Event Type(s): Conditions of Arrest or Apprehension, Denial of Protection to Most Vulnerable, Use of Force

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

Victim Classification: Black, Jamaica, Single Adult

June 12, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed rough treatment that a Guatemalan man said he received from Border Patrol agents who apprehended him in Arizona.

A Guatemalan man entered the United States through the desert with a group of several others. He encountered Border Patrol agents who tripped him, causing him to fall and injure his knee. His face was injured with thorns. He was in a lot of pain, and he asked for medical attention. The agents said they could not help him. They then forced him to walk for an hour in handcuffs. Then the agents drove him to the border station. He didn’t receive medical attention at the station. He was expelled from that station to Nogales, Sonora. Only after he arrived in Mexico did Kino facilitate medical attention.

KBI filed a June 22, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed “saying they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Denial of Medical Care, Use of Force

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

Victim Classification: Guatemala, Medical Condition, Single Adult

June 10, 2021

Border Patrol agents pursued, for over 34 miles near Deming, New Mexico, two vehicles that failed to pull over. “At that point,” a CBP release reported (original link),

four undocumented migrants jumped from one of the moving vehicles on New Mexico State Road 146. While some BPAs [Border Patrol agents] stopped to render assistance, others continued to pursue the two vehicles which eventually stopped. Both drivers and their passengers were taken into custody by BPAs.

One of the four undocumented migrants who jumped from the moving vehicle, a female citizen of Ecuador, suffered head injuries and was eventually transferred to University Medical Center in El Paso, TX, where she was declared deceased by medical personnel on June 13, 2021.

— “U.S. Border Patrol Failure To Yield Incident” (Deming: U.S. Customs and Border Protection, June 15, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/us-border-patrol-failure-yield-incident-0.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

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

Victim Classification: Ecuador, Female, Single Adult

May 14, 2021

Three Border Patrol agents shot 26-year-old San Diego resident Silvestre Vargas Estrada through the windshield of his car in Campo, California. Vargas Estrada was killed. Two passengers, believed to be Mexican men who had entered the country illegally, were not injured.

A release from the San Diego Sheriff’s Department reported:

Just before 10:30 p.m. on May 14, 2021, agents with the U.S. Border Patrol were involved in a pursuit with a vehicle containing three adult males. The pursuit ended in a gas station parking lot at the intersection of State Route 94 and Buckman Springs Road in Campo. A confrontation ensued, resulting in three agents discharging their firearms. The driver of the vehicle was struck by gunfire. The man was transported by ambulance to a local area hospital. Unfortunately, he was pronounced deceased shortly after arriving at the hospital (original link).

The Sheriff’s Department homicide unit was leading the investigation, the San Diego Union-Tribune reported on May 18, 2021. “The FBI, Department of Homeland Security Office of the Inspector General and U.S. Customs and Border Protection’s Office of Professional Responsibility also responded to the scene and will review the investigation.”

It was the second Border Patrol-involved fatal shooting in the agency’s San Diego sector in six months. An agent shot and killed David Angel Villalobos-Baldovinos following a reported altercation on October 23, 2020.

— Thomas Seiver, “U.S. Border Patrol Agents Involved Shooting – Update 1” (San Diego: San Diego County Sheriff’s Department, May 18, 2021) https://www.sdsheriff.gov/Home/Components/News/News/384/16.

— Alex Riggins, “Authorities ID San Diego man shot, killed by Border Patrol agents” (San Diego, San Diego Union-Tribune, May 18, 2021) https://www.sandiegouniontribune.com/news/public-safety/story/2021-05-18/authorities-id-san-diego-man-shot-killed-by-border-patrol-agents.

Sector(s): San Diego

Agency(ies): Border Patrol

Event Type(s): Use of Force, Vehicle Pursuit

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

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

May 11, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed a Guatemalan asylum seeker’s separation from her brother and inability to request asylum while in Border Patrol custody in Arizona.

A Guatemalan woman traveling with her son and brother were detained by Border Patrol once they entered the United States and processed at an open-air border facility. At the open-air facility, they did not ask them why they were in the US or give them a chance to claim asylum.

There, she was separated from her brother. She was told this was because he was a minor and not her son. She told the agent she had a power of attorney paper signed by her mother to care for her brother and presented the papers. They didn’t accept the papers.

They transferred them to Tucson. The three of them had fled Guatemala because of the murder of family members. In the Tucson facility, she could see her brother detained separately with the other minors. That was the last time she saw her brother as of the time this complaint was filed.

At the Tucson facility, she told an agent she was afraid to return to Guatemala and she tried to show documentation of violence, the death certificates of her family members killed by organized crime. The CBP agent told her that her documents were likely fake because she comes from a “corrupt” country. In addition, the CBP agents said that every day, immigrants come to the facility with this type of paperwork. She tried to persuade him to look up the names of the murders online so he could see she was telling him the truth and the documents were real. He did not. She and her son were expelled to Nogales, Sonora.

KBI filed a May 19, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On June 1, CRCL emailed that “they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Accompanied Child, Family Unit, Guatemala

April 4, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan woman’s account of being denied necessary surgery for a leg injury while in Border Patrol custody, then swiftly expelled to Mexico.

A Guatemalan woman entered the United States and was detained by Border Patrol and transferred to a border patrol facility. She had previously injured herself in the desert and could not walk well. When transported to the facility, a nurse told her she needed surgery to fix a broken bone and torn muscle. She was taken to a clinic where an X ray was taken and found that her tibia was shattered. The medical assistant then told the female border agent who was present that the woman needed an operation right away. The medical assistant told the woman that the surgery was absolutely necessary, and so she agreed to the operation. Then they transferred her to a hospital and changed the Border Patrol agent in of charge of her. It was now a male Border Patrol agent. He received all the paperwork. The woman did not receive any paperwork. The medical staff started prepping for the surgery, then all of a sudden they said they couldn’t do it. The medical staff then gave the woman a sedative and put a cast on. The nurse told her that wherever she goes next, that the women must have surgery. When she asked why they were not continuing with surgery, the medical staff apologized profusely and told her the agents were not going to allow the Guatemalan woman to stay in the U.S. long enough for an operation she desperately needed. Medical staff repeated that she must have surgery as soon as she can because her injuries were serious. The Border Patrol agent there then rushed the woman out of the hospital without allowing the woman to eat or change clothes or get any prescribed pain medication. Though she could barely walk, she was expelled to Nogales, Sonora without any crutches.

KBI filed an April 8, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On June 30, CRCL emailed “saying they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Medical Care

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

Victim Classification: Female, Guatemala, Medical Condition, Single Adult

March 23, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted Border Patrol agents’ refusal to allow a Mexican migrant in custody to report a drug-related crime.

A Mexican man entered the United States when individuals associated with organized crime demanded he carry a backpack full of drugs into the United States and threatened him with a razor. When he refused, they beat him.

Once the Mexican man regained consciousness, he turned himself in to Border Patrol. He told agents what happened to him, where Border Patrol could find the drugs and the men who assaulted him who belonged to a criminal gang. Still, the agents kept the man in the vehicle the whole day, picking up other immigrants and giving him only water to drink.

Once they came to the CBP facility and he was processed, he repeated what had happened to him. The CBP agent there laughed and asked if he wanted to file a police report. When he said yes, the agent said it would take too long.

He was never given an opportunity to express his fears about returning to Mexico or give information about the crime that had been committed against him. He was never given medical attention while in CBP custody and was left alone in a cell for long stretches of time despite his weakened state. He was soon expelled back to Mexico.

KBI filed a March 29, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 23, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Food or Water, Denial of Medical Care, Denial of Protection to Most Vulnerable

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

Victim Classification: Mexico, Single Adult

March 7, 2021

A report from the Kino Border Initiative (KBI) and NETWORK detailed the experience of a Cuban asylum seeker in Border Patrol custody in Yuma, Arizona and Campo (Pine Valley), California.

A Cuban man and his wife crossed into the United States and were detained. He was searched and their documents were confiscated. The man was separated from his wife, even though his wife told the agents they were together.

He was transferred to Campo BP Station in California, and when he was being transferred he was told he would be reunited with his wife at the detention center. While in detention, he was not allowed to shower for five days, and the lights were always kept on.

There, a border patrol agent interviewed him in Spanish. The agent asked him about his relatives but did not ask anything about asylum. The man asked if he could present his case. The CBP agent said no, as that was for a courtroom with a lawyer. The man asked why the agent didn’t ask him why he left Cuba, and the agent still said no. After five days, they transported the man to expel him, very early in the morning.

The man says he was disoriented but once he heard he was being expelled he said he can’t leave without his wife. He was told his wife would be joining him soon. This was not true. He was not reunited with his wife and was expelled to Tijuana, Baja California in the early morning hours. A week later, he tried to cross again at Yuma as his wife was still in CBP custody. He was then expelled to Nogales.

KBI filed a March 24, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 23, CRCL emailed that “they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): San Diego, Yuma

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Confiscation of Documents, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Non-Return of Belongings

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

Victim Classification: Cuba, Family Unit

February 3, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described Border Patrol agents’ rough treatment of an asylum-seeking family at a Nogales, Arizona port of entry.

A Salvadoran woman, her husband and two children traveled from El Salvador to Mexico initially to escape threats at home. Soon after, they also received threats in Mexico and decided to flee to the US. They approached the DeConcini port of entry in Nogales.

There, an agent shoved the woman who was eight months pregnant in the chest. The woman pleaded with the agent to not turn them back as they were fleeing danger in Mexico. The agents, both male and female, simply laughed at them when they explained the danger and said the family must go back. When the family said they had nowhere to go, the agents said that was not the agents’ problem. They forcibly removed them and took them to the Mexican immigration office at around 10:30 PM. The family slept by the line of cars entering the United States out of fear of navigating Nogales at night.

On the same day KBI filed the complaint [February 9, 2021], CBP OPR responded with the case number for the Joint Intake Center. Two weeks later, on 2/25/2021, KBI received an email from CRCL stating that they received the complaint, recorded it in their database, and will take no further action. Four months after the complaint was filed, on 6/2/2021, KBI received an email from CRCL saying they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: El Salvador, Family Unit, Pregnancy