15 Records of Alleged Abusive or Improper Conduct involving “Office of Field Operations” where the event type is “Denial of Protection to Most Vulnerable”

March and April, 2022

An April 2022 report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado lists several examples of San Diego CBP port-of-entry officers’ refusals to grant humanitarian exceptions to Title 42 for especially vulnerable asylum seekers.

In April 2022, CBP denied humanitarian exemption requests for a Nigerian man with glaucoma and hand tremors who was beaten by police in Mexico; a gay Venezuelan man living with HIV who is partially deaf; a Mexican torture survivor with diabetes; a Haitian woman with a high-risk pregnancy who is experiencing food insecurity; and a disabled Honduran man whose injuries from a car accident have become infected and who needs specialized medical treatment. These requests had been submitted by Ginger Cline, an attorney with Al Otro Lado.

CBP officers at the San Ysidro port of entry have also recently denied humanitarian exemption requests for a Mexican woman fleeing threats by a cartel who murdered the woman’s husband and whose 12-year- old son has a pacemaker and urgently needs specialized medical treatment; a 14-year-old with a traumatic brain injury he incurred from falling from a two-story building to escape kidnappers; and a two- year-old Honduran asylum-seeking child with severe and worsening epilepsy who suffers from eight- minute-long seizures. Margaret Cargioli, an attorney with Immigrant Defenders Law Center in San Diego, had submitted these requests ultimately denied by CBP.

CBP at the San Ysidro port of entry has failed to respond to humanitarian exemption requests submitted months ago, including for a LGBTQ woman with maternal uterine fibroids who experiences constant bleeding after she was raped twice in Mexico in bias-motivated attacks based on her sexual orientation and for a Mexican domestic violence victim whose husband found her in Tijuana and kidnapped her daughter, according to Immigrant Defenders Law Center.

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Black, Disability, Domestic Violence Victim, Family Unit, Female, Haiti, Honduras, Kidnap Victim, LGBTQ, Medical Condition, Mexico, Nigeria, Pregnancy, Single Adult, Venezuela

March, 2022

“In March 2022, CBP turned away a Nigerian asylum seeker with urgent medical needs,” reads a report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado. “The man had been shot multiple times in Mexico, required a colostomy bag to eat, and urgently needed medical treatment unavailable in Tijuana, according to Nicole Ramos, an attorney with Al Otro Lado.”

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Black, Nigeria, Single Adult

March, 2022

A report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado discusses CBP’s insistence on expelling members of an imminently threatened Mexican family with an injured teenager in San Diego.

In March 2022 CBP turned away a Mexican asylum-seeking family fleeing Michoacán after the cartel that had threatened to kill them tortured a family member into disclosing their location in Tijuana. Desperate to escape the cartel, the family attempted to climb over the 30-foot border wall, but a 14-year-old girl fell and was seriously injured. CBP expelled the family back to danger in Tijuana under Title 42 allowing only the girl’s mother to remain with her at a San Diego hospital. The family told the San Diego Union-Tribune, “she’s fighting for her life, and we only did it because [the cartel] already knew we were in Tijuana. We didn’t have another option.”

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

— Kate Morrissey, “Ukrainians Only: Racial Disparities in U.S. Border Policies Grow More Obvious” (The San Diego Union-Tribune, Tuesday, March 22, 2022) https://www.sandiegouniontribune.com/news/immigration/story/2022-03-19/ukrainians-border-title-42.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Mexico

March, 2022

A report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado recounts CBP’s expulsion of a Mexican family who presented graphic evidence of their protection needs.

In March 2022, CBP officers turned away a Mexican asylum seeker and her children who fled Guerrero after the woman’s husband and teenage son were murdered. The woman brought photos of the chopped-up bodies of her loved ones as evidence of the danger the family had fled. “I’m not here because I want to be here. I’m here to save the lives of my children,” she told the San Diego Union- Tribune. The family spent the night outside the port of entry until Mexican officials pressured them to leave the area.

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

— Kate Morrissey, “Ukrainians Only: Racial Disparities in U.S. Border Policies Grow More Obvious” (The San Diego Union-Tribune, Tuesday, March 22, 2022) https://www.sandiegouniontribune.com/news/immigration/story/2022-03-19/ukrainians-border-title-42.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Mexico

February, 2022

Human Rights Watch reported on CBP’s Title 42 expulsion of Adolfo H. and Gerardo C. (pseudonyms), a gay couple fleeing Cuba and El Salvador who had already “experienced extortion several times by Mexican immigration agents.”

US officials told the couple that Adolfo could stay and seek asylum in the United States because he is from Cuba but that his partner would be expelled, even though border officials had the authority to allow both men in. Instead, they gave them the option of being separated or of being expelled together. They said that while they were in custody, US officials told them to stop holding hands or touching one another.

CBP officers expelled both men back to Ciudad Juárez, Mexico.

US: LGBT Asylum Seekers in Danger at the Border (New York: Human Rights Watch, May 31, 2022) https://www.hrw.org/news/2022/05/31/us-lgbt-asylum-seekers-danger-border.

Sector(s): El Paso Field Office

Agency(ies): Office of Field Operations

Event Type(s): Denial of Protection to Most Vulnerable, LGBT Discrimination or Harassment

Last Known Accountability Status: Unknown

Victim Classification: Cuba, El Salvador, LGBTQ

January 6, 2022

The Kino Border Initiative reported on recent cases of expulsions into Mexico of particularly vulnerable migrants who do not speak Spanish:

Sixteen percent of those arriving at KBI in the last two weeks of December originally migrated from Haiti. Several of the Haitian families could not respond to simple questions in Spanish without the assistance of an interpreter. In some cases, one individual from the group spoke enough Spanish to interpret for others who did not speak Spanish. One young Haitian woman described experiencing discrimination during their journey north. She reported that her family was extorted in every country they traveled through, including members of the Mexican National Guard who stopped them in southern Mexico, opened up their backpacks, and took whatever they wanted.

Numerous indigenous families from Guatemala have been expelled to Nogales under Title 42, putting them at particular risk of discrimination in Mexico due to language barriers and cultural differences. A Guatemalan family whose primary language is Mam was expelled last week after attempting to cross into the US to seek asylum, as was a Guatemalan man whose primary language is Cakchiquel.

— “January 6 Update from KBI” (Nogales: Kino Border Initiative, January 6, 2021)

Sector(s): Tucson Field Office

Agency(ies): CBP, Office of Field Operations

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

Last Known Accountability Status: Shared with Congressional Oversight Committees, Unknown

Victim Classification: Black, Family Unit, Guatemala, Haiti, Indigenous

September 27, 2021

A Kino Border Initiative release reports:

Karla [not real name], another migrant organizer, described her experience being denied asylum three times. She said, “I went to the Tijuana border looking for help and protection asking immigration for asylum. They rejected me, humiliated me, and denied me asylum. I cried together with my children, pleaded with them and asked for their help to be able to request asylum. When they saw me cry, they told me not to because not even with my tears was I going to convince them and that I better step aside because I was in the way. As I cried for help, they laughed at me and my children. I tried to seek asylum in three different ports of entry along the border and I have always been rejected, humiliated. They threatened to call the Mexican authorities on me who also humiliated us.”

— “CBP closed port of entry after denying access to migrant family seeking asylum, accompanied by Tucson Bishop Edward Weisenburger” (Nogales: Kino Border Initiative, September 27, 2021) https://www.kinoborderinitiative.org/press-release-cbp-closed-port-of-entry-after-denying-access-to-migrant-family-seeking-asylum-accompanied-by-tucson-bishop-edward-weisenburger/.

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit

September 27, 2021

CBP officers shut the gates of Nogales, Arizona’s DeConcini port of entry as a family, accompanied by Tucson Bishop Edward Weisenburger, approached to seek asylum. A Kino Border Initiative release described the scene.

Laura fled southern Mexico with her two kids, her brother and his family- after her husband was shot by the local mafia. Laura and her family, accompanied by the Bishop, went through the turnstile at the DeConcini port of entry only to be turned away in tears.

Chelsea Sachau, attorney with the Florence Project, who accompanied the family recounts the event, “The family reasserted their request to be processed and to seek asylum. They asked to speak to someone else [other than the CBP officials], a supervisor, and then the CBP officers entered the building and locked both doors. They tested to make sure that both doors were locked, and then they slowly started lowering the gate to shut down the entire port of entry because this family, accompanied by faith leaders, and a legal observer, asked him for their right to seek asylum.” Laura and her family were forced to step back as the gate lowered onto where they were standing. Sachau continues, “There was no warning given to anyone, neither ourselves or anyone in line who had papers to enter into the US.” The DeConcini port of entry was shut down for about an hour to anyone trying to cross into the U.S.

— “CBP closed port of entry after denying access to migrant family seeking asylum, accompanied by Tucson Bishop Edward Weisenburger” (Nogales: Kino Border Initiative, September 27, 2021) https://www.kinoborderinitiative.org/press-release-cbp-closed-port-of-entry-after-denying-access-to-migrant-family-seeking-asylum-accompanied-by-tucson-bishop-edward-weisenburger/.

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Mexico

September 1, 2021

According to BuzzFeed, CBP officers insisted on expelling back into Mexico, under the Title 42 authority, a Honduran LGBT woman whose spine was fractured in an anti-gay attack in Mexico, and who had also been raped by Mexican police. “The two Honduran women have since been living on the streets of Mexico with no end in sight,” Buzzfeed reported.

— Adolfo Flores, “Biden’s Border Policy Is Trapping LGBTQ Asylum-Seekers In Dangerous Conditions In Mexico” (BuzzFeed, September 16, 2021) https://www.buzzfeednews.com/article/adolfoflores/lgbt-asylum-seekers-stuck-in-mexico.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Female, Honduras, LGBTQ, Sexual Abuse Victim, 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

Early June, 2021

The Kino Border Initiative (KBI) reported:

A woman from Mexico and her four children, one of whom is a U.S. citizen, presented themselves at the port of entry and asked for asylum. The officers present informed them that they had to come to KBI to be granted asylum, when an NGO clearly has no such authority. Unbelievably, this is only one of multiple instances in which US authorities have told asylum seekers to come to KBI for asylum.

— “June 10 Update From KBI” (Nogales: Kino Border Initiative, June 10, 2021).

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

Event Type(s): Denial of Protection to Most Vulnerable, Lying or Deliberate Misleading

Last Known Accountability Status: Shared with Congressional Oversight Committees, Unknown

Victim Classification: Family Unit, U.S. Citizen or Resident

May 16, 2021

A report from the Kino Border Initiative (KBI) and NETWORK reported a Mexican asylum seeker’s allegations that CBP used violence during one of his several unsuccessful attempts to ask for protection at a Nogales, Arizona port of entry.

A Mexican man presented himself at the DeConcini Port of Entry seeking asylum several times over a period of two days. He received threats that made him believe his life was in danger and even survived an attempted kidnapping in Nogales.

On May 16, he ran toward the port of entry, near where cars were crossing because he was afraid of his pursuers. CBP officers apprehended him there. He was punched, kicked, and beaten by about twelve officers. He told them that he wanted asylum because there were people in Mexico who were trying to kill him. CBP did not give him an opportunity to talk to anyone else and he was immediately expelled back to Mexico.

CBP called the Mexican police, who never came. They then called the Mexican Red Cross to take him to the General Hospital of Nogales in Sonora. The hospital did not take care of his wounds.

When released from the hospital, he tried again to enter the United States at the port of entry because people were following him. He tried asking for asylum to the 9 agents who detained him. However, the agents told him he had no right to be in the United States and asked him to be silent. The agents then took him to a room and questioned him but did not ask him about asylum. He was then expelled back to Mexico again.

KBI filed a May 25, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On June 2, 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 Field Office

Agency(ies): Office of Field Operations

Event Type(s): 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: Kidnap Victim, Mexico, Single Adult

November 2, 2020

A report from the Kino Border Initiative (KBI) and NETWORK discussed the experience of a Guatemalan woman who crossed the border and was “detained by CBP” with her one-year-old daughter and eight-year-old son.

At Tucson station, when they were being transferred, the Guatemalan woman asked where she was being taken; the CBP agent replied she did not know, but that they might take the woman’s fear declaration at the next station. The woman was taken to Nogales. The woman asked an agent to take her fear declaration, but the agent said CBP doesn’t do that in Nogales. Then the woman asked another agent who gave her food to take her fear declaration. That CBP agent didn’t speak Spanish and asked another agent to come over to interpret. She told them that a family member had been killed in Guatemala and that she also feared returning to Mexico as she had been robbed there. The agents told her that her case doesn’t matter since there are gangs in the U.S. too. The woman and her children were expelled to Mexico soon after.

KBI filed a November 6, 2020 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On January 4, 2021, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

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

Sector(s): Tucson, Tucson Field Office

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

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

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

Victim Classification: Family Unit, Guatemala

Late September, 2020

The Kino Border Initiative reported:

Earlier this week, a young couple with their baby who fled threats from organized crime in Honduras attempted to cross through the desert in Arizona to request asylum. They turned themselves in to Border Patrol near Tucson, and expressed their fear of returning to Honduras as well as the discrimination they have encountered in Mexico after being detained multiple times, denied health care amidst a serious illness in detention, and having wages stolen by an employer. The BP agents claimed they did not speak Spanish, and told them they could only request asylum at a port of entry with a CBP officer. When the family was returned to Mexico, they approached the downtown Nogales port of entry, only to be rejected. The CBP agent they spoke with refused to take any steps to assess their fear claims and turned them away.

— “October 1 Update from KBI” (Nogales: Kino Border Initiative, October 1, 2020).

Sector(s): Tucson, Tucson Field Office

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

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

Last Known Accountability Status: Shared with Congressional Oversight Committees, Unknown

Victim Classification: Family Unit, Honduras

Late September, 2020

The Kino Border Initiative reported:

Three unaccompanied minors were expelled to Nogales under Title 42 in late September. These children entered the United States in an attempt to seek asylum and reunite with their mother, after suffering abuse in the home of a family member in Mexico. In response, a Florence Project attorney accompanied the children to seek asylum at a Port of Entry in Nogales, advocating that the children receive a Credible Fear Interview. CBP turned the children away. Last week, the attorney tried again to accompany the children to the Port of Entry, this time to request humanitarian parole. Despite significant congressional advocacy and insistence by the attorney that the U.S. government uphold its obligation to these children under the Convention Against Torture, CBP informed the attorney that “no one without papers is allowed to enter at the southern border.”

— “October 15 Update From KBI” (Nogales: Kino Border Initiative, October 15, 2020).

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

Event Type(s): Denial of Protection to Most Vulnerable, Expulsion of Unaccompanied Minor

Last Known Accountability Status: Shared with Congressional Oversight Committees, Unknown

Victim Classification: Domestic Violence Victim, Mexico, Unaccompanied Child