9 Records of Alleged Abusive or Improper Conduct involving “Border Patrol” where the victim classification is “Black”

July 2022

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

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

Sector(s): Yuma

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Black, Cuba

September 2021

Human Rights First reports:

In September 2021, DHS expelled an asylum-seeking Haitian family to Haiti after holding them for days in a freezing cell without sufficient food. DHS separated the family from an adult brother who had crossed into Del Rio, Texas with them where they had attempted to seek asylum together based on political persecution. The family remains in hiding in Haiti, terrified their persecutors will find them, according to Blaine Bookey from the UC Hastings Center for Gender & Refugee Studies.

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

Sector(s): Del Rio

Agency(ies): Border Patrol, DHS

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

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti

Late September, 2021

“Belone Mpembele, an asylum seeker from Angola, was expelled to Haiti by the United States due to its failure to provide access to the U.S asylum system or even screen individuals at the border in its rush to expel Haitians in September 2021,” reported Human Rights First. The Guardian reported from Port-au-Prince that the Angolan migrant “had never set foot in Haiti. ‘I told them I am not Haitian,’ said Belone Mpembele, as he emerged, dazed, from the terminal. ‘But they didn’t listen.’”

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

— Joe Parkin Daniels, “‘They treated us like animals’: Haitians angry and in despair at being deported from US” (Port-au-Prince: The Guardian, September 26, 2021) https://www.theguardian.com/global-development/2021/sep/26/they-treated-us-like-animals-haitians-angry-and-in-despair-at-being-deported-from-us.

Sector(s): Del Rio

Agency(ies): Border Patrol, DHS

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

Last Known Accountability Status: Unknown

Victim Classification: Angola, Black

September, 2021

A report from Human Rights First quoted a Somali asylum seeker who spent weeks in Border Patrol custody, then failed a credible fear interview “despite apparent eligibility for asylum and redesignation of Somalia for TPS”:

“Border Patrol took me to detention . . . it was the worst nightmare that had ever happened to me. They wouldn’t give me a toothbrush for 18 days. It was harsh . . . then I had my credible fear interview around a month later . . . after all that I have gone through, they just give you one interview. After that interview, you are done . . . they deported me in September 2021.”

“I’m a Prisoner Here”: Biden Administration Policies Lock Up Asylum Seekers (New York: Human Rights First, April 21, 2022) https://www.humanrightsfirst.org/resource/i-m-prisoner-here-biden-administration-policies-lock-asylum-seekers.

Sector(s): Border-Wide

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Black, Single Adult, Somalia

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.”

In September 2022, the Haitian Bridge Alliance, African Communities Together, and UndocuBlack Network filed a lawsuit to compel DHS to respond to Freedom of Information Act requests for records regarding the treatment of Haitian migrants during the Del Rio event. “U.S. agents harassed and intimidated migrants, including through physical force. And then, abruptly, the government rounded up and expelled thousands of the migrants, forcing many to return to Haiti, a country that could not safely receive or protect them,” the groups’ complaint reads.

— 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>.

— Bernal, Rafael. “Haitian Advocates File Lawsuit against Biden Administration over Del Rio.” The Hill. September 30, 2022. <https://thehill.com/latino/3669222-haitian-advocates-file-lawsuit-against-biden-administration-over-del-rio/>.

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

Mid-September, 2021

According to Robert F. Kennedy Human Rights and the Haitian Bridge Alliance, during the September 2021 mass migration event in Del Rio, Texas, CBP provided “extremely limited access to food and water. “In the initial days of the crisis, CBP personnel arranged a minimal number of service stations in the encampment and began providing a small bread roll and one bottle of water per person, per day. Individuals were required to wait in line, often for over an hour.”

As U.S. officials began handing out food and water, one Haitian man waited in line with hundreds of others to receive a bottle of water and a piece of bread. As he waited for food, he observed that the rations were not enough to sustain him and his family. He also saw how officials distributing the food taunted the asylum seekers by throwing water bottles at them. He described the experience:

“It was humiliating. It felt like at home how you would throw food for chickens on the floor. That’s how they treated us. It felt like they did enough so we wouldn’t die but no more than that. It felt like a nightmare.” [150]

The RFK-HBA report finds that the lack of access to clean water forced many Haitians in Del Rio to drink from the Rio Grande, which is not potable, sickening many.

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.

Footnote from above:

[150]: Haitian Bridge Alliance v. Biden, No. 1:21-CV-03317 (D.D.C.) (filed Dec. 20, 2021), https://i com/data/documenttools/hba-v-biden/a8106eacd7c45afe/full.pdf.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Denial of Food or Water

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti, Single Adult

Mid-September, 2021

In a March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance (HBA), narrating the September 2021 mass migration event in Del Rio, Texas, migrants’ testimonies offered several examples of CBP personnel denying medical care.

Many individuals reported that CBP personnel outright denied their requests for medical care, telling them to “go back to Mexico.” Multiple individuals reported that when they requested medical assistance from personnel, instead of medication or medical assistance, they were given a single piece of bread and a hot water bottle. For example, a Haitian man traveling with his wife and two-year-old daughter described how his daughter became very sick with gastrointestinal issues and respiratory issues from the dust.[166] She was vomiting frequently, had a high fever, and visible difficulty breathing. Despite the man’s pleading and repeated requests for help, CBP personnel denied this man’s child medical treatment on September 18th.

A Haitian woman’s son had constant diarrhea and developed a high fever. Eventually her son was so ill that she twice sought help at a medical tent where there were personnel who appeared to be doctors.[167] The woman recalled that the medical personnel treated her baby “like he was nothing.” Instead of paying attention to and treating her son, they kept taunting her by asking her “when her number would be called so that she would be put in jail and then deported.” Eventually they gave her some liquid drops and some ice gel packs for his fever, but those treatments did not appear to help her son’s condition. One couple described that when their nine-month-old child developed a severe rash from the dust, they went to the medic tent on September 21st to request medical assistance. [168] The personnel at the medic tent gave the couple a hot bottle of water and refused to provide the infant with further medication or medical care.

…One newborn infant almost died after being held in the encampment for several days. He survived only after HBA intervened and advocated for his admission to a hospital in Del Rio. The newborn’s condition had grown so precarious that, after he was finally removed from the Del Rio encampment, he had to be airlifted to a hospital in San Antonio, Texas where specialists were able to intervene and provide life-saving medical treatment.[171] One Haitian woman described, “I witnessed pregnant women going into labor taken in to give birth and then sent back under the bridge without further access to healthcare. And that was really heartbreaking for me. I’ll never forget that.”[172] An individual reported that after a pregnant Haitian asylum seeker went into labor, U.S. officials eventually took the woman out of the encampment, but then returned her and her newborn to the encampment mere hours after delivery.[173]

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.

Footnotes from above:

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

[167]: Haitian Bridge Alliance v. Biden, No. 1:21-CV-03317 (D.D.C.) (filed Dec. 20, 2021), https://i com/data/documenttools/hba-v-biden/a8106eacd7c45afe/full.pdf.

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

[171]: In-person interview and observation by HBA caseworker with Haitian individual in Del Rio, Texas (Sept. 19-25, 2021).

[172]: In-person interview by HBA case worker with Haitian individual in Del Rio, Texas (Sept. 23, 2021).

[173]: Haitian Bridge Alliance v. Biden, No. 1:21-CV-03317 (D.D.C.) (filed Dec. 20, 2021), https://i com/data/documenttools/hba-v-biden/a8106eacd7c45afe/full.pdf.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Denial of Medical Care

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Black, Family Unit, Haiti, Medical Condition, Pregnancy, Single Adult

Mid-September, 2021

A March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance included this testimony from a Haitian migrant who claims that CBP actions endangered him while crossing the Rio Grande during the September 2021 mass migration event in Del Rio, Texas.

One Haitian migrant described how as he was attempting to cross the Rio Grande and return to the encampment with food for himself and others, a CBP officer dismounted from his horse and deliberately cut the rope the migrant was using to navigate the deep water and strong current of the river.[186] He was in the middle of the river when the officer cut the rope and watched as the officer threw the severed rope into the Rio Grande and shouted that they could not return to the American side of the border. When the rope was cut, several other Haitians attempting to cross fell into the river and struggled to swim. He noted that “I thought I was going to die. I went through a lot of misery.”[187] This individual also saw CBP personnel hit and push Haitians closer to the river bank back into the water.

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.

Footnotes from above:

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

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

Sector(s):

Agency(ies): Border Patrol

Event Type(s): Endangerment

Last Known Accountability Status: Unknown

Victim Classification: Black, Haiti, 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