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

Mid-July, 2022

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

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

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

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

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Guatemala

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

Mid-June, 2022

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

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

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

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

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

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

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

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

Early April, 2022

The Kino Border Initiative (KBI) reported about a man whom Border Patrol injured and expelled into Mexico near Nogales, Arizona:

Last week, a Border Patrol agent ran over Marco Antonio (not real name), a Guatemalan national, with his four-wheeler before pushing him to the ground and detaining him. The BP agent first hit him with the front bumper and then ran over his right leg with one of the front wheels. Another BP agent realized that Marco Antonio could not walk, and so picked him up and carried him to another four-wheeler to transport him to the hospital. At the hospital, Marco Antonio was treated for severe dehydration and a dislocated knee joint. Hours later, he was transported to the border in Nogales, where they arrived around noon. Mexican immigration officials refused to accept him because of his condition, as he was unable to walk. Border Patrol then drove him back to the station, and later that day, they took him back to Nogales, where they expelled him on or after 10PM, when there were no Mexican authorities to receive him.

— “April 14 Update from KBI” (Nogales: Kino Border Initiative, April 14, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Dangerous Deportation, Pedestrian Strike, Return of Vulnerable Individuals

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

Victim Classification: Guatemala, Single Adult

Early April, 2022

The Kino Border Initiative (KBI) reported about two Guatemalan men who were expelled to Nogales, Mexico in the middle of the night:

Pablo and William (not real names) arrived at Kino the morning after Border Patrol agents expelled them to Nogales, México. They are both Guatemalan nationals, and had originally crossed in another location, and so were unfamiliar with the area. They both reported that they were expelled around 2 in the morning. As they did not have anywhere to go, they spent the night out in the open, trying to sleep on the ground, and without anything to protect themselves from the cold. Pablo is an older man, while William is in his early twenties. Pablo indicated that when Border Patrol detained him, he requested medical attention as he felt severely dehydrated. Although he complained to Border Patrol of chest pains and a headache, his request was ignored. It was only after he arrived to Kino that he was finally able to receive medical assistance.

— “April 14 Update from KBI” (Nogales: Kino Border Initiative, April 14, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Denial of Medical Care

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

Victim Classification: Guatemala, Single Adult

Late March, 2022

The Kino Border Initiative (KBI) reported about a woman whom Border Patrol expelled to Nogales though she had proof of being raped by her smugglers. The agent, she said, confiscated her medical document:

Border Patrol expelled a young Guatemalan woman to Nogales, Mexico last week despite the fact that she had been repeatedly raped by the guides that brought her across the border into the US. Her attackers threatened her life if she went to the authorities. One Border Patrol agent insinuated that the woman was lying about the attack, and tried to convince her not to undergo a forensic examination that would verify the abuse. When she showed paperwork from the hospital examination to a Border Patrol agent as proof of the attack, asking that he not send her back to Mexico, the Border Patrol agent confiscated the paperwork and did not return it to her.

An October 3, 2022 letter from a coalition of Arizona-based groups, led by ACLU Arizona, to CBP Commissioner Chris Magnus included further information about this case.

She handed the one of the Border Patrol agents the paperwork in the hope that it might persuade them to let her apply for asylum, but the agent did not return it and the woman was expelled back to Mexico without the documentation. The Guatemalan consulate later attempted to help the woman apply for a U-Visa since she experienced the crime in the United States, but she no longer had any of the medical documentation to substantiate it.

— “March 31 Update from KBI” (Nogales: Kino Border Initiative, March 31, 2022).

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

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Female, Guatemala, Sexual Abuse Victim, Single Adult

Late March, 2022

The Kino Border Initiative (KBI) reported about a family expelled to Nogales despite pleading with a Border Patrol agent for asylum:

A Guatemalan father traveling with his wife and three children, 2 of whom are US citizens, shared with KBI staff that US officials refused to hear their asylum claim. The family crossed into the US through the desert and turned themselves into Border Patrol agents to ask for asylum. His wife tried to explain their case to one Border Patrol agent, and he responded, “Shut up lady, don’t ask!” When Border Patrol put the family on a bus to expel them, she pleaded with another agent to at least let her US citizen children stay so they could be safe, since they have a right to be in the country. The agent refused and said the whole family would be going to Mexico.

— “March 31 Update from KBI” (Nogales: Kino Border Initiative, March 31, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

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

September 14, 2021

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

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

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

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

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

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

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

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

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

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

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

Victim Classification: Guatemala, Medical Condition, Unaccompanied Child

Mid-August, 2021

The Kino Border Initiative reported:

A woman from Guatemala who was migrating with her younger sister was expelled to Nogales last week after Border Patrol apprehended the sisters in the desert. Because the younger sister was a minor and her older sister was not her legal guardian, the sisters were separated when they were apprehended. The younger sister was kept in the custody of the Office of Refugee Resettlement, and the older sister was expelled to Nogales. Border Patrol gave her no information whatsoever about what they had done with her younger sister, and she had no idea how to locate her. She was one of three women who came through KBI recently in the same situation.

— “August 19 Update From KBI” (Nogales: Kino Border Initiative, August 19, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Family Separation

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

Victim Classification: Accompanied Child, Family Unit, Guatemala, Single Adult

Mid-August, 2021

The Kino Border Initiative reported:

A Guatemalan man who was migrating due to extreme poverty attempted crossing into the U.S. near McAllen, Texas. Border Patrol apprehended him, held him under a highway bridge for several days [Border Patrol’s “Temporary Outdoor Processing Site” (TOPS) facility in Mission, Texas], then told him they would arrange transport to his family members in the United States.

They flew him to Tucson, and when they took him off the flight, told him they would take him to a place where he could sign papers for the transport to his family. Instead, they put him on a bus to Nogales, where he was expelled. He did not know he was being expelled until he reached the port of entry.

— “August 19 Update From KBI” (Nogales: Kino Border Initiative, August 19, 2021).

Sector(s): Rio Grande Valley, Tucson

Agency(ies): Border Patrol

Event Type(s): Lying or Deliberate Misleading

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

Victim Classification: Guatemala, Single Adult

August 1, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described Border Patrol agents’ violent apprehension of a group of six migrants in Arizona.

A Guatemalan man in a group of six entered the United States and encountered Border Patrol agents. One of the agents pushed one of the men down with a knee on his back. Another man from the group was running, and the dog the agents brought with them attacked him and knocked him face down into a cactus. One of the spines penetrated near his eye, causing his face to bleed. When the man with eye injury asked for help, the agents said no, and that this is what happens to people who come here.

An agent grabbed the Guatemalan man who filed this complaint by the back of the neck and shoved him. The agent lunged to try to shove him again; when he ducked down the agent kept going forward and hurt himself on the cactus spines. Angered by this, the agent grabbed the Guatemalan man by the neck. The man said he felt like he was being choked. The Guatemalan man was injured as he had cactus spines stuck in his legs. He was not allowed to take them out until the next day.

The Guatemalan man’s brother-in-law was also in the group. He was dehydrated and vomiting. As he lay on the ground, begging for water, an agent put his foot on the man’s back and then kneeled on him. It was not until they arrived at a temporary outpost nearly two hours later that they got water.

The group was expelled to Nogales, Sonora the next morning, where Kino then took them to the hospital.

KBI filed an August 4, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). As of August 17, 2021, KBI had not yet received a response.

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 Food or Water, Denial of Medical Care, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR

Victim Classification: Guatemala, Medical Condition, Single Adult

July 30, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the improper expulsion into Mexico of a Guatemalan man, resident in Arizona, with documented status in the United States.

A Guatemalan man who has been in the United States since 2005 was detained in the desert while trying to pick up his wife. He went to pick her up, but they got lost in the desert. Eventually they called 911 for help. The Pima County Sheriff’s officer then detained them. Border Patrol arrived at the scene, and they were then handed over to them.

Despite having a work permit, which he tried to present to agents, he was not allowed to leave the checkpoint. He was not crossing the border. CBP officers then forced him to sign a document and put him in a vehicle and they told him he was going to be expelled under Title 42. He was expelled in Nogales.

KBI filed an August 9, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). As of August 17, 2021, KBI had not yet received a response.

The same report described Border Patrol’s expulsion of the man’s wife who, though undocumented, had been in the United States since 2018 and thus should not have been subject to expulsion.

A Honduran woman who has been in the United States since 2018 was visiting a friend when they noticed a CBP checkpoint on the way. Fearing what may come, she got out of the car on the roadside to avoid the checkpoint because of her immigration status. She called her husband to pick her up, but he refused to come at first, fearing that he would be mistaken for a smuggler. Eventually, he came to get her, but they got lost in the desert and in the early hours of the morning called 911 to rescue them.

The Pima County Sheriff’s officer then detained her. CBP arrived at the scene, and she was handed over to them. She was not crossing the border. The CBP officers then forced her to sign a document and put her in a vehicle, telling her she was going to expelled under Title 42. She was expelled in 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): Tucson

Agency(ies): Border Patrol

Event Type(s): Inappropriate Deportation

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR

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

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 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

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

Late April, 2021

The Kino Border Initiative reported:

A Guatemalan father who had been expelled from the US four months ago was selling food in the street with his family one day when an armed man arrived and killed him in front of his wife and seven-year-old daughter. His wife and daughter fled their hometown to seek protection in the US and crossed between ports of entry to assert their asylum claim. The woman carried her husband’s death certificate and showed it to Border Patrol agents, who accused them of purchasing the document at a pharmacy and refused to hear their fear claim.

— “April 29 Update From KBI” (Nogales: Kino Border Initiative, April 29, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Family Unit, Guatemala

April 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted the conditions of a Guatemalan man’s apprehension by Border Patrol in Arizona, which appeared to involve aggressive use of canines.

A Guatemalan man entered the United States in a group of three and was met by five Border Patrol agents. The agent had dogs and the man was afraid of dogs, so he ran and hid so that the dogs would not bite him. Then the agent forcefully grabbed him by the back of the neck and handcuffed him to other detained migrants. The agents were screaming in English, but the Guatemalan man did not understand English. The man complained that the handcuffs were too tight, but the agents did not respond. The agent’s dog ran between the three immigrants, causing one to fall first and take the others down with him. The Guatemalan man who made this complaint fell on his wrist and his handcuffs got tighter. He asked again that they loosen the handcuffs but there was no response. His right wrist was bruised for days after he was expelled.

KBI filed an April 7, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). As of August 17, 2021, KBI had received no response.

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

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR

Victim Classification: Guatemala, Single Adult

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

April 3, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the apprehension and expulsion of a Guatemalan man who, after fleeing extortion and threats in his country, was kidnapped and tortured for two weeks during his journey through Mexico.

He managed to flee his kidnappers to continue to the U.S. In the U.S., he and two friends encountered one Border Patrol agent. The agent first handcuffed the other two to each other with chains. The agent then kicked the Guatemalan man who made this complaint in the left ankle, which caused him to collapse. The agent picked the man up by his shoulder and put him in the back of the truck. The agent expelled the man to Nogales, Sonora despite the injuries the agent had inflicted and the fact that he was kidnapped in Mexico. He was never given an opportunity to speak to anyone else about his fear of return.

KBI filed an April 13, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 30, 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

Agency(ies): Border Patrol

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

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

Victim Classification: Guatemala, Kidnap Victim, Single Adult

April 2, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted a Guatemalan asylum seeker’s experience in custody in Border Patrol’s outpost at Sasabe, Arizona, and station in Tucson, Arizona.

A Guatemalan woman crossed into the United States walking through the desert. She became ill and fainted. When she came to, a Border Patrol Agent was standing over her. She was taken to an outpost and processed.

There, she told the agents about the violence she had faced, and that she had proof of threats she had received. The agent said he didn’t speak Spanish but that she should take it up with officers at the next station. In Tucson, she was made to remove her outerwear (her jacket and two shirts and a pair of pants) even though the facility was cold.

She was sent into room with a TV, and on the TV screen it said that if anyone was experiencing violence, they should speak to an agent. She then called the agents and said she wanted to apply for asylum. They told her that was unavailable because of the pandemic. The agents started yelling at her that she should have gone to a port of entry if she wanted asylum, and that she was breaking the law by coming this way. They said to her that she was doing what the mafia does, crossing the border illegally.

Additionally, officers threw the name of her abuser in her face and taunted her, telling her they were going to call him. She felt humiliated by the agent’s actions. By this time, she had had three separate agents decline to help her apply for asylum. She was expelled to Mexico the next morning.

As of 8/17/2021, KBI has received no response to this complaint [filed on June 15, 2021].

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, Denial of Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR

Victim Classification: Domestic Violence Victim, Female, Guatemala, Single Adult

Early April, 2021

The Kino Border Initiative reported Border Patrol’s expulsion to Mexico of a Guatemalan asylum seeker despite his claims of fear of return, and his claims to have suffered abduction and assault while in Arizona:

A Guatemalan man who entered the US to seek asylum earlier this month got lost while walking in the desert. As he and the man he was traveling with tried to find their way in the desert in southern Arizona, a group of three armed men dressed in black began firing shots at them. The armed men threw the men to the ground, tied their hands, covered their eyes with blindfolds, and took them to a house where they beat him, took his clothes off, tied him up, and left him outside for an entire day and night. The following day, the kidnappers left him on the side of the road, where he sought help and eventually laid down to await Border Patrol agents. The man attempted to assert his fear of traffickers in Mexico with Border Patrol Agents at the field station and later at the processing center in Tucson, but all officials with whom he spoke ignored his fear-based claims. BP agents returned him to Nogales, Mexico, where he is at risk of further attack by his traffickers.

— “April 15 Update From KBI” (Nogales: Kino Border Initiative, April 15, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Guatemala, Kidnap Victim, Single Adult

Early April, 2021

The Kino Border Initiative reported: “A young Guatemalan man expelled to Nogales, Sonora under Title 42 last week reported that Border Patrol agents threatened to run him over with their four wheeler. They also intimidated him and said things like, ‘Why are you even here?'”

— “April 15 Update From KBI” (Nogales: Kino Border Initiative, April 15, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Threat of Violence

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

Victim Classification: Guatemala, Single Adult