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

Early August, 2022

“In the past 2 weeks, Kino has served 16 people that DHS has deported between 12 am and 3 am,” the Nogales, Arizona-based Kino Border Initiative (KBI) reported on August 18.

Esmeralda [name changed to protect privacy] fled violence in Nicaragua and entered the US to request asylum, she was forced to wait in Mexico under MPP, due to the dangers and inhuman conditions on the Mexican northeast border, she tried to request asylum again in Arizona,  Border Patrol expelled her to Nogales at midnight, upon which Mexican police robbed her. 

— “August 18 Update from KBI” (Nogales: Kino Border Initiative, August 18, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Last Known Accountability Status: Unknown

Victim Classification: Female, Nicaragua, 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

May 3, 2022

Activist Scott Nicol reported finding a Nicaraguan birth certificate, a cell phone, and a child’s stuffed animal beside the border wall in Hidalgo, Texas. The items, discarded by Border Patrol agents, were the personal belongings of asylum-seeking migrants who regularly turn themselves in at this site.

That day, the Border Chronicle featured Nicol’s documentation of items he has recovered near the wall in south Texas. “What really got to me were the x-rays I found. They were for a six-year-old boy, and it showed a steel rod in his spine. It was obviously for an asylum claim Why would anyone part with those?”

— ”Scott Nicol @Scott_NicolTX on Twitter” (United States, Twitter, May 3, 2022) https://twitter.com/scott_nicoltx/status/1521488561165504513.

— Melissa del Bosque, “The Things They Carried: Is the Border Patrol discarding asylum seekers’ documents?” (United States: The Border Chronicle, May 3, 2022) https://www.theborderchronicle.com/p/the-things-they-carried-is-the-border.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Nicaragua

January 13, 2022

A January 2022 Human Rights First report recounted the experience of four Nicaraguan and Venezuelan asylum seekers who were laterally flown from McAllen to El Paso, Texas, detained for more than 10 days, then placed into the “Remain in Mexico” (RMX) program.

The men had crossed the border near the Rio Grande Valley in November 2021, where CBP initially detained them in horrible conditions in hieleras (extremely cold cells), woke them in the middle of the night, shackled them by their hands, feet, and waists, and then flew them to El Paso. There they were held in CBP cells for several more days before being sent to Ciudad Juárez under RMX. CBP falsely told some of the men that they were being transferred for release to family members in the United States.

A Shameful Record: Biden Administration’s Use of Trump Policies Endangers People Seeking Asylum (New York: Human Rights First: January 13, 2022) https://www.humanrightsfirst.org/resource/shameful-record-biden-administration-s-use-trump-policies-endangers-people-seeking-asylum.

Sector(s): El Paso, El Paso Field Office, Rio Grande Valley

Agency(ies): Border Patrol, CBP

Event Type(s): Conditions in Custody, Lying or Deliberate Misleading

Last Known Accountability Status: Unknown

Victim Classification: Nicaragua, Single Adult, Venezuela

Mid-September, 2021

A report from Human Rights First discussed the separation of a 16-year-old Nicaraguan child from his parents near Eagle Pass, Texas.

In September 2021, DHS separated a 16-year-old Nicaraguan child from his parents when the family sought asylum at the border near Eagle Pass, Texas, and jailed him alone in adult ICE detention facilities in Mississippi and Louisiana for one-and-a-half months. CBP officers ripped up the boy’s birth certificate, interrogated him about his age, threatened to imprison him for 10 years, and forced him to sign a document stating that he was 18. At the Pine Prairie ICE Processing Center, ICE held the boy in an isolation cell for 18 days. He told Telemundo News: “To spend 24 hours in there, locked up, with the doors locked, without going out. It was terrible. There was no hope of leaving that place.”

Noticias Telemundo described the 16-year-old’s treatment at the hands of the Border Patrol agents who apprehended him.

They doubted that they were a family. The son burst into tears, as he recounts. “They started telling me ‘tell us your real age.’ And for about twenty times I repeated the same thing: 16 years old, 16 years old. They got mad at me and told me that they were going to hold me and my family in prison for ten years, and that they were going to deport me.”

“Angel” says he signed a rudimentary, makeshift piece of paper the agents handed him, on which they only wrote his name and that he was 18 years old. He says he felt intimidated and forced to sign by the two agents’ shouting and threats.

…The mother, Luz Zelaya, says that she, meanwhile, had her son’s birth certificate torn up. It is a printed document stating that the minor was born in a municipality in northern Nicaragua in 2005, issued by local authorities days before his departure at the end of August 2021.

“This is no good’. And ra, ra, he tore it to pieces and put it in the trash. ‘You’re lying to me. I’m not dumb,’ he tells me,” recalls Zelaya, a 29-year-old mother who had her son almost as a child and has been with her current husband, who is not Angel’s biological father, for more than a decade. “We never saw him again.”

The minor was detained for a few days in Border Patrol custody in Texas, along with some 80 adult men, in a room where “you had to stand up, you couldn’t even sleep on your stomach,” as he describes it. From there, he was shackled by his hands, feet and waist to be put on a plane bound for an ICE detention center for single adults, Adams County Detention Center, in Mississippi.

“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.

— Damià Bonmatí, Belisa Morillo, “Aislado en una prisión con solo 16 años: la odisea de un menor que fue separado de sus papás en la frontera” (United States: Noticias Telemundo, December 15, 2021) https://www.telemundo.com/noticias/noticias-telemundo/inmigracion/separacion-bajo-el-gobierno-biden-asi-fue-la-odisea-de-un-menor-de-16-rcna8638.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Abuse of Minor, Abusive Language, Conditions in Custody, Conditions of Arrest or Apprehension, Confiscation of Documents, Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Family Unit, Nicaragua

Early September, 2020

The Kino Border Initiative reported:

A father of two who fled death threats in Nicaragua arrived in Nogales last week after attempting to cross between ports of entry to request asylum in the U.S. After being abandoned by a guide and waiting with his nephew in the desert for days without food or water, he was detained by Border Patrol. He fainted when they arrived at the detention center, and then was hospitalized for 9 days, during which time he received dialysis for the severe damage done to his kidneys by dehydration.

Border Patrol agents removed him from the hospital in a wheelchair before he received official release from the hospital, and deported him to Mexico with no shoes, socks or underwear, only the hospital gown he was wearing. Hardly able to walk, he was deported alone and forced to walk barefoot over rocky ground to the Mexican immigration office. This, after expressing to numerous Border Patrol agents and hospital staff his fear of returning to Mexico and desire to seek asylum in the U.S.

— “September 17 Update” (Nogales: Kino Border Initiative, September 2020).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Denial of Medical Care, Denial of Protection to Most Vulnerable, Return of Vulnerable Individuals

Last Known Accountability Status: Unknown

Victim Classification: Medical Condition, Nicaragua, Single Adult