35 Records of Alleged Abusive or Improper Conduct involving “Border Patrol” where the accountability status is “Complaint Filed with CRCL”

January 31, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Honduran woman’s inability, while in Border Patrol custody, to seek asylum and avoid Title 42 expulsion into Mexico.

A Honduran woman fled domestic abuse from a partner in Honduras who is connected to organized crime. She filed a police report in Honduras and he threatened her even more.

While traveling through Mexico, she feared being forced into prostitution to survive. She was able to avoid this. On the way to the United States, she was kidnapped by the cartel and ransomed for one thousand dollars. When a friend was able to pay the ransom, the cartel dropped her and 38 others off in the desert.

Once she entered the United States through the desert she was detained by Border Patrol. At that time, she told the Border Patrol agent she wanted a lawyer to claim asylum. The agent said she will be able to ask for one at the next facility. At the next facility she asked again and said she needed help to file for protection. The agent she spoke to at that facility knew Spanish. This agent said he couldn’t do anything about it and that she could tell someone in the next facility she will be transferred to. Then she was taken to the Tucson Border Patrol station where she told another agent she wanted a lawyer to file for asylum. The agent said he was not going to violate immigration law for her or anyone else. He said she did not have rights because she arrived illegally. She tried to tell her story of violence and persecution to several other agents, but the first one didn’t allow her to speak to anyone else and just shouted at her to get on the bus.

She was expelled to Nogales, Sonora. She fears that Mexico is also unsafe for her since it is where the cartel who kidnapped her operates. While in Mexico, she has been “approached by men in a dark vehicle” and she worries that she will be attacked.

KBI filed a February 5, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On February 25, CRCL emailed “that they received the complaint, recorded it intheir 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): Dangerous Deportation, Denial of Protection to Most Vulnerable, Lying or Deliberate Misleading

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

Victim Classification: Domestic or Gender-Based Violence Victim, Female, Honduras, Kidnap Victim

January 29, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described rough treatment during Border Patrol apprehension of a Guatemalan man in southern Arizona.

A Guatemalan man entered the United States near Sasabe, Sonora and walked for four hours before being met by Border Patrol who were on motorcycles. At first the man started to run, but when the official got closer, he stopped and put his hands up. The agent then grabbed him and shoved him to the ground, causing pain to his shoulder. He was then moved to Tucson. He was not given any medical attention for his shoulder. He was instead expelled to Nogales, while he was still experiencing pain.

On the same day the complaint was filed [February 2, 2021], the local CBP OPR contact responded inquiring about photos or medical records associated with the abuse. On 2/8/2021, a week after the initial complaint was filed, KBI received an email from CRCL stating 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, Denial of Medical Care, Use of Force

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

Victim Classification: Guatemala, Medical Condition, Single Adult

January 28, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed allegations of cruel treatment during a Border Patrol apprehension.

A Guatemalan man crossed into the United States and was detained in the desert. The border patrol agents who arrested them were driving a four wheeler. They drove really fast, right towards the immigrants. The immigrants had to jump out of the way to avoid being run over. The Guatemalan man fell over when he jumped out of the way. Despite not resisting arrest, an agent put his hand around the migrant’s neck and pulled him to handcuff him. The agents were laughing as they handcuffed him. Despite cold temperatures, he was made to remove his outerwear and walk only in a t-shirt. He was forced to walk 20 minutes handcuffed. Afterwards, he was transported to Tucson and promptly expelled.

KBI filed a January 29, 2021 complaint with the DHS Office of Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On March 18, 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, Endangerment

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

Victim Classification: Guatemala, Single Adult

January 2021

A report from the Kino Border Initiative (KBI) and NETWORK detailed the experience of a Honduran woman who had fled, with two teenage sons, after organized crime killed several members of her immediate family.

The guide who was taking them across the border instructed one of the boys to cross first. The woman and the younger son crossed later and were detained at the border in Southern Arizona. CBP officers shouted at them in English, which the woman and boy did not speak. Later, at the CBP station, she told an agent that she wanted to request asylum, and that she had a daughter who was living in the US with special needs. He said that at this time there is no access to asylum for single women. He said only unaccompanied minors could access asylum. She began to cry and said nothing else. She and her younger son were expelled to Mexico.

KBI filed a January 27, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On February 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): 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, Honduras

January 17, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed the experience of a Venezuelan man detained by Border Patrol after entering the United States.

He had narrowly escaped criminals who tried to pull him back to Mexico. They managed to take his backpack, which had his phone and other belongings. It was soon after this that he was detained. He was taken to Ajo Station, where he was forced to sign several documents, most of which were in English, a language he does not speak. He fled Venezuela because of persecution he experienced. When he told the agents he was afraid to return to Venezuela, they asked him which was more dangerous: Mexico or Venezuela. He told them he thought both were dangerous. The following day he was forced to sign papers and said he was being expelled under MPP; he was also told he would be given an opportunity to speak with an immigration official in Tucson the following day. This was a lie; he was never given this opportunity. He was transported to Tucson and expelled to Nogales, Sonora two days later.

KBI filed a January 22, 2021 complaint with the DHS Office of Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On January 29, 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): Denial of Protection to Most Vulnerable, Lying or Deliberate Misleading

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

Victim Classification: Single Adult, Venezuela

November 4, 2020

A report from the Kino Border Initiative (KBI) and NETWORK discussed the experience of a Guatemalan man who entered the United States, was detained by an Arizona state trooper, and ended up in Border Patrol custody.

The agents took him to a Border Patrol station. He expressed fear to the agents about returning to Mexico. The agents’ supervisor then said they will decide if they were going to send the Guatemalan man to Guatemala or Nogales. Later, he was taken to the border with a group of other immigrants by the Border Patrol. Everyone was asked to walk across the border to Mexico. He asked the agents why he was being sent to Mexico when he was Guatemalan. An agent hit him with a baton on the knee and threatened to hit him on the head. He was in a lot of pain and his knee became swollen. After that, some other agents came and told him to seek out the Guatemalan Consulate in Nogales and ask about his rights in Mexico. He walked to a park in Nogales, Sonora and slept in a park.

KBI spoke with the local CBP OPR representative on the same day they filed the complaint. OIG had already opened a complaint at this time. An OIG investigator followed up with KBI. Since that date, KBI has not received any updates as to consequences for the officer involved or whether the victim received any recourse.

— 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 Protection to Most Vulnerable, Use of Force

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

Victim Classification: Guatemala, 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

Early September, 2020

The Kino Border Initiative reported:

A Cuban woman, seven months pregnant, and who had been waiting for ten months with her husband to be processed for asylum in Nogales, recently attempted two border crossings in one day in a small Arizona border town. Despite the couple’s repeated expression of their fear of returning to Mexico to Border Patrol agents, the wife’s vulnerability as a pregnant woman, and the fact that Mexico has not agreed to receive Cubans under Title 42 expulsions, the two were quickly returned to Mexico both times. Rather than further assessing their fear claims, a Border Patrol agent instead suggested the woman might break her own water to prematurely induce labor as her only way to stay in the U.S.

— “September 3 Update” (Nogales: Kino Border Initiative, September 2020).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Denial of Protection to Most Vulnerable, Inappropriate Deportation, Return of Vulnerable Individuals

Last Known Accountability Status: Complaint Filed with CRCL, Shared with Congressional Oversight Committees

Victim Classification: Cuba, Family Unit, Pregnancy

Mid-July, 2020

The Kino Border Initiative reported:

We filed a complaint on behalf of a Cuban couple, who was kidnapped for months in Mexico. A government official in southern Mexico put them in contact with the woman who ended up kidnapping them. After several months they managed to escape, but the woman has continued to send threatening messages and says that she knows they are in Nogales.

When they crossed into the US and were detained, they tried to express their fear of return to Border Patrol agents. However, the agent responsible for processing them only replied “you think I’m here to solve your problems? … All Cubans come here with the same story” and “you are going back no matter what and you will have to figure out what to do.”

Another agent told them there was nothing he could do besides give them a speedy court date. He scheduled them for a July hearing, which has since been rescheduled to October due to the court cancellations. Both were returned to Nogales, Sonora with no access to an interview with a USCIS officer to assess their fear of return.

— “July 23 Update From KBI” (Nogales: Kino Border Initiative, July 23, 2020).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Complaint Filed with CRCL, Shared with Congressional Oversight Committees

Victim Classification: Cuba, Family Unit, Kidnap Victim

February 18, 2020

An ACLU complaint to the DHS Inspector-General cited the recent case of “Baby Sofía,” a six-week-old infant whose Honduran parents were apprehended in Border Patrol’s San Diego sector (original link).

The agent who transported the family to a nearby Border Patrol station subjected them to a reckless “rough ride,” causing Sofia to be jostled severely in her carrier as the Border Patrol vehicle traversed uneven terrain.[37] At the station, the agent who fingerprinted the family yelled at Gloria [the mother] and told her she was a terrible mother for bringing her baby to the United States.[38]

While the family was in custody, Sofía became ill. Agents brought the mother and daughter to a nearby emergency room, leaving the father in custody.

“At the emergency room, a doctor determined that Sofia was dehydrated and constipated. The doctor explained that there was little he could do for the baby, and insisted that the baby see a pediatrician as soon as possible. Instead—and in direct contravention of this medical advice—the Border Patrol returned Gloria and Sofia to detention.”

Through a second day in custody, the baby’s condition worsened. Mother and daughter were taken to a nearby children’s hospital.

“The examining physician again concluded that the infant was dehydrated and constipated, and administered a rectal suppository to help move the baby’s bowels. The doctor also scolded the Border Patrol agents who had accompanied Gloria and Sofia to the hospital, admonishing them that the conditions inside the facility (as Gloria had described them) ‘[were] no conditions for a newborn.'” Agents failed to follow doctors’ recommendation that the baby be given prune or fruit juice to soften her bowels.

Following two more days in custody and another visit to the emergency room, Border Patrol released the family to the San Diego migrant respite center. Sofía’s mother said that, since a final check-up in Tijuana, the baby’s weight had dropped in custody from 11.46 points to 8.82 pounds.

— ACLU Foundation of San Diego & Imperial Counties, ACLU Border Rights Center, “U.S. Customs and Border Protection and Border Patrol’s Abuse and Mistreatment of Detained Sick Children,” Letter to DHS Inspector-General Joseph V. Cuffari, February 18, 2020 https://cbpabusestest2.files.wordpress.com/2020/10/2020-02-18-dhs-oig-cmplt-2-final.pdf.

Footnotes from above:

[37] A “rough ride” is a euphemism for the practice of intentionally operating a vehicle in a manner that causes passengers physical harm, fear, or other discomfort. See, e.g., A.C. Thompson, “Dirtbag,” “Savages,” “Subhuman”: A Border Patrol Agent’s Hateful Career and the Crime That Finally Ended It, PROPUBLICA, Aug. 16, 2019, https://www.propublica.org/article/border-agents-hateful-career-and-the-crime-that-finally-ended-it; Ieva Jusionyte, Pain on the Border: Fieldnotes from a Migrant Aid Center in Nogales, Mexico, REVISTA: HARVARD REVIEW OF LATIN AMERICA (“Displacements” Issue) (Winter 2017), https://revista.drclas.harvard.edu/book/pain-border.

Infants are uniquely vulnerable to head and spine injuries, especially traumatic brain injuries, even when in appropriate car seats during motor vehicle accidents. See, e.g., Camille L. Stewart et. al., Infant Car Seat Safety and Risk of Head Injury, 49 J. PEDIATRIC SURGERY 193, 195 (2014), https://www.jpedsurg.org/article/S0022-3468(13)00773-2/pdf.

[38] ACLU has additional identifying details about this agent, which it can share with OIG upon request.

Sector(s): San Diego

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Medical Care, Rough Rides

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

Victim Classification: Family Unit, Honduras