369 Records of Alleged Abusive or Improper Conduct involving “CBP”

February 25, 2023

Three migrants and a U.S. citizen died in the pre-dawn hours of February 25 in a crash following a Border Patrol chase in Rio Bravo, near Laredo, Texas.

A Border Patrol agent sought to stop a sedan near the site where a remote camera had detected a suspected group of undocumented migrants. The agent “activated his vehicle’s emergency equipment to conduct a vehicle stop,” according to a CBP release. (Original link) “The sedan slowed but then accelerated, failing to yield to the agent’s emergency equipment.”

The agent gave chase, but “reportedly lost sight of the vehicle,” which then hit a speed bump, lost control, and crashed in front of a residence. The car “was airborne when six people were ejected and the car landed on its roof,” according to Rio Bravo Fire Chief Juan González. Video footage obtained by CBP’s Office of Professional Responsibility showed the Border Patrol agent arriving at the scene of the collision 24 seconds after it happened.

The driver, a 19-year-old male U.S. citizen, and an unidentified passenger were declared deceased at the scene. A male citizen of Guatemala was declared dead at the Laredo Medical Center. An unidentified passenger was declared dead at Laredo’s Doctors Hospital. Border Report reported that the sedan had a total of six migrants aboard.

CBP’s release noted that the incident was “under investigation by Webb County Sheriff’s Office, Texas Department of Public Safety, and CBP’s Office of Professional Responsibility.” The DHS Office of Inspector General was notified.

— U.S. Customs and Border Protection. “Four Dead; Multiple Injured after Driver of Suspected Human Smuggling Vehicle Crashes near Rio Bravo, Texas,” March 10, 2023. <https://www.cbp.gov/newsroom/speeches-and-statements/four-dead-multiple-injured-after-driver-suspected-human-smuggling>.

— Sanchez, Sandra. “U.S. Citizen, 3 Migrants Die in Border Patrol Chase, Rio Bravo Fire Chief Says.” BorderReport, February 27, 2023. <https://www.borderreport.com/immigration/border-crime/u-s-citizen-3-migrants-die-in-border-patrol-chase-rio-bravo-fire-chief-says/>.

Sector(s): Laredo

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Shared with DHS OIG, Under Local Police investigation, Under OPR Investigation

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

February 21, 2023

Media and NGO reporting indicated that CBP began forcing asylum-seeking families to separate at the borderline when only some family members were able to secure appointments, via the “CBP One” smartphone app, at ports of entry. Due to a very limited number of exemptions to the Title 42 expulsions policy, these appointments are scarce, and difficult to obtain for parents and children all together.

In February 2023 CBP officers on the borderline reportedly began more strictly enforcing appointments, refusing entry to family members who had not managed to secure appointments with the app, even as they accompanied spouses or parents with appointments.

The Rio Grande Valley, Texas Monitor reported on the scene at the bridge between Reynosa, Tamaulipas and Hidalgo, Texas:

Over on the Hidalgo bridge connecting with Reynosa, Priscilla Orta, an attorney working with Lawyers for Good Government, was in line last Wednesday waiting to cross back into the U.S.

“Next thing I know, there it is, at the bridge, you’re seeing it — people are being forced to make the decisions, families are fighting, there’s crying, they’re screaming,” Orta said.

Families she spoke with also reported feeling jilted by the sudden enforcement that meant they’d have to make a quick decision.

Orta returned to frantic families in Reynosa the next day with questions that CBP is attempting to address.

“I think what’s happening now is that they are trying to correct the issue,” Orta said. “But it’s a pretty big issue, because there are no slots,” she said, referring to the appointment slots available. “They’re gone sometimes by 8:03 a.m. We have sometimes seen that the spots are gone by 8:01 a.m. And everyone knows it.”

On February 24, 2023, the Los Angeles Times cited a Venezuelan migrant who went through this experience in Matamoros, Tamaulipas:

The 25-year-old from Venezuela eventually secured appointments for himself and his wife, but the slots filled up so quickly that he couldn’t get two more for their children. They weren’t worried though — they had heard about families in similar situations being waved through by border officials.

Instead, he said, a U.S. Customs and Border Protection agent told them last week that because each member of the family did not have an appointment: “You two can enter, but not your children.”

— Gonzalez, Valerie. “Families Consider Separation to Seek Asylum as They Face Limited Appointments through CBP App.” The Monitor. February 22, 2023. <https://myrgv.com/local-news/2023/02/21/families-consider-separation-to-seek-asylum-as-they-face-limited-appointments-through-cbp-app/>.

— Castillo, Andrea. “Forced to Apply for Asylum on an Overloaded App, Migrants Face Decision to Split up Families or Wait Indefinitely.” Los Angeles Times. February 24, 2023, sec. Politics. <https://www.latimes.com/politics/story/2023-02-24/asylum-seeking-families-consider-separation-shortage-mobile-app-appointments>.

Sector(s): Laredo Field Office

Agency(ies): Office of Field Operations

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Venezuela

Late January, 2023

Reporting on February 2, 2023, the Nogales-based Kino Border Initiative (KBI), which maintains a migrant shelter in Nogales, Sonora, stated, “Over the past 2 weeks, 5 people reported being expelled or deported between 10 pm and 5 am, most of whom had to sleep on the street.”

— “Early February Update on Asylum, Border, and Deportations from KBI” (Nogales: Kino Border Initiative, February 2, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Last Known Accountability Status: Unknown

Victim Classification:

Late January, 2023

Reporting on February 2, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case of family separation in Border Patrol custody.

Emelia [name changed to protect privacy] was traveling with her 6 year old granddaughter who suffers from epilepsy and needs to be reunited with her mother who lives in the US. Although Emelia had a notarized letter giving her permission to travel with her granddaughter as well as her medical diagnosis, BP [Border Patrol] separated her from her granddaughter, who wears a diaper and doesn’t verbally communicate due to her disability.

— “Early February Update on Asylum, Border, and Deportations from KBI” (Nogales: Kino Border Initiative, February 2, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Disability, Family Unit

January 13, 2023

A male citizen of Mexico died on January 13 in the back of a Border Patrol vehicle that was transporting him, handcuffed, from a remote Arizona location to a hospital.

A long narrative that CBP published on February 27 relates that the man was taken first from the field to a Border Patrol operating base, then to the Border Patrol’s Ajo Station in Why, Arizona, then to the Abrazo Buckeye Emergency Medical Center in Buckeye, Arizona. (Original link) It was during the last leg of the trip that the man passed away. “Upon arrival at the ambulance entrance, one of the agents attempted to wake the man to no avail.”

The CBP release narrates that the deceased man at one point “began to kick the interior of the USBP vehicle,” and later was “acting in a combative and agitated manner while sitting in the back seat.” He had “sustained an injury to his left ankle while attempting to elude apprehension,” and agents “suspected the man’s behavior may be related to the ingestion of drugs.”

“The Maricopa County Medical Examiner’s Office performed an autopsy on January 15, 2023,” the release reads. “The final cause and manner of death are pending further investigation including toxicology testing.”

The Arizona Daily Star appeared to have identified the deceased man:

One pending autopsy case at the Maricopa County Medical Examiner’s Office says a man named Martin Peraza-Perez, 34, was in Border Patrol custody the day he died on Jan. 13.

A man with that same name and age was convicted of unauthorized re-entry into the country on or around July 25, 2022. He had been previously removed from the country three times and had also been convicted in Maricopa County Superior Court on a 2013 felony of marijuana transport and/or sale, according to a complaint in the case.

CBP’s Office of Professional Responsibility (OPR) is investigating the incident, and the DHS Office of Inspector-General was notified. “Additionally, CBP’s Office of the Chief Medical Officer and an independent clinician will be conducting a mortality review of this incident.”

— U.S. Customs and Border Protection. “Man Apprehended in Remote Arizona Location Pronounced Deceased,” February 27, 2023. <https://www.cbp.gov/newsroom/speeches-and-statements/man-apprehended-remote-arizona-location-pronounced-deceased>.

— Khmara, Danyelle. “Migrant Dies in Border Patrol Custody in Southern Arizona.” Arizona Daily Star. March 1, 2023. <https://tucson.com/news/local/border/migrant-dies-in-border-patrol-custody-in-southern-arizona/article_1dcb3a1c-b864-11ed-8bba-e30f6a8b3078.html>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension

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

Victim Classification: Mexico, Single Adult

January 8, 2023

A series of tweets from the Sunland Park, New Mexico Fire Department reported a late-night single-vehicle rollover crash on the Pete Domenici Highway (New Mexico Highway 136)(original link). It reported two fatalities, and eight injuries, all male, among those aboard the vehicle.

The crash was the result of a Border Patrol pursuit, the Deming, New Mexico Headlight reported:

The Border Patrol confirmed in a statement that its agents initiated a traffic stop shortly before the crash on suspicion it was involved in human trafficking. The agency said the driver lost control of the vehicle “within seconds.”

The suspected smuggling is under investigation by Homeland Security Investigations while the accident is investigated by the Doña Ana County Sheriff’s Office. The pursuit itself, meanwhile, is under review by the Office of Professional Responsibility.

— SunlandParkFire [@SunlandParkFire]. “At around 11 PM, Fire/EMS Crews Responded to a Single Vehicle Rollover near MM 6 on Pete Domenici Hwy. 8 Male Patients and 2 Male Fatalities. 2 Patients Taken by Air Ambulance to University Medical Center, 6 Transported by Ground to Other Local Hospitals. 2 Patients Critical. Https://T.Co/Cr7fyS9bcT.” Tweet. Twitter, January 9, 2023. <https://twitter.com/SunlandParkFire/status/1612386320919281666>.

— Garcia, Justin. “Two Dead, Eight Injured in Sunland Park Crash.” Las Cruces Sun-News. January 9, 2023. <https://www.lcsun-news.com/story/news/crime/2023/01/09/two-dead-eight-injured-sunland-park-crash/69792007007/>.

— D’Ammassa, Algernon. “Recent Border Patrol Pursuits Turn Deadly in Southern New Mexico.” Deming Headlight. January 11, 2023. <https://www.demingheadlight.com/2023/01/11/recent-border-patrol-pursuits-turn-deadly-southern-new-mexico/>.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Under ICE-HSI Investigation, Under Local Police investigation, Under OPR Investigation

Victim Classification: Single Adult

January 7, 2023

CBS News shared strong surveillance video footage taken outside an El Paso homeless shelter, showing a Border Patrol agent grabbing a migrant and slamming him to the ground. “The 38-second video, which depicts onlookers observing the incident, does not show what led up to the apprehension or subsequent events.” A CBP statement cited by CBS reported that the agency’s Office of Professional Responsibility is “reviewing the incident.”

The incident happened in the context of a large-scale arrival of migrants to El Paso, some of whom had not turned themselves in to U.S. authorities. Border Patrol agents captured vanloads of migrants during nighttime operations in and near downtown El Paso on January 3 and 4, El Paso Matters reported; NBC News shared video of Border Patrol agents’ sweeps. “You saw the damage afterward. People were crying because they separated families. It was a hard hit. It was emotional. It impacted people,” said a Colombian migrant.

— Montoya-Galvez, Camilo. “Video Shows Migrant Being Slammed to Ground during El Paso Arrest.” CBS News, January 7, 2023. <https://www.cbsnews.com/news/el-paso-migrant-arrest-border-agent-on-video/>.

— Ramirez, Cindy. “Tensions Rise, Hope Falls: Border Patrol Detains Migrants near Sacred Heart.” El Paso Matters, January 4, 2023. <http://elpasomatters.org/2023/01/04/border-patrol-detains-migrants-near-south-el-paso-texas-church/>.

— Ainsley, Julia. “Video Shows Border Agents Arresting Migrants Sleeping by Church Shelter.” NBC News, January 7, 2023. <https://www.nbcnews.com/politics/immigration/video-border-agents-police-arrest-migrants-church-shelter-rcna64718>.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Use of Force

Last Known Accountability Status: Under OPR Investigation

Victim Classification: Single Adult

Late December, 2022

Reporting on January 5, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “Kino continues to receive many reports of abuse by Border Patrol and ICE. Over the past 3 weeks, Kino received 10 reports of night-time expulsions between 12 and 5 am.”

Over the past 3 weeks, 5 people reported having to sleep on the street due to being deported between 1 and 4 am.

Uriel [name changed to protect privacy] was deported at 1 am and slept on the street outside the Mexican Immigration Institute in the cold until Grupos Beta (the humanitarian arm of Mexican immigration) could help him in the morning.

— “January 5th Update from KBI” (Nogales: Kino Border Initiative, January 5, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Late December, 2022

Reporting on January 5, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “Kino continues to receive many reports of abuse by Border Patrol and ICE. Over the past 3 weeks, Kino received… 31 reports of belonging confiscation and non-return (25 reports perpetrated by BP and 6 by ICE).”

When Ricardo [name changed to protect privacy] was apprehended, the Border Patrol agents threw away all his clothes and the 2 folders of documents and photos he was going to use in his asylum case.

— “January 5th Update from KBI” (Nogales: Kino Border Initiative, January 5, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Late December, 2022

Reporting on January 5, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case of Border Patrol agents using abusive language, including statements that would constitute sexual harassment.

Yordy [name changed to protect privacy] turned himself in to ask for asylum. On the bus transporting him and other migrants to the BP [Border Patrol] station, the agents only spoke to them to make fun of them. They were all male agents and they asked the women they had detained on the bus if any of them were interested in having sex with any of the men there. When the agents counted the men detained on the bus, there was one man of shorter stature and they counted him as “0.5.” Once they arrived at the BP station, he tried to talk to the officials, but they told him to be quiet and that he had no right to speak.

— “January 5th Update from KBI” (Nogales: Kino Border Initiative, January 5, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Sexual Assault or Harassment

Last Known Accountability Status: Unknown

Victim Classification: Female, Single Adult

Late December, 2022

Reporting on January 5, 2023, the Nogales-based Kino Border Initiative (KBI) recounted CBP’s repeated use of Title 42 to expel a Venezuelan mother and child who had been kidnapped in Mexico.

Reina [name changed to protect privacy] fled Venezuela to save herself and her son after her husband and brother were killed. In Mexico, the mafia forced them off of the bus they were traveling on and kidnapped them for 15 days until her niece in the US could pay the ransom fee. They have tried twice to cross into the US and CBP expelled them twice, which puts them in danger of the mafia targeting them yet again.

— “January 5th Update from KBI” (Nogales: Kino Border Initiative, January 5, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Kidnap Victim, Venezuela

Early December 2022

Reporting on December 15, 2022, the Nogales-based Kino Border Initiative (KBI) stated, “Over the past 2 weeks, KBI received 11 reports of Border Patrol (BP) confiscating personal belongings and never returning them. These reports include 3 deported people who explained that BP took thousands of Mexican pesos from them (1,000 pesos = $50 USD), leaving them unable to pay for transportation or basic necessities.”

Among cases cited:

BP deported Ronaldo [name changed to protect privacy] without any of the personal belongings he had when they apprehended him, including his Mexican ID and 7,500 Mexican pesos ($378 USD).

— “December 15 update from KBI” (Nogales: Kino Border Initiative, December 15, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

Early December 2022

Reporting on December 15, 2022, the Nogales-based Kino Border Initiative (KBI) stated, “Over the past 2 weeks, KBI received 11 reports of Border Patrol (BP) confiscating personal belongings and never returning them. These reports include 3 deported people who explained that BP took thousands of Mexican pesos from them (1,000 pesos = $50 USD), leaving them unable to pay for transportation or basic necessities.”

Among cases cited:

When BP apprehended Yael [name changed to protect privacy], agents threw away his clothes and medicine. He had to go 5 days without medication to treat his illness.

— “December 15 update from KBI” (Nogales: Kino Border Initiative, December 15, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Medical Care, Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Early December 2022

Reporting on December 15, 2022, the Nogales-based Kino Border Initiative (KBI) stated, “Over the past 2 weeks, KBI received 11 reports of Border Patrol (BP) confiscating personal belongings and never returning them. These reports include 3 deported people who explained that BP took thousands of Mexican pesos from them (1,000 pesos = $50 USD), leaving them unable to pay for transportation or basic necessities.”

Among cases cited:

Upon Fernando’s [name changed to protect privacy] apprehension, BP agents took most of his clothes, his phone, wallet and 4,400 Mexican pesos ($221 USD). They transferred him to US Marshals custody, where agents took the rest of his clothes and his Mexican ID and put them in a bag. After his court hearing, he heard agents saying he was to be deported the next day, but he tested positive for COVID and went to isolation for 9 days.

Afterwards, he was held under custody for 13 more days because BP said he had requested asylum, even though he had not. When he had an interview with an asylum officer, Fernando explained he had not requested asylum and wanted to be deported as soon as possible. The officer responded: “If you keep saying that and don’t calm down, you’re going to stay here even longer.” ICE officials then asked Fernando to sign a document saying he had received the $175.65 he had earned by working in detention, but they never gave him the money.

On December 7th, he was deported with none of his belongings, nor the money he had earned. He shared: “I had worked sometimes a shift of 12 hours to earn every $2 of that money.”

— “December 15 update from KBI” (Nogales: Kino Border Initiative, December 15, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

Early December 2022

Reporting on December 15, 2022, the Nogales-based Kino Border Initiative (KBI) stated, “Over the past 2 weeks, KBI staff learned about 5 cases of family separation at the border, a practice that disorients and traumatizes families.”

Among cases cited:

Margarita [name changed to protect privacy], her sister, and her cousin turned themselves in to BP [Border Patrol], seeking protection after fleeing violence in Southern Mexico. BP agents separated them and deported Margarita in one location and her cousin and her sister in another. Margarita was robbed after being deported alone in Nogales.

— “December 15 update from KBI” (Nogales: Kino Border Initiative, December 15, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Female, Mexico

Early December, 2022

Reporting on December 15, 2022, the Nogales-based Kino Border Initiative (KBI) stated, “Over the past 2 weeks, KBI staff learned about 5 cases of family separation at the border, a practice that disorients and traumatizes families.”

Among cases cited:

Tomas [name changed to protect privacy] was traveling with his sister after fleeing violence in Guatemala. After crossing into the US through the desert, his sister lost consciousness and they had to call 911 to get assistance. BP [Border Patrol] agents came to rescue her, but they then separated Tomas from his sister. They were not able to reunite until they were both deported and managed to find one another in Nogales, Sonora.

— “December 15 update from KBI” (Nogales: Kino Border Initiative, December 15, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Single Adult

December 14, 2022

A Tucson, Arizona federal district judge sentenced former Border Patrol agent Ramon Antonio Monreal Rodriguez to 152 months in prison, and $151,000 in restitution to Border Patrol.

Monreal, who worked at the Three Points Station in Border Patrol’s Tucson Sector, was found guilty of purchasing firearms for felons, and conspiring with Mexican drug traffickers to take their product past Border Patrol checkpoints, often inside his Border Patrol vehicle. According to a December 27, 2022 Justice Department statement, “He admitted to distributing 116 kilograms of cocaine and 107 kilograms of marijuana as part of the conspiracy.” (Original link)

The Arizona Daily Star reported more details of the case in 2019:

Monreal was accused of picking up 90 pounds of cocaine from smugglers in a wash near the San Miguel Gate, a remote border crossing on the Tohono O’odham Reservation, while on duty around 1:30 a.m. Sept. 18. Monreal allegedly handed the smugglers the first payment of $334,000 and kept the cocaine in his Border Patrol vehicle for the rest of his shift.

Four days later, he allegedly went back to the border while on duty and handed over $317,000 to the smugglers. Monreal’s payment was 6 pounds of narcotics and $66,000, a special agent with the FBI wrote in a criminal complaint.

Federal prosecutors also said Monreal tried to arrange the assault of a corrections officer at a federal prison in Southern Arizona who was dating his ex-girlfriend, what Monreal called “a little tune-up” in audio messages recovered by investigators, court records show.

Monreal also asked a drug trafficker to make his ex-girlfriend “disappear.” Monreal was not charged for the alleged threats.

This case was investigated by the Southern Arizona Corruption Task Force (SACTF) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The SACTF includes personnel from the FBI, the DHS Inspector-General’s office, the Offices of Professional Responsibility for ICE and CBP, the DEA, and the Tucson Police Department.

— United States Department of Justice. “Former Border Patrol Agent Sentenced to More Than 12 Years on Bribery, Firearms, and Narcotics Charges,” December 27, 2022. <https://www.justice.gov/usao-az/pr/former-border-patrol-agent-sentenced-more-12-years-bribery-firearms-and-narcotics-charges>.

— Prendergast, Curt. “Indictment: Arizona Border Agent Smuggled 255 Lbs. of Cocaine, $1.2M in Cash.” Arizona Daily Star. March 5, 2019. <https://tucson.com/news/local/indictment-arizona-border-agent-smuggled-255-lbs-of-cocaine-1-2m-in-cash/article_b7748288-1e83-5768-a4a0-c70f3a3fa434.html>.

— “USA v. Monreal-Rodriguez et al. 4:18-Cr-02215.” Administrative Office of the United States Courts, June 6, 2022. <https://www.govinfo.gov/app/details/USCOURTS-azd-4_18-cr-02215>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Corruption

Last Known Accountability Status: Criminal Conviction

Victim Classification:

December 6, 2022

After President Biden told a Fox News reporter that he is not visiting the border “because there are more important things going on,” an unnamed Border Patrol agent texted the conservative Daily Caller: “MORE IMPORTANT THINGS? This is HIS disaster, he created this catastrophe. The border crisis is a total breach of National Security. Give me a f—ing break…I can’t wait for this clown to be out of office.”

— Taer, Jennie. “‘Give Me A F***ing Break’: Border Agents Rip Biden For Saying ‘There Are More Important Things’ Than Visiting Border.” Daily Caller. Accessed February 19, 2023. <https://dailycaller.com/2022/12/06/border-biden-immigration-mexico/>.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Insubordinate or Highly Politicized Conduct

Last Known Accountability Status: Unknown

Victim Classification:

December 2, 2022

An ACLU Texas complaint submitted to DHS leadership, shared and reported by the Texas Tribune, found that Border Patrol collaboration made possible 91 Texas state police “trespassing” arrests of migrants between late July and late August 2022. Border Patrol agents, the complaint reported, played a role in one quarter of the 368 migrant arrests that Texas’s Department of Public Security carried out during this period. The controversial arrests were part of “Operation Lone Star” (OLS), a state-government border crackdown ordered by Gov. Greg Abbott (R), an outspoken critic of the Biden administration’s border and migration policies.

“Extrapolating from this data, Border Patrol collusion is likely responsible for hundreds of arrests in Texas’ unlawful, discriminatory, and anti-immigrant trespass arrest system,” the ACLU complaint read.

To date, Texas has arrested more than 5,000 primarily Latinx individuals on state misdemeanor criminal trespass charges under OLS. The state has funneled these individuals into a separate criminal prosecution and detention system riddled with civil rights violations, including failure to appoint counsel and failure to timely file charges.

In July 2022, the Texas Tribune and ProPublica revealed that the Department of Justice was “seeking to review whether Operation Lone Star violated Title VI of the Civil Rights Act of 1964, which bars discrimination on the basis of race, color or national origin by institutions receiving federal funding.”

Of the 91 Border Patrol-aided arrests in the ACLU complaint:

  • Border Patrol agents were the initial arresting or apprehending party in 35 cases. “Border Patrol effectuated the arrest when DPS [Texas state Department of Public Safety] was not even present and nevertheless turned the individual over to a DPS officer for state misdemeanor trespass rather than process the individual for immigration purposes.”
  • Border Patrol agents and Texas DPS officers were both present for the arrest in 41 arrests. “Instead of Border Patrol taking the individuals into CBP custody for immigration processing, Border Patrol prioritized arrests under Operation Lone Star for misdemeanor trespass—ensuring eligible individuals were instead channeled into the OLS trespass arrest system.”
  • In 15 cases, Border Patrol provided surveillance information to Texas DPS that enabled Texas police to arrest the migrants. “This includes information from Border Patrol helicopter surveillance, drone, and remote cameras.”

The complaint noted that it appears to violate CBP policy for Border Patrol agents, who are federal government personnel, to collude with a state program that has imprisoned thousands of migrants—including asylum seekers—for months in specially designated Texas jails. It recalled an October 2021 interview with Texas Monthly in which Border Patrol Chief Raúl Ortiz called the OLS trespass arrest system “a tremendous concern,” adding, “I really would prefer to see border security left to the border-security experts.”

Texas law does not give Border Patrol agents the authority to arrest people for state misdemeanor charges (and most felony charges). In November 15, 2022 testimony before the Texas State Senate Committee on Border Security, the chief of Border Patrol’s Laredo Sector, Carl Landrum, asked legislators to make a “slight adjustment” to the Texas Penal Code that would allow Border Patrol agents “to arrest and assist in the prosecution of all state felonies and, he said, ‘some misdemeanors,’” the Texas Observer reported in February 2023.

“It is not clear whether the Laredo sector leadership’s position on expanding Texas state law to authorize felony arrests by Border Patrol under state law is endorsed by Border Patrol leadership or consistent with Border Patrol policy,” the ACLU Texas complaint read.

Finding that “Border Patrol’s extensive collusion with DPS in OLS trespass arrests is deeply troubling,” the ACLU Texas complaint called for “investigation by the Department of Homeland Security Office of Civil Rights and Civil Liberties (CRCL) and the Customs and Border Protection Office of Professional Responsibility (OPR).”

— Huddleston, Kathryn, Bernardo Cruz, Savannah Kumar, and Adriana Piñon. “Border Patrol Collusion in Texas Migrant Arrest Program under ‘Operation Lone Star’—Urgent Need for Immediate End to Collusion.” American Civil Liberties Union of Texas, December 2, 2022. <https://static.texastribune.org/media/files/c7b90d91cada0fd9268a2cb7e78b357a/ACLUTX_DHS_Complaint_OLS.pdf>.

— McCullough, Jolie. “Feds Often Hand Migrants over to State Police Rather than Process Immigration Claims, Complaint Says.” The Texas Tribune, December 2, 2022. <https://www.texastribune.org/2022/12/02/texas-migrant-arrests-border-patrol/>.

—Trevizo, Perla. “Justice Department Is Investigating Texas’ Operation Lone Star for Alleged Civil Rights Violations.” The Texas Tribune, July 6, 2022. <https://www.texastribune.org/2022/07/06/operation-lone-star-doj-investigation-abbott/>.

— McCullough, Jolie. “Texas’ Border Operation Is Meant to Stop Cartels and Smugglers. More Often, It Arrests Migrants for Misdemeanor Trespassing.” The Texas Tribune, April 4, 2022. <https://www.texastribune.org/2022/04/04/texas-border-operation-imprisons-thousands-accused-only-of-trespassing/>.

— Nelsen, Aaron. “Border Patrol Chief Raul Ortiz on the Crisis in Texas and Why Greg Abbott’s Operation Lone Star Concerns Him.” Texas Monthly, October 21, 2021. <https://www.texasmonthly.com/news-politics/raul-ortiz-border-patrol-texas/>.

— Griswold, Niki. “Border Patrol Requests Change to Texas Penal Code to Allow Agents to Enforce State Law.” Austin American-Statesman. November 16, 2022. <https://www.statesman.com/story/news/politics/state/2022/11/16/border-patrol-asks-texas-to-allow-agents-to-enforce-state-law/69639080007/>.

— Buch, Jason. “The Border Patrol’s Power Grab.” The Texas Observer, February 13, 2023. <https://www.texasobserver.org/the-border-patrols-gross-power-grab/>.

Sector(s): Del Rio, Laredo

Agency(ies): Border Patrol, Texas State Police

Event Type(s): Insubordinate or Highly Politicized Conduct, Racial Discrimination or Profiling

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

November 30, 2022

The Department of Justice reported the indictment of Aaron Mitchell, 27, on “three counts: a civil rights violation for sexually assaulting and kidnapping a minor victim, kidnapping a minor victim, and misleading state investigators.” (Original link) The Department’s statement, and prosecutors’ November 10 brief opposing Mitchell’s release from pretrial detention, identified Mitchell as being “employed as a Customs and Border Patrol Officer (CBPO)”—which most likely means an officer of CBP’s Office of Field Operations.

On April 25, 2022, Mitchell allegedly kidnapped and sexually assaulted a 15-year-old girl in Arizona. (Original link) The victim, a citizen of Mexico, was on her way to school in Arizona.

Mitchell, wearing police attire, told the girl he was a police officer and asked to see her documents. After she complied, Mitchell ordered her to get in his car, saying they needed to go to the police station. But Mitchell did not drive her to the police station—he drove her an hour away to his apartment.

After finishing an in-custody interview with Mitchell, Douglas, Arizona police left their video recording equipment on. According to the prosecution’s document, “That video recorder caught Mitchell muttering to himself, ‘I cannot believe this s—. F—ing little b——. B—— is claiming rape. That’s so f—ing crazy. That’s crazy, man. She better hope I don’t get out of here.’”

Mitchell had served as a CBP officer for 10 months at the time of his arrest.

— U.S. Department of Justice. “Former Customs and Border Protection Agent Indicted for Federal Civil Rights Violation for Sexually Assaulting and Kidnapping a Minor,” November 30, 2022. <https://www.justice.gov/opa/pr/former-customs-and-border-protection-agent-indicted-federal-civil-rights-violation-sexually>.

— Restaino, Gary M., Christina M. Cabanillas, Carin C. Duryee, Kristen Clarke, Erin H. Flynn, and Brant S. Levine. “U.S. v. Mitchell No. 22-10268.” U.S. Department of Justice, November 10, 2022. <https://www.justice.gov/crt/case-document/file/1551906/download>.

— Siemaszko, Corky. “Former CBP Agent Accused of Sexually Assaulting a Minor Was Caught on Video Threatening His Accuser.” NBC News, December 7, 2022. <https://www.nbcnews.com/news/us-news/former-cbp-agent-accused-sexually-assaulting-minor-was-caught-video-th-rcna60222>.

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

Event Type(s): Abuse of Minor, Sexual Assault or Harassment, Threat of Violence, Unethical Off-Duty Behavior

Last Known Accountability Status: Criminal Charges Pending, Under Judicial Review

Victim Classification: Accompanied Child, Female, Mexico, Sexual Abuse Victim

Early November, 2022

The Nogales-based Kino Border Initiative (KBI) recounted the experience of Leticia [name changed to protect privacy], a Mexican migrant who sought asylum in the United States after she and her husband spent a month in captivity, kidnapped for ransom by organized crime.

After crossing and entering Border Patrol custody, KBI reported, “US agents asked Leticia and her husband 10 questions during about 10 minutes about why they came to the US. Despite explaining the persecution they fled in Guerrero and the hostage situation they had just escaped, CBP expelled them back across the border to the same area where they had been held hostage with no explanation.”

— “Early November Update on the Border, Asylum and Deportations from KBI” (Nogales: Kino Border Initiative, November 10, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Kidnap Victim, Mexico, Single Adult

Early November, 2022

Reporting on November 10, 2022, the Nogales-based Kino Border Initiative (KBI) stated, “Over the past 2 weeks, 11 people have reported to Kino the confiscation and disposal of their personal belongings by Border Patrol. In these cases, Border Patrol deports people without their most necessary personal belongings, such as identity documents, money and cell phones, which often leaves them stranded and unable to communicate with family members.”

Among cases cited:

Last week, Emanuel [name changed to protect privacy] arrived at Kino after being deported without any of his belongings. BP [Border Patrol] confiscated his belongings when they apprehended him and never returned them. He called the Mexican Consulate but they said they could not mail his items to Mexico. He lost his Mexican ID, cell phone, 1,500 pesos ($77 USD), credit card, and watch. He was only able to communicate with his family members and tell them he was okay after arriving to Kino where he borrowed a phone.

— “Early November Update on the Border, Asylum and Deportations from KBI” (Nogales: Kino Border Initiative, November 10, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

Early November, 2022

Reporting on November 10, 2022, the Nogales-based Kino Border Initiative (KBI) stated, “Over the past 2 weeks, 11 people have reported to Kino the confiscation and disposal of their personal belongings by Border Patrol. In these cases, Border Patrol deports people without their most necessary personal belongings, such as identity documents, money and cell phones, which often leaves them stranded and unable to communicate with family members.”

Among cases cited:

Upon apprehending Gerardo [name changed to protect privacy], BP [Border Patrol] confiscated his belt, jacket, cell phone, phone charger, wallet and 800 pesos ($41 USD). He commented, “I need my cell phone to be able to communicate with my family and without money, I can’t go anywhere.”

— “Early November Update on the Border, Asylum and Deportations from KBI” (Nogales: Kino Border Initiative, November 10, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

November 6, 2022

A feature on the CBS program 60 Minutes, about Venezuelan migrants bused to New York, found that 12 of 16 migrants interviewed had important documents taken from them by U.S. border law enforcement personnel, and not returned.

Like many migrants we spoke with, Edward and Maria no longer have their Venezuelan passports, ID cards, or birth certificates, they say they were told to hand them over to U.S. Customs and Border Protection agents in Texas and never got them back. 

Edward (Translation): Well, they put it in a folder They said, “Whenever you go to court, you can ask for them there.”

… We interviewed 16 migrants who arrived in New York by bus from Texas. All but four said they had important documents taken and not returned. And volunteers, case workers, and lawyers who work with the migrants also told us the problem is widespread.

In a statement, U.S. Customs and Border Protection said it was reviewing its “policies and practices to ensure that… documents are returned to the migrant absent a security or law enforcement reason.”

A subsequent CBS News report quoted some of the affected migrants.

Beberlyn, 33, a migrant from Venezuela who crossed the U.S.-Mexico border earlier this year, said Border Patrol agents kept several of her family’s personal documents, including their passports, Venezuelan identification cards, her children’s birth certificates and her husband’s drivers license.

…Like other migrants, Beberlyn said border agents told her they would receive their documents during their  immigration court hearing. But her family has yet to receive a court appointment, and attorneys said it’s unlikely that documents confiscated along the southern border will be transferred to courts across the U.S.

“I do need them,” Beberlyn said regarding the documents. Her surname is being withheld due to her pending immigration case. “Passports are very important here. To open an account, to identify yourself, and I don’t have that document. I don’t have the children’s birth records because they took them from me. That makes me feel terrible.”

…Maria, another Venezuelan migrant living in a New York City shelter with her family, said Border Patrol agents failed to return her children’s birth certificates and vaccine records, as well as her and her husband’s passports and identification cards. She asked for her surname to be omitted, citing her pending case.

During a recent check-in appointment at the ICE office in Manhattan, Maria said she was told their documents were still in Texas when she asked about their whereabouts. She said her 1-year-old daughter’s vaccination has been delayed since they longer have records showing what shots she has received and when.

Maria said she was also told her family’s documents would be returned in immigration court, but she does not think she’ll see them again. 

“I haven’t heard anyone say that they got their documents back,” she added.

— “Migrants Bused from Southern Border to New York City Enter a Backlogged and Broken Asylum System.” 60 Minutes. New York: CBS, November 6, 2022. <https://www.cbsnews.com/news/migrant-buses-southern-border-new-york-city-60-minutes-2022-11-06/>.

Camilo Montoya-Galvez, Andy Court, Julie Holstein, and Annabelle Hanflig. “Accounts of Migrants’ Documents Being Confiscated by Border Officials Prompt Federal Review.” CBS News, November 7, 2022. <https://www.cbsnews.com/news/immigration-migrants-documents-confiscated-border-officials/>.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Confiscation of Documents

Last Known Accountability Status: Unknown

Victim Classification: Venezuela

November 4, 2022

Four Democratic House members, including key committee chairs, sent a letter to the U.S. Government Accountability Office (GAO) asking the agency to investigate “concerns about Border Patrol agents confiscating asylum seekers’ religious headwear as well as not returning or improperly discarding personal property belonging to apprehended individuals.” (Original link)

They ask GAO to look into how Border Patrol collects, stores, transfers, and returns apprehended migrants’ property, as well has how Border Patrol oversees its agents’ handling of personal property and what complaint mechanisms are in place for individuals whose property is not returned to them.

— Rep. Bennie G. Thompson, Rep. Nanette Diaz Barragán, Rep. Raúl M. Grijalva, and Rep. Joaquin Castro. “GAO Request Personal Property,” November 4, 2022. <https://democrats-homeland.house.gov/imo/media/doc/gao_request_personal_property.pdf>.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Under GAO Investigation

Victim Classification: