5 Records of Alleged Abusive or Improper Conduct in March 2021

Examples of abuses or other behaviors indicating need for reform at U.S. border and migration institutions

March, 2021

Human Rights Watch reported on the Title 42 expulsion of José M. (pseudonym), a gay man who fled Honduras and sought asylum by crossing from Ciudad Juárez to El Paso. “He said he had told US border officials that he is gay and that he was afraid to be sent to Mexico, but hours later CBP agents sent him to Mexico. Before expelling him, US officials made him throw away everything he had, including the few clothes he had.”

US: LGBT Asylum Seekers in Danger at the Border (New York: Human Rights Watch, May 31, 2022) https://www.hrw.org/news/2022/05/31/us-lgbt-asylum-seekers-danger-border.

Sector(s): El Paso

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Honduras, LGBTQ

March 23, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted Border Patrol agents’ refusal to allow a Mexican migrant in custody to report a drug-related crime.

A Mexican man entered the United States when individuals associated with organized crime demanded he carry a backpack full of drugs into the United States and threatened him with a razor. When he refused, they beat him.

Once the Mexican man regained consciousness, he turned himself in to Border Patrol. He told agents what happened to him, where Border Patrol could find the drugs and the men who assaulted him who belonged to a criminal gang. Still, the agents kept the man in the vehicle the whole day, picking up other immigrants and giving him only water to drink.

Once they came to the CBP facility and he was processed, he repeated what had happened to him. The CBP agent there laughed and asked if he wanted to file a police report. When he said yes, the agent said it would take too long.

He was never given an opportunity to express his fears about returning to Mexico or give information about the crime that had been committed against him. He was never given medical attention while in CBP custody and was left alone in a cell for long stretches of time despite his weakened state. He was soon expelled back to Mexico.

KBI filed a March 29, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 23, 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 Food or Water, 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: Mexico, Single Adult

March 7, 2021

A report from the Kino Border Initiative (KBI) and NETWORK detailed the experience of a Cuban asylum seeker in Border Patrol custody in Yuma, Arizona and Campo (Pine Valley), California.

A Cuban man and his wife crossed into the United States and were detained. He was searched and their documents were confiscated. The man was separated from his wife, even though his wife told the agents they were together.

He was transferred to Campo BP Station in California, and when he was being transferred he was told he would be reunited with his wife at the detention center. While in detention, he was not allowed to shower for five days, and the lights were always kept on.

There, a border patrol agent interviewed him in Spanish. The agent asked him about his relatives but did not ask anything about asylum. The man asked if he could present his case. The CBP agent said no, as that was for a courtroom with a lawyer. The man asked why the agent didn’t ask him why he left Cuba, and the agent still said no. After five days, they transported the man to expel him, very early in the morning.

The man says he was disoriented but once he heard he was being expelled he said he can’t leave without his wife. He was told his wife would be joining him soon. This was not true. He was not reunited with his wife and was expelled to Tijuana, Baja California in the early morning hours. A week later, he tried to cross again at Yuma as his wife was still in CBP custody. He was then expelled to Nogales.

KBI filed a March 24, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 23, 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): San Diego, Yuma

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Confiscation of Documents, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Non-Return of Belongings

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

Victim Classification: Cuba, Family Unit

March 4, 2021

The Kino Border Initiative reported that upon releasing them into Yuma, Arizona, CBP has been dropping asylum-seeking migrants in areas far from shelter and services.

On several occasions, rather than transport migrants to other locations where they can access services, CBP has simply dropped off migrants in parking lots in Yuma. Since many of these migrants have traveled distances in the desert, they are often being abandoned with injuries, including a young man who Border Patrol left alone at a bus station with a recently amputated foot.

— “March 4 Update From KBI” (Nogales: Kino Border Initiative, March 4, 2021).

Sector(s): Yuma

Agency(ies): CBP

Event Type(s): Denial of Medical Care

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

Victim Classification:

Early March, 2021

The Kino Border Initiative reported about a Guatemalan mother and daughter’s difficult experience in Border Patrol custody before being expelled:

A young Guatemalan mother arrived at KBI with her 3-year-old daughter this week after Border Patrol expelled them to Mexico under Title 42. Her daughter suffers from stomach issues, and although the mother pleaded with a Border Patrol agent to keep her yogurt and medicine, the agent threw it in the trash. They were detained around 9PM and expelled the next day around 3PM. During those 18 hours, BP only provided them with a few crackers and juice. The mother said she felt dizzy when they were expelled to Mexico because they had not eaten. They also suffered cold during the time they were detained because BP agents confiscated all their sweatshirts and coats. By the time they were expelled, the 3-year-old had soiled her diaper, but BP agents had confiscated the diapers the mother brought with her. They refused to give her a diaper despite the fact that the girl’s pants were soaked through. One BP agent repeatedly yelled at them and said, “I don’t know what you’re doing in this country.”

— “March 4 Update From KBI” (Nogales: Kino Border Initiative, March 4, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Denial of Food or Water, Denial of Medical Care, Non-Return of Belongings

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

Victim Classification: Family Unit, Guatemala