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
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
