26 Records of Alleged Abusive or Improper Conduct in September 2021

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

September, 2021

A report from Human Rights First quoted a Somali asylum seeker who spent weeks in Border Patrol custody, then failed a credible fear interview “despite apparent eligibility for asylum and redesignation of Somalia for TPS”:

“Border Patrol took me to detention . . . it was the worst nightmare that had ever happened to me. They wouldn’t give me a toothbrush for 18 days. It was harsh . . . then I had my credible fear interview around a month later . . . after all that I have gone through, they just give you one interview. After that interview, you are done . . . they deported me in September 2021.”

“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.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Protection to Most Vulnerable

Last Known Accountability Status: Unknown

Victim Classification: Black, Single Adult, Somalia

September, 2021

A report from Human Rights First discussed the separation of a man and his teenage brother from the Ivory Coast.

A 20-year-old asylum seeker from the Ivory Coast was separated by DHS from his 16-year-old brother when they sought protection together at the southern border and subsequently deported in September 2021. The 20-year-old brother received a negative credible fear determination after unfairly being forced to undergo a CFI in French, which was not his best or native language. The 16-year-old brother, who has no other family in the United States, was held in ORR custody while his older brother and only caretaker was detained in Mississippi and Louisiana until his deportation, according to a detention visitation program advocate who spoke with both brothers.

“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.

Sector(s): Border-Wide

Agency(ies): CBP, ICE

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Black, Family Unit, Ivory Coast

September, 2021

A report from Human Rights First discussed the separation of a Russian LGBTQ asylum-seeking man and his partner at a California port of entry.

In September 2021, DHS separated an LGBTQ Russian asylum seeker from his partner and detained him for weeks at La Palma Correctional Center in Arizona. After the pair requested protection together at a California port of entry, DHS inexplicably detained the man while granting parole to the man’s partner to continue the asylum process in the United States, according to Immigration Equality.

“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.

Sector(s): San Diego Field Office

Agency(ies): CBP

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, LGBTQ, Russia

September 2021

A Human Rights First report described DHS expulsions of asylum seekers from Haiti, especially following the mid-September arrival of thousands of Haitian migrants in Del Rio, Texas.

DHS detained many of those expelled to Haiti for days in the United States prior to expulsion—undercutting the administration’s claims that the expulsions were being carried out to protect public health—and transported them in shackles on flights to Haiti. DHS officers frequently refuse to tell those being expelled where they are being taken and, in some cases, cruelly lie that the flights are destined for Florida or elsewhere in the United States. Mirlande Joachim, an attorney representing more than a dozen Haitian asylum seekers detained after crossing near Del Rio told Human Rights First that CBP and other DHS officers routinely refused to allow her to speak to her clients and that most were expelled without a fear screening despite her and the clients’ repeated attempts to request them.

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

Sector(s): Border-Wide

Agency(ies): DHS

Event Type(s): Denial of Access to Counsel, Denial of Protection to Most Vulnerable, Lying or Deliberate Misleading

Last Known Accountability Status: Unknown

Victim Classification: Black, Haiti

Late September 2021

“A Haitian mother expelled in late September 2021 begged U.S. officers to remove her handcuffs to enable her to comfort her crying young daughter on the plane ride,” read a Human Rights First report, citing Blaine Bookey from the U.C. Hastings Center for Gender and Refugee Studies.

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

Sector(s): Border-Wide

Agency(ies): DHS

Event Type(s): Conditions in Custody

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti

Late September, 2021

“Belone Mpembele, an asylum seeker from Angola, was expelled to Haiti by the United States due to its failure to provide access to the U.S asylum system or even screen individuals at the border in its rush to expel Haitians in September 2021,” reported Human Rights First. The Guardian reported from Port-au-Prince that the Angolan migrant “had never set foot in Haiti. ‘I told them I am not Haitian,’ said Belone Mpembele, as he emerged, dazed, from the terminal. ‘But they didn’t listen.’”

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

— Joe Parkin Daniels, “‘They treated us like animals’: Haitians angry and in despair at being deported from US” (Port-au-Prince: The Guardian, September 26, 2021) https://www.theguardian.com/global-development/2021/sep/26/they-treated-us-like-animals-haitians-angry-and-in-despair-at-being-deported-from-us.

Sector(s): Del Rio

Agency(ies): Border Patrol, DHS

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

Last Known Accountability Status: Unknown

Victim Classification: Angola, Black

September 2021

Human Rights First reports:

In September 2021, DHS expelled an asylum-seeking Haitian family to Haiti after holding them for days in a freezing cell without sufficient food. DHS separated the family from an adult brother who had crossed into Del Rio, Texas with them where they had attempted to seek asylum together based on political persecution. The family remains in hiding in Haiti, terrified their persecutors will find them, according to Blaine Bookey from the UC Hastings Center for Gender & Refugee Studies.

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

Sector(s): Del Rio

Agency(ies): Border Patrol, DHS

Event Type(s): Conditions in Custody, Denial of Food or Water, Denial of Protection to Most Vulnerable, Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti

September 29, 2021

A letter to Justice Department leadership and the DHS Inspector-General from Alliance San Diego alleged that former Border Patrol Chief Rodney Scott, who left his post in August 2021, had violated the Ethics in Government Act.

Scott established a consulting firm in July 2021, while still working for Border Patrol. On September 18, he issued a Facebook request for active-duty CBP and ICE personnel to provide information, possibly including restricted information, “to counter the lies and missinformation [sic.] that the DHS Secretary and Biden officials spew everytime they speak about the border.”

— Andrea Guerrero, “Request for investigation of former U.S. Border Patrol Chief Rodney Scott for violations of the Ethics in Government Act, 18 U.S.C. 207” (San Diego: Alliance San Diego, September 29, 2021) https://www.alliancesd.org/for_immediate_release_request_for_investigation_of_former_u_s_border_patrol_chief_rodney_scott.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Unethical Off-Duty Behavior

Last Known Accountability Status: Unknown

Victim Classification:

September 27, 2021

CBP officers shut the gates of Nogales, Arizona’s DeConcini port of entry as a family, accompanied by Tucson Bishop Edward Weisenburger, approached to seek asylum. A Kino Border Initiative release described the scene.

Laura fled southern Mexico with her two kids, her brother and his family- after her husband was shot by the local mafia. Laura and her family, accompanied by the Bishop, went through the turnstile at the DeConcini port of entry only to be turned away in tears.

Chelsea Sachau, attorney with the Florence Project, who accompanied the family recounts the event, “The family reasserted their request to be processed and to seek asylum. They asked to speak to someone else [other than the CBP officials], a supervisor, and then the CBP officers entered the building and locked both doors. They tested to make sure that both doors were locked, and then they slowly started lowering the gate to shut down the entire port of entry because this family, accompanied by faith leaders, and a legal observer, asked him for their right to seek asylum.” Laura and her family were forced to step back as the gate lowered onto where they were standing. Sachau continues, “There was no warning given to anyone, neither ourselves or anyone in line who had papers to enter into the US.” The DeConcini port of entry was shut down for about an hour to anyone trying to cross into the U.S.

— “CBP closed port of entry after denying access to migrant family seeking asylum, accompanied by Tucson Bishop Edward Weisenburger” (Nogales: Kino Border Initiative, September 27, 2021) https://www.kinoborderinitiative.org/press-release-cbp-closed-port-of-entry-after-denying-access-to-migrant-family-seeking-asylum-accompanied-by-tucson-bishop-edward-weisenburger/.

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Mexico

September 27, 2021

A Kino Border Initiative release reports:

Karla [not real name], another migrant organizer, described her experience being denied asylum three times. She said, “I went to the Tijuana border looking for help and protection asking immigration for asylum. They rejected me, humiliated me, and denied me asylum. I cried together with my children, pleaded with them and asked for their help to be able to request asylum. When they saw me cry, they told me not to because not even with my tears was I going to convince them and that I better step aside because I was in the way. As I cried for help, they laughed at me and my children. I tried to seek asylum in three different ports of entry along the border and I have always been rejected, humiliated. They threatened to call the Mexican authorities on me who also humiliated us.”

— “CBP closed port of entry after denying access to migrant family seeking asylum, accompanied by Tucson Bishop Edward Weisenburger” (Nogales: Kino Border Initiative, September 27, 2021) https://www.kinoborderinitiative.org/press-release-cbp-closed-port-of-entry-after-denying-access-to-migrant-family-seeking-asylum-accompanied-by-tucson-bishop-edward-weisenburger/.

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit

September 25, 2021

A report from the Border Network for Human Rights included the testimony of “J.N.L.,” a Mexican migrant who claimed that he and his minor son suffered physical abuse and abusive language while attempting to turn themselves in to a Border Patrol agent in El Paso.

On Sept. 25, at around 6:30 p.m., my son and I crossed the Rio Grande River to the United States at the height of Oro Street, where the train ended. When we crossed there, we stayed because we saw that the border patrol truck was coming. When it arrived, an officer got out quickly and screamed at us. It seemed like he was under the influence of some drug because out of nowhere, he grabbed my son by his shirt and pressed him down against the gravel. I told him, “buddy, you cannot treat my son like that; he is a minor. He is only 13 years old, and I will report it.”

He threw me face first and then grabbed me by my neck. I felt he was suffocating me. He yelled at me and told me to go ahead and report him and called me “trash.” He said, “I am not your buddy; I am an immigration officer.”

We never tried to run. He seemed to have a Dominican accent. He called on the radio for backup, and soon other officers arrived in a gray-colored uniform. I realized they were sheriff officers.

I told the sheriff officers about the mistreatment my son received from the Border Patrol officer. I asked them if I could report it. They responded that they were county officials and they were there to transfer us to get fingerprinted. I was nervous and scared and did not notice the patrol number or names. They took our fingerprints and then took us over the bridge to Juárez.

My right arm hurts, and my neck hurts even from drinking water. My son is also sore and in pain. This was not fair treatment.

The Border Network for Human Rights stated that it shared this and other testimonies in its February 2022 abuse monitoring report “with the agencies involved.”

The State of Human Rights at the U.S. – Mexico Border: Abuse Documentation 2022 Campaign Report (El Paso, Border Network for Human Rights, February 22, 2022) https://bnhr.org/abuse-documentation-2022-campaign-report/.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Abuse of Minor, Abusive Language, Conditions of Arrest or Apprehension, Use of Force

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Family Unit, Mexico

September 25, 2021

“Today, while asking me about who I was visiting on my trip, a Border Patrol agent said I was being ‘coy’ with my answers and suggested that it would be possible that I am friends with—I kid you not—Osama Bin Laden,” tweeted Abdallah Fayyad, a member of the Boston Globe’s editorial board. (He may have been referring to an officer of CBP’s Office of Field Operations.)

— Tweet by Abdallah Fayyad @abdallah_fayyad (Twitter: September 25, 2021) https://twitter.com/abdallah_fayyad/status/1441914525310074880.

Sector(s): Border-Wide

Agency(ies): Border Patrol, CBP

Event Type(s): Abusive Language, Racial Discrimination or Profiling

Last Known Accountability Status: Unknown

Victim Classification: Middle Eastern, U.S. Citizen or Resident

Mid-September, 2021

Starting in mid-September 2021, and peaking around September 18-21, a large number of mostly Haitian migrants crossed the Rio Grande at Del Rio, Texas, a remote sector of the border across from Ciudad Acuña, Coahuila, Mexico. By September 18, Del Rio’s mayor, citing information from Border Patrol, said that 14,534 migrants were encamped on the riverbank, under and around the border crossing bridge. There, while awaiting their turn to be processed by Border Patrol, they washed in the river and slept in tents, under shelters built out of vegetation, or in the open air.

In response to the Haitians’ rapid arrival, CBP surged 600 Border Patrol agents, CBP officers, and DHS volunteers to Del Rio, DHS Secretary Alejandro Mayorkas said during a September 20 visit to the sector.

By September 21, CBP had constructed a field hospital and was more systematically providing food. But for the first several days, food and clean water were scarce at the Del Rio site. This forced migrants to wade into Ciudad Acuña, Mexico to buy food at local stores and restaurants, then wade back into the United States with their provisions.

On their return to U.S. soil, some of the migrants, often laden with bags of food, encountered hostile Border Patrol agents on horseback. Photos and videos showed agents appearing to charge at migrants, including some children, at the water’s edge, apparently trying to force them to return to Mexico. One can be heard using a profane slur against Haiti. Some are shown waving or making slapping motions with lariats or long reins, which bore a resemblance to whips.

“Video footage of Border Patrol’s actions in this incident clearly demonstrate that the migrants being encountered by mounted agents did not present an imminent threat,” an ACLU letter describes the scene. “In one video an agent stops a family with small children, makes derogatory and xenophobic comments to the family, and then maneuvers his horse in a way that comes dangerously close to trampling a child.”

A March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance included testimonies from the migrants.

A Haitian woman, traveling with her husband, aunt, and infant son, went to Acuña to find food for her family.[181] When she returned and attempted to cross the river, she was surrounded by several CBP officers on horseback. When she tried to explain that she had to get back to the encampment to reunite with her child, the CBP officers screamed at her to “get back” and “go back to Mexico.” She witnessed two men fall into the river and disappear below the current. She also witnessed one man tear his leg open after being chased and trampled by a CBP officer on horseback. One Haitian man brought his eight-year-old son to the riverbank to bathe when mounted officers appeared and began chasing down a group of migrants gathered by the Rio Grande.[182] As his son attempted to run away from the CBP officers on horseback, he fell—was nearly trampled by the horse—and suffered cuts and bruises to his legs. He injured his eye, which then became painfully inflamed. The man described the “moment of terror” when he saw his young son fall to the ground. “I thought my son would be killed, right there in front of me.”[183] Terrified and traumatized, they fled the Del Rio encampment that night. Another Haitian man and his pregnant girlfriend were both shoved and pushed by CBP officers in Del Rio when they attempted to cross the Rio Grande with food they purchased in Acuña:

“When we were crossing the river by the bridge, we were met by the CBP agents. Some of them were on horses, some were on foot. As I was trying to cross with my pregnant girlfriend they shoved us. She [my girlfriend] was also shoved and fell to the ground. I don’t speak English well, but I tried to tell the agents that my girlfriend was pregnant. I tried to say it in Spanish. But they continued to abuse us and they kept shoving us across the river.”[184]

In summarizing his experience under the bridge, the man explained, “I wasn’t treated with dignity at the border [in Del Rio]. I was treated worse than animals. I experienced racism and abuse in Brazil, but what I experienced at the border was much worse.”[185]

Border Patrol Chief Raúl Ortiz, a former Del Rio sector chief, claimed the agents were attempting to control the horses with the reins. The Washington Post’s Philip Bump wrote that “this was an apparently isolated encounter, one that soon resolved with those seeking to enter the country and return to or arrive at the camp able to do so.”

Nonetheless, images of uniformed White men on horseback menacing Black people with what looked like whips blanketed U.S. social media on September 19 and 20, inspiring horrified reactions.

Immigrant rights and civil rights groups joined in condemnation. In Miami, 200 Haitian-Americans protesting outside the U.S. Citizenship and Immigration Services (USCIS) field office forced road closures. The NAACP tweeted side-by-side “then” and “now” images: a drawing of a slaveholder whipping a Black man next to one of the Del Rio photos. A letter from civil rights groups said Biden’s promises for a more humane immigration policy “are being shredded before our eyes.” Human Rights Watch called it “the latest example of racially discriminatory, abusive, and illegal U.S. border policies that are returning people to harm and humanitarian disaster.”

Reactions in Congress were strong. The images were “horrific and disturbing,” said Rep. Bennie Thompson (D-Mississippi), chairman of the House Homeland Security Committee. “We had not seen the horses and the whips with any other population of people, so that to us goes to racism,” said Rep. Joyce Beatty (D-Ohio), chair of the Congressional Black Caucus. House Oversight Committee Democrats sent a letter demanding a briefing from Biden administration officials by September 24 (original link).

Strong words also came from the Biden administration. “As it relates to those photos and that horrific video, we’re not going to stand for that kind of inhumane treatment and obviously we want this investigation to be completed rapidly,” said White House Press Secretary Jen Psaki. “What I saw depicted, those individuals on horseback treating human beings the way they were, was horrible,” said Vice President Kamala Harris. “Human beings should never be treated that way, and I’m deeply troubled about it.”

On September 24, President Joe Biden addressed the images for the first time. “It’s horrible what you saw. To see people like they did, with horses, running them over, people being strapped, it’s outrageous,” he said. “I promise you, those people will pay. There is an investigation underway right now and there will be consequences.”

DHS promised an investigation and disciplinary actions, and suspended the use of horse patrols in Del Rio (original link). However, “There is little reason to have confidence in the department’s willingness to hold its agents accountable,” Chris Rickerd and Sarah Turberville contended at the Los Angeles Times, noting that “CBP’s own records found that it took no action in 96% of 1,255 cases of alleged Border Patrol misconduct between January 2012 and October 2015.”

The DHS Inspector-General declined to take the case, and CBP’s Office of Professional Responsibility shared preliminary findings with the Justice Department in October, to determine whether criminal charges were warranted. As of January 2022, other than a list of next steps that DHS published in mid-November, there had been no further word (original link). It was not until nearly six months after the incident, on March 11, 2022, that the U.S. Attorney for the Western District of Texas decided not to pursue criminal charges. During that period, CBP’s Office of Professional Responsibility (OPR) was unable to interview the Border Patrol agents directly involved in the incident.

On July 8, 2022, CBP OPR released its report on the incident (original link). The 511-page document found “failures at multiple levels of the agency, a lack of appropriate policies and training, and unprofessional and dangerous behavior by several individual Agents.”

The report included the following findings about what happened over approximately a half hour on September 19, 2021.

  • There was no evidence that the agents “whipped” the migrants or that the riders’ reins struck any migrants. In future crowd control events, though, CBP will prohibit mounted agents from “twirling” their reins as “a distancing tactic.”
  • “Several mounted Border Patrol Agents used force or the threat of force to drive several migrants back into the Rio Grande River, despite the fact the migrants were well within the territorial boundary of the United States.”
  • In addition to swinging reins, aggressive tactics included charging horses at migrants to keep them from entering, in one case maneuvering a horse very close to a boy, and in another causing a man to fall back into the river; grabbing a man by his shirt and flipping him around; and yelling “unprofessional” comments, including “Hey! You use your women? This is why your country’s s***, you use your women for this.”
  • By pushing migrants back to the river and Mexico, the horse-patrol agents were following orders given not by Border Patrol, but a request from Texas’s state police (Department of Public Safety). Though blocking migrants was not CBP’s objective, the Border Patrol supervisor approved the state agency’s request without checking with higher-ups.
  • This owed much to faulty command and control within Border Patrol. The horse patrol agents’ supervisor “was unable to obtain additional guidance from higher in the USBP chain of command at the time of the request” from Texas DPS. The agents “repeatedly sought guidance from the USBP incident command post” by radio, and backed off after being “eventually told to allow all the migrants to enter.”
  • Though assigned to a crowd control mission—a difficult job with a high risk of escalation and human rights abuse—the horse patrol unit’s members’ responses indicated that they had not received crowd control training. CBP Commissioner Chris Magnus said that from now on, horses would not be used for crowd control without the commissioner’s approval.

With the OPR report complete, a CBP Disciplinary Review Board, separate from OPR and made up of senior officials, was to consider punishments for the agents involved. As of July 2022, four agents may face administrative measures. CBS News reported that no firings are recommended, and that the Review Board proposed a seven-day suspension for the supervisor who approved the Texas state DPS request.

The agents’ defenders—including the National Border Patrol Council union, House Homeland Security Committee ranking Republican Rep. John Katko (R-New York), and several former Border Patrol leaders in a mid-June letter—argue that they are not receiving due process because President Biden had demanded in September 2021 that they “pay” for their actions (original link, original link). Border Patrol union President Brandon Judd said that the union would appeal any punishments.

Critics of the OPR report note that it only covered what happened in the approximate half-hour on September 19 when the horse patrol was caught on camera, and that investigators did not speak to a single Haitian migrant. Nora Phillips, legal director of Haitian Bridge Alliance, told National Public Radio:

the official report contains some important inaccuracies. For example, she says, Border patrol agents did strike migrants with their horses’ reins. She’s also disappointed that investigators focused only on the incident with the horse patrols, while basically ignoring the squalid conditions in the camp.

“There was no investigation into that,” she said. “The lack of food, the lack of water, the lack of medical care. And that’s what’s also really disappointing.”

— Shaw Drake, “U.S. Border Patrol’s use of horses and verbal abuse against migrants in Del Rio, TX” (El Paso: ACLU Texas, September 21, 2021) https://www.aclutx.org/sites/default/files/aclu_tx_cbp_oig_letter_re_border_patrol_in_del_rio.pdf.

— Sarah Turberville, Chris Rickerd, “Abusing migrants while on horseback? That fits with the Border Patrol’s long history of brutality” (Los Angeles: The Los Angeles Times, September 22, 2021) https://www.latimes.com/opinion/story/2021-09-22/haitian-migrants-del-rio-border-patrol-horseback.

— Philip Bump, “What one photo from the border tells us about the evolving migrant crisis” (Washington: The Washington Post, September 20, 2021) https://www.washingtonpost.com/politics/2021/09/20/what-one-photo-border-tells-us-about-evolving-migrant-crisis/.

— Tweet from NAACP @NAACP (Twitter: September 21, 2021) https://twitter.com/NAACP/status/1440433080477519872.

Beyond the Bridge: Documented Human Rights Abuses and Civil Rights Violations Against Haitian Migrants in the Del Rio, Texas Encampment (United States: Robert F. Kennedy Human Rights and Haitian Bridge Alliance, March 29, 2022) https://rfkhr.imgix.net/asset/Del-Rio-Report.pdf.

— “US: Treatment of Haitian Migrants Discriminatory” (Washington: Human Rights Watch, September 21, 2021) https://www.hrw.org/news/2021/09/21/us-treatment-haitian-migrants-discriminatory.

Letter to Acting CBP Commissioner Troy Miller from six members of Congress (Washington: U.S. House of Representatives, September 22, 2021) https://int.nyt.com/data/documenttools/read-the-letter-from-lawmakers-demanding-answers-on-treatment-of-haitian-migrants/9e164db6d5b98eed/full.pdf.

— Annika Kim Constantino, “Biden condemns Border Patrol agents’ treatment of Haitian migrants, vows they will face consequences” (United States: CNBC, September 24, 2021) https://www.cnbc.com/2021/09/24/biden-condemns-border-patrol-treatment-of-haitian-migrants-in-del-rio.html.

Tweet from Homeland Security @DHSgov (Twitter: September 20, 2021) https://twitter.com/DHSgov/status/1440090164425019397.

Letter from former Border Patrol officials to DHS Secretary Alejandro Mayorkas (Washington: Washington Examiner, June 21, 2022) https://www.scribd.com/document_downloads/direct/579239144?extension=pdf&ft=1657135495&lt=1657139105&user_id=352475425&uahk=pzqbundOpAFXYAdmeffgbzGwQPI.

— Anna Giaritelli, “Border Patrol chiefs under three presidents warn Biden on ‘whipping’ discipline” (Washington: Washington Examiner, June 21, 2022) https://www.washingtonexaminer.com/policy/defense-national-security/border-patrol-chiefs-warn-biden-on-whipping.

— Eileen Sullivan and Zolan Kanno-Youngs, “Review Finds Agents Used Unnecessary Force Against Black Migrants” (New York: The New York Times, July 8, 2022) https://www.nytimes.com/2022/07/08/us/politics/border-patrol-investigation-migrants.html.

— Rep. John Katko, “Katko on the Del Rio Horse Patrol Investigation Report” (Washington: House of Representatives Homeland Security Committee Republicans, July 8, 2022) https://republicans-homeland.house.gov/katko-on-the-del-rio-horse-patrol-investigation-report/.

— Camilo Montoya-Galvez, Nicole Sganga, “Border Patrol agents on horseback used “unnecessary” force against Haitian migrants last year, investigators find” (United States: CBS News, July 8, 2022) https://www.cbsnews.com/news/border-patrol-agents-on-horseback-used-unnecessary-force-against-haitian-migrants-last-year-investigators-find/.

CBP Office of Professional Responsibility – Del Rio Horse Patrol Unit Investigation Report (Washington: CPB OPR, July 8, 2022) https://www.cbp.gov/document/report/cbp-office-professional-responsibility-del-rio-horse-patrol-unit-investigation.

— Joel Rose, “After Del Rio, some Haitian migrants found safety in the U.S. But many have not” (United States: National Public Radio, September 7, 2022) <https://www.npr.org/2022/09/07/1120775143/after-del-rio-some-haitian-migrants-found-safety-in-the-u-s-but-many-have-not>.

Footnotes from above:

[181]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[182]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[183]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[184]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[185]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Crowd Control, Racial Discrimination or Profiling, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, OPR Investigation Closed, Shared with Congressional Oversight Committees, Shared with DHS OIG

Victim Classification: Black, Family Unit, Haiti, Single Adult

Mid-September, 2021

A March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance recounted several examples of family separations during a mass migration event in Del Rio, Texas in September 2021.

Another Haitian asylum seeker traveled to Del Rio with her husband and their three-year-old son.[213] The woman’s husband had adopted the child and they had been living as a family since his birth. After spending five days in the encampment, the husband was separated from his wife and child and was deported back to Haiti. A significant number of Haitian migrants also reported being separated from their spouses. For example, after spending seven days in the encampment, a Haitian woman reported that she was separated from her husband during CBP processing and was unable to contact him.[214] She suspected that he was deported to Haiti.

In addition to the separation of minor children from parents and legal guardians, Haitian and other migrants from the encampment also reported DHS forcibly separating them from the extended family members they were traveling with, including grandparents, aunts, uncles, and siblings. For example, one Haitian asylum seeker who had been traveling with her twin sister reported that when they were issued tickets and processed by CBP personnel in the encampment, while she was allowed to enter the United States and was taken to the local respite center, her twin was taken into custody and deported back to Haiti—despite the fact that they had virtually identical asylum claims and circumstances.[215] A Haitian woman who was traveling with her husband, infant child, and sister reported that in the Del Rio encampment, her sister was separated from the couple and deported to Haiti.[216] A Venezuelan woman and her three-year-old child were separated from her elderly mother in the Del Rio encampment.[217] The woman was unable to communicate with her mother and had no knowledge of what happened to her.

Beyond the Bridge: Documented Human Rights Abuses and Civil Rights Violations Against Haitian Migrants in the Del Rio, Texas Encampment (United States: Robert F. Kennedy Human Rights and Haitian Bridge Alliance, March 29, 2022) https://rfkhr.imgix.net/asset/Del-Rio-Report.pdf.

Footnotes from above:

[213]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 24, 2021).

[214]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 24, 2021).

[215]: In-person interview by HBA case worker with Haitian individual in Del Rio, Texas (Sept. 21, 2021).

[216]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 24, 2021).

[217]: In-person interview by RFK Human Rights lawyer with Venezuela individual in Del Rio, Texas (Sept. 22, 2021).

Sector(s): Del Rio

Agency(ies): CBP, DHS

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti, Venezuela

Mid-September, 2021

A March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance found that DHS officials often lied to Haitian migrants about the destination of what turned out to be Title 42 expulsion flights, following a September 2021 mass migration event in Del Rio, Texas.

In the process of these expulsions, DHS officials reportedly made misleading statements to migrants, telling them that they were being flown to other locations within the United States for processing when, in reality, they were being expelled to Haiti. Because officers lied about where asylum seekers were being taken, some expelled individuals did not realize they had been sent to Haiti until they got off the plane.

Beyond the Bridge: Documented Human Rights Abuses and Civil Rights Violations Against Haitian Migrants in the Del Rio, Texas Encampment (United States: Robert F. Kennedy Human Rights and Haitian Bridge Alliance, March 29, 2022) https://rfkhr.imgix.net/asset/Del-Rio-Report.pdf.

Sector(s): Del Rio

Agency(ies): DHS

Event Type(s): Denial of Protection to Most Vulnerable, Lying or Deliberate Misleading

Last Known Accountability Status: Unknown

Victim Classification: Black, Haiti

Mid-September, 2021

A March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance included this testimony from a Haitian migrant who claims that CBP actions endangered him while crossing the Rio Grande during the September 2021 mass migration event in Del Rio, Texas.

One Haitian migrant described how as he was attempting to cross the Rio Grande and return to the encampment with food for himself and others, a CBP officer dismounted from his horse and deliberately cut the rope the migrant was using to navigate the deep water and strong current of the river.[186] He was in the middle of the river when the officer cut the rope and watched as the officer threw the severed rope into the Rio Grande and shouted that they could not return to the American side of the border. When the rope was cut, several other Haitians attempting to cross fell into the river and struggled to swim. He noted that “I thought I was going to die. I went through a lot of misery.”[187] This individual also saw CBP personnel hit and push Haitians closer to the river bank back into the water.

Beyond the Bridge: Documented Human Rights Abuses and Civil Rights Violations Against Haitian Migrants in the Del Rio, Texas Encampment (United States: Robert F. Kennedy Human Rights and Haitian Bridge Alliance, March 29, 2022) https://rfkhr.imgix.net/asset/Del-Rio-Report.pdf.

Footnotes from above:

[186]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[187]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

Sector(s):

Agency(ies): Border Patrol

Event Type(s): Endangerment

Last Known Accountability Status: Unknown

Victim Classification: Black, Haiti, Single Adult

Mid-September, 2021

In a March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance (HBA), narrating the September 2021 mass migration event in Del Rio, Texas, migrants’ testimonies offered several examples of CBP personnel denying medical care.

Many individuals reported that CBP personnel outright denied their requests for medical care, telling them to “go back to Mexico.” Multiple individuals reported that when they requested medical assistance from personnel, instead of medication or medical assistance, they were given a single piece of bread and a hot water bottle. For example, a Haitian man traveling with his wife and two-year-old daughter described how his daughter became very sick with gastrointestinal issues and respiratory issues from the dust.[166] She was vomiting frequently, had a high fever, and visible difficulty breathing. Despite the man’s pleading and repeated requests for help, CBP personnel denied this man’s child medical treatment on September 18th.

A Haitian woman’s son had constant diarrhea and developed a high fever. Eventually her son was so ill that she twice sought help at a medical tent where there were personnel who appeared to be doctors.[167] The woman recalled that the medical personnel treated her baby “like he was nothing.” Instead of paying attention to and treating her son, they kept taunting her by asking her “when her number would be called so that she would be put in jail and then deported.” Eventually they gave her some liquid drops and some ice gel packs for his fever, but those treatments did not appear to help her son’s condition. One couple described that when their nine-month-old child developed a severe rash from the dust, they went to the medic tent on September 21st to request medical assistance. [168] The personnel at the medic tent gave the couple a hot bottle of water and refused to provide the infant with further medication or medical care.

…One newborn infant almost died after being held in the encampment for several days. He survived only after HBA intervened and advocated for his admission to a hospital in Del Rio. The newborn’s condition had grown so precarious that, after he was finally removed from the Del Rio encampment, he had to be airlifted to a hospital in San Antonio, Texas where specialists were able to intervene and provide life-saving medical treatment.[171] One Haitian woman described, “I witnessed pregnant women going into labor taken in to give birth and then sent back under the bridge without further access to healthcare. And that was really heartbreaking for me. I’ll never forget that.”[172] An individual reported that after a pregnant Haitian asylum seeker went into labor, U.S. officials eventually took the woman out of the encampment, but then returned her and her newborn to the encampment mere hours after delivery.[173]

Beyond the Bridge: Documented Human Rights Abuses and Civil Rights Violations Against Haitian Migrants in the Del Rio, Texas Encampment (United States: Robert F. Kennedy Human Rights and Haitian Bridge Alliance, March 29, 2022) https://rfkhr.imgix.net/asset/Del-Rio-Report.pdf.

Footnotes from above:

[166]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[167]: Haitian Bridge Alliance v. Biden, No. 1:21-CV-03317 (D.D.C.) (filed Dec. 20, 2021), https://i com/data/documenttools/hba-v-biden/a8106eacd7c45afe/full.pdf.

[168]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[171]: In-person interview and observation by HBA caseworker with Haitian individual in Del Rio, Texas (Sept. 19-25, 2021).

[172]: In-person interview by HBA case worker with Haitian individual in Del Rio, Texas (Sept. 23, 2021).

[173]: Haitian Bridge Alliance v. Biden, No. 1:21-CV-03317 (D.D.C.) (filed Dec. 20, 2021), https://i com/data/documenttools/hba-v-biden/a8106eacd7c45afe/full.pdf.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Denial of Medical Care

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Black, Family Unit, Haiti, Medical Condition, Pregnancy, Single Adult

Mid-September, 2021

According to Robert F. Kennedy Human Rights and the Haitian Bridge Alliance, during the September 2021 mass migration event in Del Rio, Texas, CBP provided “extremely limited access to food and water. “In the initial days of the crisis, CBP personnel arranged a minimal number of service stations in the encampment and began providing a small bread roll and one bottle of water per person, per day. Individuals were required to wait in line, often for over an hour.”

As U.S. officials began handing out food and water, one Haitian man waited in line with hundreds of others to receive a bottle of water and a piece of bread. As he waited for food, he observed that the rations were not enough to sustain him and his family. He also saw how officials distributing the food taunted the asylum seekers by throwing water bottles at them. He described the experience:

“It was humiliating. It felt like at home how you would throw food for chickens on the floor. That’s how they treated us. It felt like they did enough so we wouldn’t die but no more than that. It felt like a nightmare.” [150]

The RFK-HBA report finds that the lack of access to clean water forced many Haitians in Del Rio to drink from the Rio Grande, which is not potable, sickening many.

Beyond the Bridge: Documented Human Rights Abuses and Civil Rights Violations Against Haitian Migrants in the Del Rio, Texas Encampment (United States: Robert F. Kennedy Human Rights and Haitian Bridge Alliance, March 29, 2022) https://rfkhr.imgix.net/asset/Del-Rio-Report.pdf.

Footnote from above:

[150]: Haitian Bridge Alliance v. Biden, No. 1:21-CV-03317 (D.D.C.) (filed Dec. 20, 2021), https://i com/data/documenttools/hba-v-biden/a8106eacd7c45afe/full.pdf.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Denial of Food or Water

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti, Single Adult

September 20, 2021

Politico revealed the existence of a DHS Inspector-General report, which would not be publicly released until October (original link). The report finds that CBP improperly targeted U.S. advocates and journalists whom the agency believed had some involvement with 2018-19 migrant caravans through Mexico. These individuals were subjected to more intrusive inspections when crossing the border into the United States, and “sensitive information” about them was shared with the Mexican government.

An October 11, 2021 article about the report at ProPublica focused on the Tactical Terrorism Response Teams, secretive CBP intelligence units that are “trained in counterterrorism, not immigration issues.” It found, “[A]t least 51 U.S. citizens were flagged for interrogation-often based on evidence as flimsy as once having ridden in a car across the border with someone suspected of aiding the caravan.” The Tactical Terrorism Response Teams were the subject of a September 4, 2021 investigation by The Intercept, which found that they had detained and interrogated 600,000 travelers at ports of entry between 2017 and 2019.

On January 8, 2022, the DHS Inspector-General published a heavily redacted report focusing on CBP’s revocations of “trusted traveler” status for those singled out as under suspicion (original link). Officers, the report concluded, “did not evaluate unsubstantiated information, and made unsupported conclusions” when they revoked the “trusted” status of two U.S. citizens whom they believed were aiding the 2018-19 migrant caravans.

On January 11, 2022, NBC’s San Diego affiliate spoke to a pastor who was suing because CBP officers, believing she was tied to a caravan, requested that the Mexican government deny her entry.

The intelligence episode was the subject of an August 11, 2022 investigation by Palabra, which cites John Sandweg, the former acting director of U.S. Immigration and Customs Enforcement under the Obama administration:

“One of the things CBP needs to be careful about is … they have great discretion to conduct warrantless searches at the border,” Sandweg said. “Stories like this can undermine that authority. The courts start believing this isn’t a tool that’s reserved only for those who are high risk travelers or have a criminal history … you start seeing it’s lawyers and journalists who are only doing their jobs who are getting secondaried 12 times, that’s the kind of thing that gets courts to start eroding the authorities CBP relies on today to stop terrorist from entering the country.”

— Daniel Lippman, “Watchdog: CBP improperly targeted Americans as caravans approached border” (Washington: Politico, September 23, 2021) https://www.politico.com/news/2021/09/23/cbp-americans-caravans-border-513829.

CBP Targeted Americans Associated with the 2018–2019 Migrant Caravan, OIG-21-62 (Washington: DHS Office of the Inspector-General, September 20, 2021) https://www.oig.dhs.gov/sites/default/files/assets/2021-09/OIG-21-62-Sep21.pdf.

— Dara Lind, “A Secretive Counterterrorism Team Interrogated Dozens of Citizens at the Border, Government Report Finds” (Washington: ProPublica, October 11, 2021) https://www.propublica.org/article/a-secretive-counterterrorism-team-interrogated-dozens-of-citizens-at-the-border-government-report-finds.

Trusted Traveler Revocations for Americans Associated with the 2018-2019 Migrant Caravan, OIG-22-13 (Washington: DHS Office of the Inspector-General, January 8, 2022) https://www.oig.dhs.gov/sites/default/files/assets/2022-01/OIG-22-13-Jan22-Redacted.pdf.

— Meredith Royster, Tom Jones, Mari Payton, Alexis Rivas, “CBP Officer Who Asked Mexico to Deny Entry to Some US Citizens Speaks Under Oath” (San Diego: NBC 7 San Diego, January 11, 2022) https://www.nbcsandiego.com/news/investigations/cbp-officer-who-asked-mexico-to-deny-entry-to-some-us-citizens-speaks-under-oath/2835644/.

— Jason Buch, “Bad Intelligence” (Palabra, August 11, 2022) https://www.palabranahj.org/archive/bad-intelligence.

Sector(s): Border-Wide

Agency(ies): CBP, Tactical Terrorism Response Teams

Event Type(s): Intimidation of Humanitarian Workers, Misuse of Intelligence Capability

Last Known Accountability Status: Cleared by DHS OIG

Victim Classification: Advocate or Humanitarian Worker, Journalist, U.S. Citizen or Resident

September 18, 2021

A CBP officer was among those arrested at the small “Justice for January 6” far-right protest in Washington on September 18. “The officer had a gun, but was not on duty at the time of arrest,” reported Nicole Sganga of CBS News.

— “Tweet by Nicole Sganga @NicoleSganga” (Twitter: September 20, 2021) https://twitter.com/NicoleSganga/status/1440029782545092619.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Insubordinate or Highly Politicized Conduct, Unethical Off-Duty Behavior

Last Known Accountability Status: Criminal Charges Pending, Shared with DHS OIG

Victim Classification:

September 18, 2021

Border Patrol agents in two vehicles pursued an Acura SUV that circumvented the Border Patrol tactical checkpoint in Deming, New Mexico. The driver “lost control and crashed,” a CBP release reported (original link). “Multiple occupants were ejected from the vehicle, which caught on fire.”

A female citizen of Ecuador was pronounced dead at the scene. At least seven more individuals were hospitalized. One, a male citizen of Brazil, “succumbed to his injuries on September 27, 2021.”

“This incident is being investigated by Homeland Security Investigations and the New Mexico State Police and reviewed by the U.S. Customs and Border Protection Office of Professional Responsibility and the New Mexico Office of the Medical Investigator,” CBP reported. “The Department of Homeland Security Office of Inspector General was also notified of the incident.”

— “Multiple migrants airlifted to hospital, one deceased” (Washington: U.S. Customs and Border Protection, September 21, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/multiple-migrants-airlifted-hospital-one-deceased.

— Bill Armendariz, “1 dead, 9 injured in rollover near Luna County Border Patrol checkpoint” (Deming: Deming Headlight, September 19, 2021) https://www.demingheadlight.com/story/news/2021/09/19/1-dead-9-injured-rollover-near-luna-county-border-patrol-checkpoint/8413349002/.

Sector(s): El Paso

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: Brazil, Ecuador, Female, Single Adult

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

September 14, 2021

A March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance recounted the separation of a Haitian family in Del Rio, Texas in September 2021.

[O]n September 14th, officers took one Haitian man and his family to a detention facility, where they remained for approximately five days.[211] The man and his sixteen-year-old son were separated from each other and from the rest of the family. When the man tried to see anyone in his family, the guards yelled at him and prevent him from doing so. At one point, an officer screamed at him, “No one told you to come to the U.S.”[212]

Beyond the Bridge: Documented Human Rights Abuses and Civil Rights Violations Against Haitian Migrants in the Del Rio, Texas Encampment (United States: Robert F. Kennedy Human Rights and Haitian Bridge Alliance, March 29, 2022) https://rfkhr.imgix.net/asset/Del-Rio-Report.pdf.

Footnotes from above:

[211]: Haitian Bridge Alliance v. Biden, No. 1:21-CV-03317 (D.D.C.) (filed Dec. 20, 2021), https://i com/data/documenttools/hba-v-biden/a8106eacd7c45afe/full.pdf.

[212]: Haitian Bridge Alliance v. Biden, No. 1:21-CV-03317 (D.D.C.) (filed Dec. 20, 2021), https://i com/data/documenttools/hba-v-biden/a8106eacd7c45afe/full.pdf.

Sector(s): Del Rio

Agency(ies): DHS

Event Type(s): Abusive Language, Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti

September 14, 2021

The DHS Inspector General completed an unpublished report, obtained in part and revealed in February 2022 by ProPublica and El Paso Matters, sharing findings about the May 2019 in-custody death of Carlos Gregorio Hernández Vásquez (original link). As the journalistic outlets put it, the victim, a 16-year-old unaccompanied Guatemalan migrant, “died of the flu after writing on the floor of his cell” in the Weslaco, Texas Border Patrol station.

Hernández had a 103-degree fever, tested positive for influenza, and a nurse practitioner had instructed agents in writing “that he should be checked again in two hours and taken to the emergency room if his condition worsened.” Only one medical staff person was on overnight duty at the Weslaco Station, which was being used as a makeshift sick ward and had “60-70” flu patients among 210 ill detainees at the time. Agents logged regular “welfare checks” on the boy, but video footage of his cell showed no evidence of checks during a period of nearly four and a half hours.

The log entries were false, the Inspector-General’s report determined. The lead agent told Inspector General investigators that he made hourly checks of the cell, but

added that at that time, it was impossible for him to conduct welfare checks on 300 to 350 detainees every hour. According to [redacted] common practice, Team Leads check the “select all” tab in the [redacted] system and press enter, reporting all detainees received an hourly welfare check.

“Falsifying federal records to impede administration of an agency’s function is a crime,” ProPublica and El Paso Matters point out. “But the U.S. Attorney’s Office for the Southern District of Texas declined to prosecute anyone in Hernandez’s death, the report said.” The report did not specify whether anyone involved in Hernández’s case had been disciplined. CBP “declined to comment on whether any agents have faced discipline stemming from Hernandez’s death or whether any changes had been made as a result of the inspector general report,” noting that it is continuing an internal investigation of the nearly three-year-old case.

On July 20, 2021, the DHS Inspector-General had reported that, in 98 cases examined of ill people in custody, “CBP could not always demonstrate staff conducted required medical screenings or consistent welfare checks” (original link).

Report of Investigation, Carlos Gregorio Hernandez-Vasquez, U.S. Border Patrol Weslaco Station, Weslaco, Texas (Washington: DHS Office of Inspector General, September 14, 2021) https://www.documentcloud.org/documents/21196072-dhs-oig-report-carlos-hernandez-vasquez.

— Robert Moore, “Internal Investigation Confirms Border Patrol Failures Leading Up to a 16-Year-Old’s Death on the Floor of His Cell” (ProPublica and El Paso Matters, February 8, 2022) https://elpasomatters.org/2022/02/08/internal-investigation-confirms-border-patrol-failures-leading-up-to-a-16-year-olds-death-on-his-cell-floor/.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Medical Care, Lying or Deliberate Misleading

Last Known Accountability Status: DHS OIG investigation Closed, Under OPR Investigation, Unknown

Victim Classification: Guatemala, Medical Condition, Unaccompanied Child

September 4, 2021

The Intercept published information, obtained via a Freedom of Information Act (FOIA) request, about CBP’s Tactical Terrorism Response Teams, which operate at 79 ports of entry. Established in 2015, the teams “consist of CBP officers and Border Patrol agents who work closely with CBP’s National Targeting Center, which gathers and vets intelligence.” Their scope has since expanded beyond counter-terrorism.

The documents show that Tactical Terrorism Response Teams (TTRTs) detained and interrogated more than 600,000 travelers, about a third of them U.S. citizens, between 2017 and 2019. They denied entry to 8,000 foreign travelers and a handful of U.S. citizens.

“Within 100 miles of any U.S. land or coastal boundary, CBP can detain, question, search, and seize property with fewer restrictions than law enforcement in the interior of the country,” the Intercept recalls, adding that there are indications that some of the Tactical Terrorism Response Teams’ targeting has appeared “politically or ideologically motivated.”

Weeks later, starting on September 20, 2021, media outlets would begin reporting on DHS Inspector-General findings about Tactical Terrorism Response Teams’ targeting of activists and journalists during 2018-19 migrant caravans in Mexico.

— Melissa del Bosque, “Secretive CBP Counterterrorism Teams Interrogated 180,000 U.S. Citizens Over Two-Year Period” (Type Investigations, The Intercept, September 4, 2021) https://theintercept.com/2021/09/04/cbp-border-tactical-terrorism-response-teams/.

Sector(s): Border-Wide

Agency(ies): Tactical Terrorism Response Teams

Event Type(s): Misuse of Intelligence Capability

Last Known Accountability Status: Unknown

Victim Classification: U.S. Citizen or Resident