17 Records of Alleged Abusive or Improper Conduct in March 2022

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

Early 2022

A lesbian asylum seeker from Honduras told Human Rights Watch of how U.S. border officials applied Title 42, expelling her to Ciudad Juárez, Mexico, where she had already endured a kidnapping, despite her pleas for protection.

She said that when she explained to US border officials that she was a lesbian seeking asylum from Honduras and that she had also experienced abuse in Mexico, agents laughed at her. She said one agent told her, “I don’t care what’s happening to you.” She was expelled to Honduras, and immediately fled again to the US border, this time afraid to seek asylum for fear of being returned to Honduras again.

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): Abusive Language, Denial of Protection to Most Vulnerable

Last Known Accountability Status: Unknown

Victim Classification: Female, Honduras, LGBTQ

March, 2022

An April 2022 report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado recounts the days-long separation of a Haitian family in CBP custody, along with allegations of racist language.

An asylum-seeking Haitian family expelled under Title 42 to Haiti and forced to flee again reported in March 2022 that during the expulsion CBP officers separated the parents from their 16-year-old daughter and subjected the girl to racist abuse. The family was detained for days in freezing cold CBP holding cells, with the teenager held separately with other children. She told Human Rights First that during the painful days she was detained away from her parents U.S. officers called her racist names including the N-word.

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

Event Type(s): Abuse of Minor, Abusive Language, Conditions in Custody, Family Separation, Racial Discrimination or Profiling

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Black, Family Unit, Female, Haiti

March, 2022

An April 2022 report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado recounts the experience of a Honduran asylum-seeking family that spent three days in CBP custody before being expelled into Mexico under Title 42.

CBP held an asylum-seeking Honduran family in freezing cells for days before expelling them under Title 42 without their belongings to Mexico where they were kidnapped just prior to attempting to seek asylum near Calexico. During their three days in CBP custody, the family of three children and their mother were forced to sleep on the floor of a freezing cold holding cell with nothing but foil blankets to keep warm. When CBP expelled the family under Title 42 to San Luis Río Colorado, the officers did not return the family’s possessions, including money, luggage, and medications. They received only their shoes, which were soaking wet and covered in dirt causing painful blisters to develop as the family walked in search of a bus to take them to a shelter.

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

Sector(s): El Centro, San Diego Field Office

Agency(ies): Border Patrol, Office of Field Operations

Event Type(s): Conditions in Custody, Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Honduras

March, 2022

A report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado discusses CBP’s insistence on expelling members of an imminently threatened Mexican family with an injured teenager in San Diego.

In March 2022 CBP turned away a Mexican asylum-seeking family fleeing Michoacán after the cartel that had threatened to kill them tortured a family member into disclosing their location in Tijuana. Desperate to escape the cartel, the family attempted to climb over the 30-foot border wall, but a 14-year-old girl fell and was seriously injured. CBP expelled the family back to danger in Tijuana under Title 42 allowing only the girl’s mother to remain with her at a San Diego hospital. The family told the San Diego Union-Tribune, “she’s fighting for her life, and we only did it because [the cartel] already knew we were in Tijuana. We didn’t have another option.”

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

— Kate Morrissey, “Ukrainians Only: Racial Disparities in U.S. Border Policies Grow More Obvious” (The San Diego Union-Tribune, Tuesday, March 22, 2022) https://www.sandiegouniontribune.com/news/immigration/story/2022-03-19/ukrainians-border-title-42.

Sector(s): San Diego 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

March, 2022

“In March 2022, CBP turned away a Nigerian asylum seeker with urgent medical needs,” reads a report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado. “The man had been shot multiple times in Mexico, required a colostomy bag to eat, and urgently needed medical treatment unavailable in Tijuana, according to Nicole Ramos, an attorney with Al Otro Lado.”

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Black, Nigeria, Single Adult

Late March, 2022

The Kino Border Initiative (KBI) spoke with five migrants, removed to Nogales, who had been traveling with Carmelo Cruz-Marcos, a Mexican migrant who was shot to death by a Border Patrol agent on February 19:

Five members of the group traveling with the migrant who was murdered by Border Patrol on February 19th arrived at Kino earlier this month. They had all been held a month and a half in detention as witnesses to the crime. One of those in the group was a cousin of the victim, and was not informed for a week that his cousin had died.

When the group was expelled to Nogales, Sonora, Border Patrol did not return their identification or the money they had with them when they were detained.

— “March 31 Update from KBI” (Nogales: Kino Border Initiative, March 31, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Confiscation of Documents, Non-Return of Belongings

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

Victim Classification: Single Adult

Late March, 2022

The Kino Border Initiative (KBI) reported about a family expelled to Nogales despite pleading with a Border Patrol agent for asylum:

A Guatemalan father traveling with his wife and three children, 2 of whom are US citizens, shared with KBI staff that US officials refused to hear their asylum claim. The family crossed into the US through the desert and turned themselves into Border Patrol agents to ask for asylum. His wife tried to explain their case to one Border Patrol agent, and he responded, “Shut up lady, don’t ask!” When Border Patrol put the family on a bus to expel them, she pleaded with another agent to at least let her US citizen children stay so they could be safe, since they have a right to be in the country. The agent refused and said the whole family would be going to Mexico.

— “March 31 Update from KBI” (Nogales: Kino Border Initiative, March 31, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Family Unit, Guatemala, U.S. Citizen or Resident

Late March, 2022

The Kino Border Initiative (KBI) reported about a woman whom Border Patrol expelled to Nogales though she had proof of being raped by her smugglers. The agent, she said, confiscated her medical document:

Border Patrol expelled a young Guatemalan woman to Nogales, Mexico last week despite the fact that she had been repeatedly raped by the guides that brought her across the border into the US. Her attackers threatened her life if she went to the authorities. One Border Patrol agent insinuated that the woman was lying about the attack, and tried to convince her not to undergo a forensic examination that would verify the abuse. When she showed paperwork from the hospital examination to a Border Patrol agent as proof of the attack, asking that he not send her back to Mexico, the Border Patrol agent confiscated the paperwork and did not return it to her.

— “March 31 Update from KBI” (Nogales: Kino Border Initiative, March 31, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Confiscation of Documents, Denial of Protection to Most Vulnerable, Return of Vulnerable Individuals

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

Victim Classification: Female, Guatemala, Sexual Abuse Victim, Single Adult

March, 2022

A report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado recounts CBP’s expulsion of a Mexican family who presented graphic evidence of their protection needs.

In March 2022, CBP officers turned away a Mexican asylum seeker and her children who fled Guerrero after the woman’s husband and teenage son were murdered. The woman brought photos of the chopped-up bodies of her loved ones as evidence of the danger the family had fled. “I’m not here because I want to be here. I’m here to save the lives of my children,” she told the San Diego Union- Tribune. The family spent the night outside the port of entry until Mexican officials pressured them to leave the area.

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

— Kate Morrissey, “Ukrainians Only: Racial Disparities in U.S. Border Policies Grow More Obvious” (The San Diego Union-Tribune, Tuesday, March 22, 2022) https://www.sandiegouniontribune.com/news/immigration/story/2022-03-19/ukrainians-border-title-42.

Sector(s): San Diego 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

March 25, 2022

Activist Scott Nicol posted photographs of Cuban and Costa Rican vaccination cards discarded in a trash bag at a site near the border wall In Mission, Texas. The trash, left by Border Patrol agents, included personal belongings of asylum-seeking migrants who regularly turn themselves in at this site.

—”Scott Nicol @Scott_NicolTX on Twitter” (United States, Twitter, March 25, 2022) https://twitter.com/Scott_NicolTX/status/1507508896272949257.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Disregard of Public Health, Non-Return of Belongings

Last Known Accountability Status: No Steps Taken

Victim Classification: Costa Rica, Cuba

March 22, 2022

An article at the Border Chronicle covered “Veterans on Patrol,” a QAnon-affiliated citizen militia group in rural Arizona that has interdicted hundreds of unaccompanied children when they cross the border. While the militia turns the kids over to Border Patrol, its members “take the phone numbers of the children’s sponsors and, in some cases, confront the sponsors at their homes in the United States.”

Border Chronicle reporter Melissa del Bosque questioned why Border Patrol permits the militia group to carry out these activities, including leaving no presence but “Veterans on Patrol” at gaps in the border wall where children regularly cross.

—Melissa del Bosque, “’Humanitarians’ with Guns” (United States, The Border Chronicle, March 22, 2022) https://www.theborderchronicle.com/p/humanitarians-with-guns.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Vigilantism Tolerance or Collaboration

Last Known Accountability Status: No Steps Taken

Victim Classification: Unaccompanied Child

Early March, 2022

“Border Patrol continues to expel people into Nogales, Sonora at night under the pretext of public safety,” the Kino Border Initiative (KBI) reported.

Last weekend KBI staff were made aware that dozens of migrants were expelled to Nogales, Sonora around midnight.

This week a Honduran man reported that he was expelled to Nogales, MX with a group of migrants at around 10PM. At that time, there were no humanitarian services available. Since they did not know the city and had no money, the group was forced to sleep outside next to the train tracks.

— “March 17 Update from KBI” (Nogales: Kino Border Initiative, March 17, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

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

Victim Classification: Honduras, Single Adult

Early March, 2022

The Kino Border Initiative (KBI) reported about a Mexican man expelled to Nogales by Border Patrol agents who did not return his group’s mobile phones:

A young Mexican father who was expelled to Nogales last week reported that Border Patrol had confiscated his cell phone and that of 4 others traveling in the group with him and never returned their phones. The man expressed through tears that the phone itself did not matter much to him, but that he could never replace the photos of his daughter and videos from her birthday celebration that were saved on the phone.

— “March 17 Update from KBI” (Nogales: Kino Border Initiative, March 17, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

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

Victim Classification: Mexico, Single Adult

Early March, 2022

The Kino Border Initiative (KBI) reported about a Honduran man expelled to Nogales by Border Patrol without most of his belongings:

A Honduran man expelled under Title 42 last week shared with KBI staff that he had fled threats in his hometown and then attempted to cross into the US to seek asylum. When Border Patrol detained him, they took most of his belongings, including the humanitarian VISA he had been granted in Mexico, and did not return it when they expelled him to Nogales, MX. He expressed concern that without a valid ID in Mexico, he would not be able to travel or access work, housing or public services.

— “March 17 Update from KBI” (Nogales: Kino Border Initiative, March 17, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Confiscation of Documents, Non-Return of Belongings

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

Victim Classification: Honduras, Single Adult

Early March, 2022

“Numerous migrants arriving in Nogales in the last two weeks after being expelled reported that Border Patrol agents took their belongings and did not return them upon expulsions to Nogales, Sonora, México,” reported the Kino Border Initiative (KBI). “Migrants reported that Border Patrol agents did not return clothing, personal hygiene items, food, water, medicine, phones, backpacks, and personal documentation. Several migrants expressed that the loss of these items made survival at the border and travel to their next destination even more difficult.”

— “March 17 Update from KBI” (Nogales: Kino Border Initiative, March 17, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

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

Victim Classification:

March 11, 2022

A report from the Department of Homeland Security (DHS) Chief Security Officer, requested by DHS Secretary Alejandro Mayorkas, finds few examples of violent domestic extremism among the Department’s workforce (original link). It warns, however, that DHS lacks clear definitions, training, guidances, and procedures to detect and root out extremist behavior.

A “data call” among DHS components identified 35 allegations of potential violent extremist activity between fiscal year 2019 and the third quarter of fiscal year 2021. Upon further review, four of those incidents “involved active participation or support for violent extremist activity,” the rest were deemed either unsubstantiated or miscategorized. The report does not specify how many of these incidents, if any, involved DHS’s border agencies.

“Because of the challenges with identifying, categorizing, and tracking this information,” the report notes, “it is possible that the data call resulted in an under-reporting of the number of allegations made and investigations conducted.”

Domestic Violent Extremism Internal Review: Observations, Findings, and Recommendations (Washington: Department of Homeland Security Office of the Chief Security Officer, March 11, 2022) https://www.dhs.gov/sites/default/files/2022-03/Report%20to%20the%20Secretary%20of%20Homeland%20Security%20Domestic%20Violent%20Extremism%20Internal%20Review%20Observations%2C%20Findings%2C%20and%20Recommendations.pdf.

Sector(s): Border-Wide

Agency(ies): DHS

Event Type(s): Insubordinate or Highly Politicized Conduct

Last Known Accountability Status: No Steps Taken

Victim Classification:

March 2, 2022

Unnamed Border Patrol agents responded to Fox News with “anger and mockery” to President Joe Biden’s calls, in his March 1 State of the Union address, to secure the U.S.-Mexico border.

“Very few people within CBP believe this administration will actually secure the border, they just do not believe in it,” one agent told Fox News Digital. “All of their actions, comments and practices are solely about pushing in as many illegal aliens as possible, not just those from the Americas but from around the world.”

Other agents were more blunt in their assessment of the president’s remarks.

“F—ing pandering 101, full of sh–,” one agent told Fox News.

“I laughed,” said another

Another said they didn’t even turn it on: “Figured it would be all lies and smoke…We’re losing so many agents, they’re fed up.”

“We all know he doesn’t care about secure borders,” another agent told Fox.

One agent cast doubt on the validity of asylum seekers’ claims, and leveled criticism at immigration judges.

“Immigration judges usually tend to follow the tendencies or intentions of their appointing administration, that means I and many other agents have little faith in them to actually follow immigration law,” they said. “The vast majority of these illegal aliens have no legitimate claims to asylum but administration-picked and taxpayer-funded lawyers will argue otherwise.  Unemployment, inability to buy groceries, domestic violence, bad schools and bad weather are not legitimate claims, period.”

— Adam Shaw, Bill Melugin, Peter Hasson, “Border Patrol Agents Don’t Buy Biden Pledge to Secure Border as They Deal With Migrant Crisis: ‘Full of S—‘” (Fox News, March 3, 2022) https://www.foxnews.com/politics/border-patrol-agents-bidens-pledge-secure-border-migrant-crisis.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Insubordinate or Highly Politicized Conduct

Last Known Accountability Status: Unknown

Victim Classification: