7 Records of Alleged Abusive or Improper Conduct in November 2022

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

November 30, 2022

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

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

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

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

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

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

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

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

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

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

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

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

November 2022

In November 2022, the Department of Homeland Security (DHS) Office of Inspector General (OIG) conducted unannounced inspections of U.S. Customs and Border Protection (CBP) facilities. OIG personnel inspected two facilities of Border Patrol’s El Paso sector and one CBP Office of Field Operations port of entry. On September 15th, 2023, OIG published a 40-page report of its findings. 

The visits took place at a time of heavy migration to the El Paso sector. At the time of the inspection, Border Patrol had 1,903 people in custody at its El Paso processing center (M-CPC). Inspectors interviewed a random sample of 10 percent of those being held.

The inspection broadly revealed that the Border Patrol facilities met Transport, Escort, Detention, and Search (TEDS) standards to provide basic amenities including drinking water, meals, access to toilets, hygienic supplies, and bedding. 

However, CBP was out of compliance with detention time requirements, as well as the provision of regularly scheduled meals and showers. More than half of those surveyed were held in CBP custody for more than the 72 hours required in non-emergency circumstances.

TEDS standards require facilities to provide showers to juveniles at most every 48 hours and to adults at most every 72 hours while in CBP custody. While detainees were provided with showers during intake, they were not provided with showers every 48 or 72 hours thereafter. Detainees were also not given hygienic materials like toothpaste and toothbrushes. According to a CBP official, the facility faced limited shower capacity, insufficient staffing, and overcrowding that prevented officers from providing these required showers and supplies. 

The inspection also revealed data integrity issues in Border Patrol’s electronic records system, E3. During an inspection of a sample of twenty custody logs, OIG found gaps in entries of when meals, blankets, and hygiene items were provided. When attempting to locate a detainee for interviews, CBP officials were unable to locate the person due to E3 discrepancies.

In a February 2023 follow-up visit, at a time when the El Paso sector was receiving far fewer migrants, OIG inspected the facility once again and considered all of its recommendations resolved.

—“Results of Unannounced Inspections of CBP Holding Facilities in the El Paso Area” (Washington: DHS Office of Inspector-General, September 15, 2023) https://www.oig.dhs.gov/sites/default/files/assets/2023-09/OIG-23-50-Sep23.pdf.

Sector(s): Border Patrol, CBP, El Paso, El Paso Field Office

Agency(ies): Border Patrol, CBP

Event Type(s): Conditions in Custody, Denial of Food or Water

Last Known Accountability Status: Cleared by DHS OIG

Victim Classification: Family Unit, Single Adult

Early November, 2022

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

Among cases cited:

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

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

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Early November, 2022

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

Among cases cited:

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

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

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

Early November, 2022

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

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

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

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Kidnap Victim, Mexico, Single Adult

November 6, 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Confiscation of Documents

Last Known Accountability Status: Unknown

Victim Classification: Venezuela

November 4, 2022

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

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

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

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Under GAO Investigation

Victim Classification: