20 Records of Alleged Abusive or Improper Conduct in “El Paso”

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

August 9, 2022

A DHS Inspector-General report, based on seven October 2021 unannounced inspections of El Paso-area CBP facilities, found Border Patrol holding hundreds of migrants in custody for longer than the normal 72-hour limit, despite a lack of overcrowding (original link). In addition, “Border Patrol held some migrants placed for expulsion under Title 42 authorities for longer than 14 days, which is inconsistent with Border Patrol policy,” and CBP was “inconsistent” in its separation of juveniles from unrelated adults in custody.

El Paso Sector Border Patrol Struggled with Prolonged Detention and Consistent Compliance with TEDS Standards (Washington: Department of Homeland Security Office of Inspector-General, August 9, 2022) https://www.oig.dhs.gov/sites/default/files/assets/2022-08/OIG-22-57-Aug22.pdf.

Sector(s): El Paso, El Paso Field Office

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

Event Type(s): Conditions in Custody

Last Known Accountability Status: DHS OIG investigation Closed

Victim Classification:

July 27, 2022

A letter from the ACLU of New Mexico and ACLU of Texas called for an investigation of a July 27 vehicle crash in Santa Teresa, New Mexico that killed two Mexican citizens and injured nine others. While Border Patrol was pursuing the vehicle before it crashed in the pre-dawn hours of the 27th, the agency reported that it had discontinued its chase, and that the driver lost control, flipping the vehicle.

Two Mexican citizen brothers, who were allegedly seeking to smuggle eleven migrants, face federal and state charges as a result of the incident; one said that the criminal organization that hired him had ordered him “not to stop if law enforcement attempted to pull him over.”

Border Patrol agents stand accused of a pattern of engaging in dangerous vehicle pursuits, at times in populated areas, with increasingly frequent fatalities. “There have already been 17 deaths this year due to Border Patrol vehicle pursuits, while there were 23 last year – an 11-fold increase since 2019,” the ACLU letter noted, urging CBP Commissioner Chris Magnus not to allow agents to employ Title 42 to expel any of the “victim-witnesses.”

— Rebecca Sheff, Shaw Drake, “Border Patrol’s Deadly Vehicle Pursuit on July 27, 2022 in Santa Teresa, NM” (New Mexico, Texas, ACLU of New Mexico, ACLU of Texas, July 27, 2022) https://www.aclu-nm.org/sites/default/files/field_documents/2022.07.27_aclu_letter_to_cbp_re_santa_teresa_vehicle_pursuit.pdf.

— Cindy Ramirez, “ACLU again questions Border Patrol pursuits, investigations after rollover leaves 2 dead” (El Paso: El Paso Matters, July 29, 2022) https://elpasomatters.org/2022/07/29/two-dead-in-santa-teresa-new-mexico-rollover-crash-after-border-patrol-pursuit/.

— Julian Resendiz, “Cartel to driver in fatal crash: Don’t stop for Border Patrol” (El Paso: Border Report, August 2, 2022) https://www.borderreport.com/immigration/border-crime/cartel-to-driver-in-fatal-crash-dont-stop-for-border-patrol/.

— “Two die in vehicle accident transporting undocumented migrants in New Mexico” (Washington: U.S. Customs and Border Protection, August 6, 2022) https://www.cbp.gov/newsroom/speeches-and-statements/two-die-vehicle-accident-transporting-undocumented-migrants-new.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Shared with DHS OIG, Under ICE-HSI Investigation, Under Local Police investigation, Under OPR Investigation

Victim Classification:

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

January 13, 2022

A January 2022 Human Rights First report recounted the experience of four Nicaraguan and Venezuelan asylum seekers who were laterally flown from McAllen to El Paso, Texas, detained for more than 10 days, then placed into the “Remain in Mexico” (RMX) program.

The men had crossed the border near the Rio Grande Valley in November 2021, where CBP initially detained them in horrible conditions in hieleras (extremely cold cells), woke them in the middle of the night, shackled them by their hands, feet, and waists, and then flew them to El Paso. There they were held in CBP cells for several more days before being sent to Ciudad Juárez under RMX. CBP falsely told some of the men that they were being transferred for release to family members in the United States.

A Shameful Record: Biden Administration’s Use of Trump Policies Endangers People Seeking Asylum (New York: Human Rights First: January 13, 2022) https://www.humanrightsfirst.org/resource/shameful-record-biden-administration-s-use-trump-policies-endangers-people-seeking-asylum.

Sector(s): El Paso, El Paso Field Office, Rio Grande Valley

Agency(ies): Border Patrol, CBP

Event Type(s): Conditions in Custody, Lying or Deliberate Misleading

Last Known Accountability Status: Unknown

Victim Classification: Nicaragua, Single Adult, Venezuela

January 13, 2022

According to a January 2022 Human Rights First report on the “Remain in Mexico” (RMX) program in El Paso, “Some migrants and asylum seekers said CBP officers refused to provide masks to detainees who requested them and that some CBP officers were themselves not consistently wearing personal protective equipment.” In San Diego in early January 2022, one man “reported that CBP officers refused to provide him a mask when he requested one.”

A Shameful Record: Biden Administration’s Use of Trump Policies Endangers People Seeking Asylum (New York: Human Rights First: January 13, 2022) https://www.humanrightsfirst.org/resource/shameful-record-biden-administration-s-use-trump-policies-endangers-people-seeking-asylum.

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

Agency(ies): CBP

Event Type(s): Conditions in Custody, Disregard of Public Health

Last Known Accountability Status: Unknown

Victim Classification:

January 13, 2022

A January 2022 Human Rights First report, discussing implementation of the “Remain in Mexico” (RMX) program in El Paso, recounted examples of denial of medical attention to detained migrants.

A Nicaraguan man told Human Rights First that CBP officers ignored another detainee who lay unconscious on the floor of the cell for hours until other detainees begged for assistance. The Border Project reported that a migrant placed in RMX in El Paso had been held in a CBP detention facility for four days and denied needed blood pressure medication.

A Shameful Record: Biden Administration’s Use of Trump Policies Endangers People Seeking Asylum (New York: Human Rights First: January 13, 2022) https://www.humanrightsfirst.org/resource/shameful-record-biden-administration-s-use-trump-policies-endangers-people-seeking-asylum.

Sector(s): El Paso, El Paso Field Office

Agency(ies): CBP

Event Type(s): Denial of Medical Care

Last Known Accountability Status: Unknown

Victim Classification: Nicaragua

January 13, 2022

A January 2022 Human Rights First report, discussing implementation of the “Remain in Mexico” (RMX) program in El Paso, reported that “CBP did not permit detained migrants and asylum seekers, many of whom were detained for nearly two weeks, to call their families to inform them of their whereabouts.”

After their return to Mexico under RMX, many learned that CBP officers had lied to them when the officers claimed that CBP would contact their family members in the United States, leaving their families in anguish for weeks uncertain as to the fate of their loved ones.

A Shameful Record: Biden Administration’s Use of Trump Policies Endangers People Seeking Asylum (New York: Human Rights First: January 13, 2022) https://www.humanrightsfirst.org/resource/shameful-record-biden-administration-s-use-trump-policies-endangers-people-seeking-asylum.

Sector(s): El Paso, El Paso Field Office

Agency(ies): CBP

Event Type(s): Conditions in Custody, Lying or Deliberate Misleading

Last Known Accountability Status: Unknown

Victim Classification:

December 2021

December 2021 guidance for implementation of the “Remain in Mexico” (RMX) program specified that individuals should be exempted from the program if they suffer from mental or physical health issues or disabilities; vulnerabilities from advanced age; or risk of harm due to sexual orientation or gender identity (original link). Despite that, a January 2022 Human Rights First report, discussing implementation of RMX in El Paso, reported several cases of CBP returning vulnerable people to Mexico.

– In December 2021, a gay Venezuelan asylum seeker was returned to Ciudad Juárez under RMX despite having informed CBP officers of his sexual orientation. While in CBP custody the man endured harassment because of his sexual orientation and asked multiple CBP officers if there were any protections for members of the LGBTQ community but was told “no.” The man reported to Human Rights First that he fears harm in Mexico due to his sexual orientation.

– A man with cancer was returned to Ciudad Juárez under RMX, even though he and his attorneys had informed DHS of his condition. As of mid-December 2021, the Border Project reported that DHS said that the agency was attempting to locate the man in Mexico.

– A Nicaraguan asylum seeker who suffers from chronic migraines was nevertheless returned to Ciudad Juárez under RMX in December 2021. The man told Human Rights First that CBP officers did not ask him any questions about his medical condition. The man was returned to Mexico without his medication, which CBP officers discarded while he was in custody. He has suffered several migraines while stranded in a shelter in Mexico.

The Border Project also identified dozens of individuals who CBP officers in El Paso failed to properly exclude from RMX in December 2021 based on DHS’s own screening criteria, including a man living with HIV; a man experiencing pain and limited use of his hand because the Mexican cartel that kidnapped him had amputated part of his finger on a video call with the man’s family to extort money from them; and a dozen LGBTQ individuals, one of whom had been raped and threatened with death in Mexico due to his sexual orientation.

A Shameful Record: Biden Administration’s Use of Trump Policies Endangers People Seeking Asylum (New York: Human Rights First: January 13, 2022) https://www.humanrightsfirst.org/resource/shameful-record-biden-administration-s-use-trump-policies-endangers-people-seeking-asylum.

— Adolfo Flores, Hamed Aleaziz, “US Border Authorities Have Incorrectly Placed Immigrants With Medical Conditions In The Relaunched ‘Remain In Mexico’ Program, Attorneys Say” (BuzzFeed, December 17, 2021) https://www.buzzfeednews.com/article/adolfoflores/us-border-authorities-wrongly-sought-to-force-asylum.

Sector(s): El Paso, El Paso Field Office

Agency(ies): CBP

Event Type(s): Denial of Medical Care, Non-Return of Belongings, Return of Vulnerable Individuals

Last Known Accountability Status: Unknown

Victim Classification: Kidnap Victim, LGBTQ, Medical Condition, Nicaragua, Sexual Abuse Victim, Single Adult, Venezuela

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 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

August 3, 2021

An August 25 letter to Customs and Border Protection (CBP) from the American Civil Liberties Union (ACLU) of New Mexico and the ACLU of Texas described an August 3 Border Patrol vehicle pursuit that led to two fatalities in New Mexico.

Early in the morning of August 3, 2021, a Border Patrol agent assigned to the Las Cruces, New Mexico, U.S. Border Patrol Station was reportedly patrolling New Mexico State Road 185 approximately six miles south of the Border Patrol checkpoint, which is located approximately 69 miles north of the U.S.-Mexico border. According to CBP, the agent witnessed a northbound vehicle pull to the side of the road and then proceed north. The Border Patrol agent reportedly followed the vehicle without activating his emergency equipment.

The vehicle reportedly evaded the Border Patrol checkpoint by driving onto the southbound lanes of New Mexico State Road 185 and then continued north, at which time the Border Patrol agent activated his emergency equipment and attempted to stop the vehicle. Another Border Patrol unit also reportedly pursued the vehicle.

Approximately three miles north of the Border Patrol checkpoint, the vehicle crashed. Several occupants were ejected from the vehicle. The agency’s statement simply claims “the driver lost control and crashed,” but does not indicate the location or conduct of Border Patrol agents’ vehicles immediately preceding the crash.

A CBP release, issued two weeks later, reported that one passenger aboard the vehicle, a male citizen of Ecuador, died (original link). The vehicle’s driver, a male U.S. citizen, died of his injuries 12 days after the crash. Eight other passengers were hospitalized.

“This incident is being investigated by Homeland Security Investigations, the New Mexico State Police, and reviewed by the U.S. Customs and Border Protection Office of Professional Responsibility and the El Paso County Office of the Medical Examiner,” CBP’s release continued. “The U.S. Department of Homeland Security Office of Inspector General was also notified.”

It was the first of two Border Patrol pursuits ending in fatal crashes in four days. Three people died in a crash following an August 7, 2021 chase in Arizona.

This incident would be featured in a January 10, 2022 front-page New York Times story about Border Patrol vehicle pursuit tactics. The Times account included the role of Border Patrol’s secretive Critical Incident Teams (BPCITs), which advocates accuse of having helped to frustrate investigations into abuses committed by agents:

Body camera footage from a state police officer captured one of the Border Patrol agents saying: “Our critical incident team is coming out. They’ll do all the crime scene stuff—well, not crime scene, but critical incident scene.” The agent said that he and his colleague would give statements to the team, which it would share with the police.

On June 7, 2022, the ACLU of Texas and ACLU of New Mexico confirmed that Border Patrol Critical Incident Team personnel were at the scene of the crash within about an hour. Through state-level public records requests, the ACLU obtained the first-ever publicly available copy of a BPCIT incident report. The 162-page document “raises more questions than it answers,” the organization observed (original link). It pointed out several inconsistencies in the BPCIT report’s findings, including its descriptions of the distance at which the Border Patrol vehicle was following, when it activated its lights and sirens, whether “spike strips” were used to disable the pursued vehicle, and even the number of miles over which the chase took place.

The quality of the incident report, the ACLU offices concluded, raises concerns about CBP’s plan to terminate the BPCITs by absorbing their personnel into CBP’s Office of Public Responsibility (OPR) by the end of September 2022. “While OPR is tasked with conducting independent and impartial investigations, confidence in their results is wholly undermined by the involvement of Border Patrol’s CITs as investigators.”

Times reporter Eileen Sullivan identified the vehicle’s driver: 25-year-old Erik A. Molix, who was transporting nine undocumented migrants in a sport utility vehicle. Agents chased him at speeds reaching 73 miles per hour. A Border Patrol vehicle clipped Molix’s SUV, sending it tumbling off the road. Molix’s mother, a 5th-grade teacher in El Paso, found out about her son’s death from a CBP news release. While he may have been doing something illegal, she told the Times, “That doesn’t mean you have to die for it.”

The ACLU’s August 2021 letter called on CBP to carry out “robust and independent investigations” into the pursuit incident, and that the agency publicly release its written vehicle pursuit policy and review whether Border Patrol agents deviated from it during the August 3 chase.

CBP made its vehicle pursuit policy public, in redacted form, for the first time in November 2021 (original link). On May 24, 2022, the Associated Press reported that CBP Commissioner Chris Magnus “developing a new policy for vehicle pursuits with an eye toward increasing safety.”

— Rebecca Sheff, Shaw Drake, “CBP’s Vehicle Pursuit Policy and Border Patrol’s Deadly Pursuit of a Vehicle on August 3, 2021 near Las Cruces, New Mexico” (New Mexico and Texas: ACLU of New Mexico, ACLU of Texas, August 25, 2021) https://www.aclutx.org/sites/default/files/aclu_letter_to_cbp_re_las_cruces_vehicle_pursuit.pdf.

— “Smuggler loses control of vehicle while evading checkpoint, causing a death and injuries to ejected passengers” (Las Cruces: CBP, August 17, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/smuggler-loses-control-vehicle-while-evading-checkpoint-causing.

— Eileen Sullivan, “A Rise in Deadly Border Patrol Chases Renews Concerns About Accountability” (New York: The New York Times, January 9, 2022) https://www.nytimes.com/2022/01/09/us/politics/border-patrol-migrant-deaths.html.

Emergency Driving Including Vehicular Pursuits by U.S. Customs and Border Protection Personnel (Washington: CBP, January 16, 2021) https://www.cbp.gov/sites/default/files/assets/documents/2021-Nov/CBP-directive-emergency-driving-Including-vehicular-pursuits-us-cbp-personnel-redacted.pdf.

— Elliot Spagat, “Border agency plans vehicle pursuit policy to raise safety” (Donna: Associated Press, May 24, 2022) https://apnews.com/article/politics-us-customs-and-border-protection-texas-law-enforcement-agencies-694e39abaca42abbee4f1093484b9b76.

— Shaw Drake, Rebecca Sheff, “Border Patrol is Investigating Itself Following Deaths, Report Reveals” (Texas and New Mexico, ACLU of Texas and ACLU of New Mexico, June 7, 2022) https://www.aclu.org/news/immigrants-rights/border-patrol-is-investigating-itself-following-deaths-report-reveals.

Report as prepared by EPT CIT including all facts pertaining to the case listed above (El Paso: U.S. Border Patrol, 2021) https://www.documentcloud.org/documents/22016802-us_cbp_final_report_redacted.

Sector(s): El Paso

Agency(ies): Border Patrol, Critical Incident Teams

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Shared with DHS OIG, Under OPR Investigation

Victim Classification: Ecuador, Single Adult, U.S. Citizen or Resident

June 10, 2021

Border Patrol agents pursued, for over 34 miles near Deming, New Mexico, two vehicles that failed to pull over. “At that point,” a CBP release reported (original link),

four undocumented migrants jumped from one of the moving vehicles on New Mexico State Road 146. While some BPAs [Border Patrol agents] stopped to render assistance, others continued to pursue the two vehicles which eventually stopped. Both drivers and their passengers were taken into custody by BPAs.

One of the four undocumented migrants who jumped from the moving vehicle, a female citizen of Ecuador, suffered head injuries and was eventually transferred to University Medical Center in El Paso, TX, where she was declared deceased by medical personnel on June 13, 2021.

— “U.S. Border Patrol Failure To Yield Incident” (Deming: U.S. Customs and Border Protection, June 15, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/us-border-patrol-failure-yield-incident-0.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Shared with DHS OIG, Under OPR Investigation

Victim Classification: Ecuador, Female, Single Adult

March, 2021

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

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

Sector(s): El Paso

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Honduras, LGBTQ

February 13, 2021

The Dallas Morning News told the story of Pedro Gómez, from Guatemala, and Jhon Jairo Uscha Alcoser, from Ecuador, whom Border Patrol expelled into Mexico while injured.

The men ended up in Border Patrol custody after falling from the border wall in late January. Gómez told the Morning News:

“I couldn’t even get up, so I crawled inside the migra vehicle,” said Gomez, after falling off the wall in late January. At one point, he says he was told he was going to be taken to a U.S. hospital, but instead was dropped off at the border crossing nearly 90 miles from where he fell off the wall near El Paso. His ankles are broken and he cannot walk.

Uscha Alcoser, the Ecuadorian, “said he told Border Patrol agents he couldn’t move and was ’screaming in excruciating pain.’”

But “they said ‘stand up, stand up.’ I don’t know where I found the strength.” He says he was sent back to Mexico, dragging his feet as another migrant held him up. X-Rays later revealed broken tendons and a fractured back and pelvis, Sosa [Pastor Rosalio Sosa, who runs a network of shelters in Palomas, Chihuahua, Mexico] said.

Border Patrol expelled them, using the Title 42 pandemic authority, into the small town of Palomas, across from Columbus, New Mexico, far from where they fell from the wall. The agents “dumped us in Mexico like garbage, a piece of trash,” Gómez said.

Border Patrol disputed the men’s account:

The Border Patrol said “records indicate that neither individual you mention presented illness or injury during their brief encounters with our agents.” The statement added that agents “perform their jobs with the utmost professionalism and display a high level of respect and dignity towards the many people that are encountered daily” and encouraged anyone who “believe they have been mistreated” to file a complaint.

— Alfredo Corchado, “Injured migrants say Border Patrol sent them back to Mexico after they fell off Trump’s wall” (Dallas: The Dallas Morning News, February 13, 2021) https://www.dallasnews.com/news/immigration/2021/02/14/injured-migrants-say-border-patrol-sent-them-back-to-mexico-after-they-fell-off-trumps-wall/.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Denial of Medical Care

Last Known Accountability Status: No Steps Taken

Victim Classification: Disability, Ecuador, Guatemala, Medical Condition, Single Adult

July 5, 2020

A report from the Border Network for Human Rights included the testimony of “P.G.L.,” a legal permanent U.S. resident whose partner was detained by Border Patrol in Sunland Park, New Mexico. He believes that agents racially profiled him and his partner, and used abusive language with them.

My name is P.G.L., and I am a resident of Sunland Park, New Mexico. My partner and I have been victims of harassment and discrimination by the Border Patrol. On Jul. 5, 2020, at around 9 a.m., we were followed by a truck and a border patrol SUV two blocks from my house. We were on our way to work and stopped at my son’s house, but he wasn’t there, so we headed to Mesa Verde St. when they stopped us.

They asked us where the bodies were of those we were going to pick up. I responded that we did not do that type of work. I told them my boss lived a street away, and I am a roofer. This was when an officer asked me to show him my legal documents. My partner was asked first, and she responded that she had a border crossing visa. Then they asked me, and I told them I did not have them with me but that I was a legal permanent resident (LPR). They did not believe me and thought I was lying.

One officer started investigating my partner. They told her they were going to arrest her and then gave her an option to either see an immigration judge or be sent back to Mexico since her visa was still valid and she could use it to come back. The officers became very rude and had my partner get into their truck. I was unable to speak to her. They took me back to my house to get the proof that I was an LPR. I asked them to allow me to speak to my partner because she was the one who knew where my documents were, but they refused and continued to be rude. I went inside the house to show them the proof, and I brought my partner a backpack and her purse.

I have been communicating with my partner over the phone. She tells me she is doing fine, but she is worried about her two daughters because they had to stay with their aunt. Her daughters are both U.S. citizens; they are 12 and 10 years old.

I am worried about my partner’s daughters’ safety; they fled because of domestic violence from their biological dad. I feel that I was discriminated against because of my appearance; for being Hispanic. Now I am scared to drive and be stopped again. I also want to add that a week before this incident, I had been followed and stopped by the same officer, questioned, and let go. Although at the time I had not paid attention to his name, I recognized him this time. I felt I had been harassed by the border patrol.

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): Abusive Language, Dangerous Deportation, Racial Discrimination or Profiling

Last Known Accountability Status: Unknown

Victim Classification: Domestic Violence Victim, Single Adult, U.S. Citizen or Resident

July 1, 2020

A Border Patrol agent “inadvertently” ran over a 29-year-old Mexican man while pursuing him and two other migrants in a vehicle near El Paso’s Ysleta Port of Entry, El Paso Matters reported. “The man sustained non-life-threatening injuries to his leg and torso. He was treated and medically cleared July 3 and returned to Mexico,” Border Patrol spokesman George Gomez said.

“We are disturbed about how Border Patrol is handling this situation,” Astrid Dominguez of the ACLU’s Border Rights Center told El Paso Matters. “The agency claims there is an ongoing investigation but the victim has already been deported. Anytime that a law enforcement agency hurts an individual, they must report it to the public—not wait until someone inquires about it.”

— René Kladzyk, “El Paso Border Patrol agent runs over migrant with vehicle” (El Paso: El Paso Matters, July 9, 2020) https://elpasomatters.org/2020/07/09/el-paso-border-patrol-agent-runs-over-migrant-with-vehicle/.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Pedestrian Strike, Vehicle Pursuit

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

June 25, 2020

A pickup truck crashed near downtown El Paso, following a high-speed chase involving Border Patrol. Of ten people aboard the truck, seven died. Four of them, including the truck’s 18-year-old driver, were El Paso residents.

“It is the second fatal crash involving a vehicle fleeing Border Patrol on the same stretch of roadway this year,” reported the El Paso Times. The first took place on January 29, 2020.

Border Patrol officials said that agents terminated the pursuit “after it reached dangerously high speeds heading into Downtown El Paso.” Other eyewitness accounts contradicted this. In a July 20, 2020 complaint about the incident, the ACLU noted:

Wilmer Gomez of Guatemala was one of three survivors in the vehicle and says he remembers being chased by approximately seven Border Patrol vehicles.[20] Other witnesses also recount that Border Patrol vehicles were speeding in pursuit when the crash occurred.[21]

Again, CBP denied engaging in a chase at the time of either two El Paso crashes, despite these witness accounts and internal Border Patrol records that suggest that Border Patrol vehicles were speeding in pursuit at the time of both crashes.[22]

…CBP OPR is also reviewing the incident; however, CBP OPR is limited to reviewing agent conduct and are unlikely to take on the systemic issue implicated here.[32]

An eyewitness who said he saw Border Patrol closely pursuing the vehicle when it crashed arrived at the scene with coworkers “within 20 seconds of the accident,” El Paso Matters reported. That account continued:

He observed a Border Patrol agent questioning one of the crash survivors about his immigration status while the survivor was badly injured and trapped in the vehicle. “He was screaming for help. He was telling the Border Patrol agent not to let him die and to give him help. All of the Border Patrol agents were trying to do as much as they (could). But one of them asked him, ‘Are you a U.S. citizen? Do you have papers?’”

The ACLU document made general observations about CBP’s opaque vehicle pursuit policy:

Border Patrol refuses to release their vehicle pursuit policy, thereby making it impossible to review its compliance with relevant guidelines, legal protections, or police best practices.[3] The high number of injuries and deaths resulting from Border Patrol’s actions suggest either that the policy fails to protect the safety and lives of pursuit subjects or that agents are consistently acting outside the bounds of agency policy. Either way, these issues warrant scrupulous review and investigation by the Inspector General.

Border Patrol agents often engage in high-speed vehicle chases. One study found that from 2015 to 2018 alone, at least 250 people were injured and 22 were killed in a vehicle crash due to such a pursuit.[4] The analysis also found that out of over 500 Border Patrol vehicle pursuits, one in three ended in a crash.[5] Notably, since President Donald Trump assumed office, the number of people injured in Border Patrol pursuit crashes has increased by 42 percent.[6]

…Border Patrol’s actions do not appear to adhere to DOJ guidelines, which suggest that law enforcement agents should balance the danger to the public of the chase itself against the danger to the public of the offender remaining at large when evaluating whether or not to pursue a vehicle.[35] DOJ guidelines state that, “[f]or anyone other than a violent felon, the balance weighs against the high-speed chase.”[36]

…CBP has refused to publicly share its written vehicle pursuit policy [38] despite the DOJ Pursuit Management Task Force’s guidance that, “law enforcement agencies compile and disseminate appropriate pursuit data for their own agencies.”[39] Further, CBP has declined requests for information about their policy from Senator Dianne Feinstein.[40] This lack of accountability is highly alarming, especially given the tragic number of injuries and lives lost.

Hours after the June 25 crash, an internal memo from Border Patrol’s El Paso station ordered an end to vehicle pursuits in this area of downtown El Paso, El Paso Matters reported.

— Daniel Borunda, “7 die, 3 hurt in car crash fleeing U.S. Border Patrol in Texas” (El Paso: El Paso Times / USA Today, June 25, 2020) https://www.usatoday.com/story/news/2020/06/25/seven-die-three-hurt-in-downtown-el-paso-crash-during-border-patrol-chase/3260583001/.

— René Kladzyk, “Witnesses say Border Patrol chased car moments before it crashed, killing 7” (El Paso: El Paso Matters, July 1, 2020) https://elpasomatters.org/2020/07/01/witnesses-say-border-patrol-chased-car-moments-before-it-crashed-killing-7/.

— Shaw Drake, “Re: U.S. Border Patrol’s Vehicle Pursuit Policy and the Deadly Pursuit and Crash on June 25, 2020 in El Paso, TX” (El Paso: ACLU Border Rights, July 20, 2020): 203 https://www.aclu.org/sites/default/files/field_document/2021_03_03_aclu_complaint_appendix.pdf.

Footnotes from above:

[20], [21]: René Kladzyk, “Witnesses say Border Patrol chased car moments before it crashed, killing 7,” El Paso Matters, July 1, 2020, available at https://elpasomatters.org/2020/07/01/witnesses-say-border-patrol-chased-car- moments-before-it-crashed-killing-7/.
[22]: Debbie Nathan, “Border Patrol Agent Speaks out about a High-Speed Chase That Ended in a Immigrant’s Death,” The Intercept, February 28, 2020, available at https://theintercept.com/2020/02/28/border-patrol-el-paso- texas-car-chase/.
[32]: Aaron Martinez, “El Paso police reveal details in fatal Downtown crash; group seeks Border Patrol inquiry,”
El Paso Times, June 26, 2020, available at https://www.elpasotimes.com/story/news/crime/2020/06/26/el-paso-fatal- car-crash-accident-border-patrol-investigation/3265472001/.
[4], [5]: Brittany Mejia, Kavitha Surana and James Queally, “Trapped in a Deadly Chase,” ProPublica, April 4, 2019, available at https://features.propublica.org/border-crashes/death-injuries-in-high-speed-border-patrol-chases/.
[35], [36]: See Kenneth L. Bayless, Robert Osborne and The Aerospace Corporation, “Pursuit Management Task Force Report,” National Institute of Justice, September 1998, available at https://www.justnet.org/pdf/Pursuit-Management-Task-Force-Report.pdf.
[39]: Bayless et al.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Evading Oversight, Vehicle Pursuit

Last Known Accountability Status: Under OPR Investigation

Victim Classification: Guatemala, Single Adult, U.S. Citizen or Resident

Early May 2020

The El Paso Times (May 5) and Arizona Public Media (May 7) separately reported that Border Patrol agents and CBP officers had been neglecting to wear face masks or practice social distancing in their interactions with the public during the COVID-19 pandemic’s early months. “There is a time and place for the mask. Maybe it doesn’t suit to everyone’s desires, but people should be given an option. We’re still all American citizens,” John Monahan, a CBP officer and union representative in El Paso, told the El Paso Times.

— Lauren Villagran, “Border patrol agents, officers say they have access to PPE. So why aren’t they all using it?” (El Paso: El Paso Times, May 5, 2020) https://www.elpasotimes.com/story/news/2020/05/05/cbp-border-officers-lax-using-protective-gear-coronavirus-covid-19/3079923001/.

— Alisa Reznick, “Border residents: Border Patrol agents not wearing protective gear at checkpoints” (Arizona: Arizona Public Media, May 7, 2020) https://www.azpm.org/s/76269-border-residents-border-patrol-agents-not-wearing-protective-gear-at-checkpoints/.

Sector(s): El Paso, El Paso Field Office, Tucson, Tucson Field Office

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

Event Type(s): Disregard of Public Health

Last Known Accountability Status: No Steps Taken

Victim Classification:

March 27, 2020

A complaint filed with the DHS Inspector-General by ACLU Texas and Las Americas Immigrant Advocacy Center raised concerns that, at its El Paso “Station 1” facility, Border Patrol had “failed to take even the most basic actions to prevent an outbreak of COVID-19 or mitigate the risk of harm to migrants, particularly the most vulnerable.”

Specifically, notwithstanding the threat from COVID-19, Border Patrol has in its El Paso Station 1 facility:

* Held over 150 persons in a single room with persons exhibiting flu-like symptoms;

* Failed to provide information to detained individuals on the COVID-19 pandemic, such as recommended Center for Disease Control and Prevention (CDC) guidelines for preventing transmission of the virus; [1]

* Held people in cells where they are forced to be in close contact with each other, including by sleeping approximately three feet apart;

* Failed to provide detained individuals with sufficient soap. For example, migrants reported that in one bathroom, only one of six sinks had a soap dispenser that in fact contained soap;

* Provided only a single square of toilet paper per use;

* Denied detained individuals access to hand sanitizer;

* Failed to provide adequate medical screening of detained individuals no texhibiting symptoms of illness; and

* Failed to ensure uniform access to personal protective equipment for everyone in the detention facility.

— “Re: Border Patrol Station 1 in El Paso, Texas: Failure to Adequately Respond to COVID-19 Pandemic” (El Paso: ACLU of Texas, ACLU Border Rights Center, Las Americas Immigrant Advocacy Center, March 27, 2020): 169 https://www.aclu.org/sites/default/files/field_document/2021_03_03_aclu_complaint_appendix.pdf.

Footnote from above:

[1] CDC, “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities,” March 23, 2020, available at https://www.cdc.gov/coronavirus/2019-ncov/community/correction- detention/guidance-correctional-detention.html.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Medical Care, Disregard of Public Health

Last Known Accountability Status: Shared with DHS OIG

Victim Classification:

January 29, 2020

The Intercept reported:

On January 29, an Ecuadorian man was killed in a car crash near downtown El Paso, Texas, only yards from the U.S.-Mexico border. An Ecuadorian woman was gravely hurt and weeks later is just emerging from a coma. She’s missing part of her skull and half of her body appears to be paralyzed. Stuck in a hospital thousands of miles from her kin, she has had few visitors, but one has been a Border Patrol agent who feels grief-stricken by the accident and believes the Border Patrol played a major role in causing it. The agent recently had an emotional meeting with a family member of the severely injured woman and offered to testify if the family brings a lawsuit.

Police reports say the crash was caused by a drunk driver who picked up the Ecuadorians after they crossed into the U.S. illegally. The driver is said to have been a smuggler who was speeding to evade the Border Patrol, and crashed because he was driving too fast. But the agent says that the chase was improper. It occurred near downtown El Paso on West Paisano Drive, on a section of road so prone to crashes that local law enforcement officers call it a ‘deadly curve.’

…police reports and statements, as well as the Border Patrol’s own record of vehicle pursuits in the area, raise questions about the agency’s denial of a chase. An El Paso Police Department press release states that the driver was ‘traveling at a high rate of speed as Border Patrol agents drove towards the vehicle.’

…in the recent crash, Montañez said, the policy was ignored. ‘The supervisor should have ordered a stop to the pursuit,’ she said. ‘When you back off from your emergency lights, the driver tends to think, ‘Oh, he’s letting me go,’ and slows down. Then the agent follows him normally instead of being on a chase.’ On January 29, that back-off order didn’t come, she said. ‘Maybe the supervisor was busy and not listening to the radio. I don’t know what happened.'”

Another chase near downtown El Paso would result in seven fatalities on June 25, 2020.

— Debbie Nathan, “Border Patrol Agent Speaks out About a High-speed Chase That Ended in an Immigrant’s Death,” (The Intercept, February 28, 2020) https://theintercept.com/2020/02/28/border-patrol-el-paso-texas-car-chase/.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Under OPR Investigation

Victim Classification: Ecuador, Single Adult