49 Records of Alleged Abusive or Improper Conduct where the event type is “Abusive Language”

Mid-July, 2022

The Nogales, Arizona-based Kino Border Initiative (KBI) reported on severe brutality that a Mexican man allegedly suffered at the hands of a Border Patrol agent:

Benjamín [Name changed to protect privacy] had been in the desert for 8 days when BP encountered him at 4 in the morning. He did not run, but the agent handcuffed him. When Benjamín asked for a drink of water, the BP agent threw him face down onto the ground, began kicking him and stood on the back of his head, which was pushed into a rock until his head was cut open and bleeding. The agent yelled, “If you want water, go get it in your own country! You only come here to f*ck around!” Benjamín eventually lost consciousness. When he came to, another agent sent his search dog to lick the blood from his face. BP took Benjamín to the hospital, only after he asked repeatedly for medical attention. BP then deported him to Mexico without any of his medical paperwork, which Benjamín reports an agent hid in his shirt. Upon arriving at Kino, he shared: “I’m trying to escape death in my country, only to nearly die here [in the US].”

— “July 21 update from KBI” (Nogales: Kino Border Initiative, July 21, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Use of Force

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

June 16, 2022

On May 23, 2022, a District of Columbia Circuit Court of Appeals ruling went into effect prohibiting CBP personnel from using Title 42 to expel asylum-seeking families to places where they will be persecuted or tortured (original link). A June 16, 2022 report from Human Rights First, however, found examples of families who, “when they tried to express their fears of return, Border Patrol agents ignored their statements or refused to allow them to speak and failed to refer any for screening”:

Four asylum-seeking families, who were expelled under Title 42 to Ciudad Acuña on May 23, 2022, reported to Human Rights First researchers that Border Patrol agents refused to allow them to explain their fear of return to Mexico or their countries of origin and did not refer them for a fear screening before expelling them.

None of the approximately 50 Honduran and Salvadoran asylum-seeking families, who were interviewed by researchers from the Center for Gender and Refugee Studies (CGRS), had received a fear screening prior to being expelled to Reynosa in late May and early June 2022. According to CGRS’s Legal Director, Blaine Bookey, many families reported that when they attempted to explain their fear of return, Border Patrol officers said, for example, that asylum was not available and that they would only be taking fingerprints and photographs and ordered the families to stop attempting to communicate with the officers. Other families expressed that given harsh treatment and verbal abuse from Border Patrol agents, they were too afraid to even attempt to explain their fears of return. One family reported to Bookey that Border Patrol agents called them “invaders,” and other families reported the agents told them that if they were afraid to return to their country, they should arm themselves and fight the gangs.

— Julia Neusner, Kennji Kizuka, The Nightmare Continues: Title 42 Court Order Prolongs Human Rights Abuses, Extends Disorder at U.S. Borders (New York: Human Rights First, June 16, 2022) https://www.humanrightsfirst.org/resource/nightmare-continues-title-42-court-order-prolongs-human-rights-abuses-extends-disorder-us.

Sector(s): Del Rio, San Diego

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: El Salvador, Family Unit, Honduras

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

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

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

Mid-February 2022

The Kino Border Initiative (KBI) reported about an unaccompanied minor’s expulsion by Border Patrol agents in Arizona:

An unaccompanied minor was apprehended by Border Patrol while crossing the desert west of Nogales. When being processed for expulsion, the agent taking his fingerprints asked his age. When he responded that he was 17, the agent repeatedly told him to shut up and say his real age. Eventually, the agent threatened him with detention, at which point the minor, scared by the threat, lied and said he was 19. He was expelled to Nogales.

“The expulsion of unaccompanied minors has been a recurring issue that we’ve reported throughout 2020 and 2021,” KBI notes. “In almost all of the cases, CBP officers accuse the minors of lying or refuse to accept their documentation proving their age.”

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

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abuse of Minor, Abusive Language, Expulsion of Unaccompanied Minor

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

Victim Classification: Unaccompanied Child

Mid-February 2022

The Kino Border Initiative (KBI) reported about an unaccompanied minor’s expulsion, and separation from his brother, by Border Patrol agents in Arizona:

One week ago, two unaccompanied minor brothers were apprehended in the desert by Border Patrol. They were taken in for processing and questioned separately. The agents questioning the older brother, who is 17, told him he was lying. They said his birth certificate was fake and threatened him with a 10-year prison sentence if he didn’t say his real age. They eventually expelled him to Nogales and he did not know the whereabouts of his little brother.

“The expulsion of unaccompanied minors has been a recurring issue that we’ve reported throughout 2020 and 2021,” KBI notes. “In almost all of the cases, CBP officers accuse the minors of lying or refuse to accept their documentation proving their age.”

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

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abuse of Minor, Abusive Language, Expulsion of Unaccompanied Minor, Family Separation

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

Victim Classification: Unaccompanied Child

January 5, 2022

In the January 8, 2022 San Diego Union-Tribune, reporter Kate Morrissey recounted the experience of two Colombian men who, on January 5, were the first to be sent back to Tijuana under the revived “Remain in Mexico” program. She found that what they underwent “included many of the issues that plagued the program under the Trump administration.”

The Biden administration’s December 2 guidance for the restarted program promised access to counsel. But Morrissey found that “the two Colombian men were not allowed to speak with attorneys while in U.S. custody.” The wife of one of the men, a green card holder in the United States, could have hired an attorney for him to support his claim of fear of return to Mexico, but officials denied his request to call her.

The men, who had turned themselves in to U.S. personnel in order to seek protection after receiving urgent threats in Colombia, recounted poor treatment in CBP custody. They were placed in a cell in a Border Patrol station with “dozens of other men,” forced to sleep on the floor for nearly a week, with lights always on, for lack of bed space. They were not given an opportunity to bathe or shower. “Though they do not speak much English, they realized that agents were speaking badly about them, they said. They recognized words like ‘stupid’ and phrases like ‘go back to your country.’”

As required by the new guidelines, a Border Patrol agent asked the men if they were afraid to return to Mexico, although they said “another agent tried to keep that official from asking the question.” Under the Biden administration’s new guidance, after expressing fear the men were entitled to 24 hours to contact an attorney before speaking with an asylum officer. It was during those 24 hours, they said, that CBP personnel refused to allow them “to make any calls or otherwise access legal counsel.”

They said an agent told them that no matter what happened, they would be sent back to Mexico. So, when the asylum officer asked if they wanted to wait longer in custody in order to access attorneys, the men waived that right, not wanting to spend more time in the crowded cell with their fate already decided.

The men added that they were not asked detailed questions about their medical history, even though the Biden administration’s new guidelines specify medical conditions for exemption from the program (original link). Though the guidance directs that those subject to Remain in Mexico are to receive COVID-19 vaccinations if they need them, one man who had only received the first of his two shots was sent over the border before officials could administer his vaccine.

CBP meanwhile confused the men’s paperwork, Morrissey found. Each man had the first page of the other’s notice to appear in court. And at first, they were scheduled for hearings months beyond the six-month limit that the Biden administration had agreed with Mexico. They managed to reschedule for February after raising the issue with their asylum officer.

Now in Tijuana, the Colombian men told Morrissey that they are “confused and terrified.” They refused to provide their names, fearing that their notoriety leaves them exposed to extortion or attack. “We’re the two from Colombia,” one said. “Everyone knows we’re them. We already have problems.”

— Kate Morrissey, “U.S. failure to follow Remain in Mexico rules show program hasn’t changed as promised” (San Diego, The San Diego Union-Tribune, January 8, 2022) https://www.sandiegouniontribune.com/news/immigration/story/2022-01-08/remain-in-mexico-returns-to-tijuana.

— Robert Silvers, “Guidance regarding the Court-Ordered Reimplementation of the Migrant Protection Protocols” (Washington: Department of Homeland Security, December 2, 2021) https://www.dhs.gov/publication/court-ordered-reimplementation-mpp-policy-guidance.

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

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

Event Type(s): Abusive Language, Conditions in Custody, Dangerous Deportation, Denial of Access to Counsel

Last Known Accountability Status: No Steps Taken

Victim Classification: Colombia, Single Adult

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from the Immigrant Defenders Law Center (ImmDef) provided Know Your Rights presentations and conducted legal screenings for at least 2,356 unaccompanied children exiting CBP custody. “During these legal screenings,” reads ImmDef’s complaint, “staff asked children to describe their experience being processed through the U.S. immigration system, with a focus on the conditions in CBP custody.”

ImmDef’s complaint cites the following examples of CBP personnel using abusive language with children:

  • In the hielera, CBP officers insulted P.A.M. [a sixteen-year-old child from Mexico] and other children, called them animals, and shut doors in their faces.
  • R.M.M. [a seventeen-year-old child from Guatemala] received medication for three days, but his later requests for medical attention were outright denied. Instead, CBP officers yelled at him and called him names.
  • G.G.G. [a seventeen-year-old child from Guatemala] witnessed CBP officers yell at other kids who did not get up right away at five o’clock in the morning for roll call or who did not immediately obey the commands of CBP officers.
  • CBP officers yelled at E.C.C. [a thirteen-year-old child] in both English and Spanish, including waking him and other children by yelling, “Levantense cabrones.” [26]
  • CBP officers called him [D.C.E., a 16-year-old,] a “gangster,” and threatened his aunt.
  • When M.J.C. [a 14-year-old] was first apprehended by CBP, she was handcuffed for approximately twenty-four hours without any food or water. Alone, exhausted from her journey, and afraid for her life, she was forced to sit on the side of the road as CBP officers yelled at her in English, which she did not understand. M.J.C. was cold and wet when she finally arrived at the hielera, but rather than give her warm clothes, CBP officers berated M.J.C., saying that “she should’ve thought about that before coming to the U.S.”
  • M.G.G. is a seventeen-year-old child who arrived in the United States from El Salvador and experienced egregious abuse at the hands of CBP officers. When M.G.G. was apprehended, she was verbally harassed. She reported hearing CBP officers refer to her and other children and families as “motherfuckers” in English, pendejos, and hijos de puta. [37]
  • When she first arrived at the hielera, she [L.L.C., a sixteen-year-old child from Guatemala] was yelled at by the guards and given a single mylar blanket. L.L.C. and the other children slept in a shelter with only a roof but no walls. L.L.C. recalls being very cold but afraid to ask for more blankets after seeing other children get yelled at.… L.L.C. also suffered verbal abuse while in CBP custody. She was spoken to in both English and Spanish, and officers would become angry and yell at the children when they did not fall asleep immediately.
  • K.M.A. [a 17-year-old] arrived in the United States with a minor friend and witnessed CBP officers take him into a small room and yell at him. Other CBP officers berated K.M.A. because she was pregnant and accused her of providing a false birth certificate. The CBP officers yelled at K.M.A. so much that she cried, and when she asked to call her mother, they refused to allow her to use the phone. K.M.A. was examined by a nurse while detained in CBP custody, and K.M.A. asked the nurse if it was common for the CBP officers to yell at children in the way she had experienced. The nurse responded that she could not answer the question and instead told CBP officers what K.M.A. had asked her. K.M.A. was then yelled at by two CBP officers, who told her that child immigrants should not come to the United States because it was a waste of taxes. The CBP officers accused K.M.A. of only coming to the United States so her baby could be a U.S. citizen and so that she could receive welfare. The officers expressed to her that it was not fair that the U.S. government would pay to support her baby. K.M.A. was also threatened by CBP officers. She was told that she would be put in jail because she was pregnant and because she had brought a fake birth certificate, even though K.M.A. repeatedly assured the officers that it was not fake.

“It is not limited to one child or one instance,” ImmDef’s complaint concludes.

It is not limited to the conduct of a “bad apple” employee within the agency. It is not limited to even a rogue or remote CBP outpost that lacks training and resources. The sheer number of children who have reported abuse, many of whom told us that they fear retaliation and were afraid to speak up, suggests that these examples are but a fraction of the actual total.

— Hannah Comstock, Carson Scott, Madeline Sachs, “Abuse of Unaccompanied Minors in Customs and Border Protection Custody, January to December 2021” (Los Angeles: Immigrant Defenders Law Center, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Footnotes from above:

[26]: This phrase translates to “Get up a–holes”

[37]: These phrases translate to “a–holes” and “sons of bitches.”

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Abusive Language

Last Known Accountability Status: Complaint Filed with CRCL, Shared with DHS OIG

Victim Classification: El Salvador, Female, Guatemala, Mexico, Pregnancy, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from the Immigrant Defenders Law Center (ImmDef) provided Know Your Rights presentations and conducted legal screenings for at least 2,356 unaccompanied children exiting CBP custody. “During these legal screenings,” reads ImmDef’s complaint, “staff asked children to describe their experience being processed through the U.S. immigration system, with a focus on the conditions in CBP custody.”

ImmDef’s complaint cites the account of “M.J.C.”:

When M.J.C. [a 14-year-old] was first apprehended by CBP, she was handcuffed for approximately twenty-four hours without any food or water. Alone, exhausted from her journey, and afraid for her life, she was forced to sit on the side of the road as CBP officers yelled at her in English, which she did not understand. M.J.C. was cold and wet when she finally arrived at the hielera, but rather than give her warm clothes, CBP officers berated M.J.C., saying that “she should’ve thought about that before coming to the U.S.”

“It is not limited to one child or one instance,” ImmDef’s complaint concludes.

It is not limited to the conduct of a “bad apple” employee within the agency. It is not limited to even a rogue or remote CBP outpost that lacks training and resources. The sheer number of children who have reported abuse, many of whom told us that they fear retaliation and were afraid to speak up, suggests that these examples are but a fraction of the actual total.

— Hannah Comstock, Carson Scott, Madeline Sachs, “Abuse of Unaccompanied Minors in Customs and Border Protection Custody, January to December 2021” (Los Angeles: Immigrant Defenders Law Center, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

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

Last Known Accountability Status: Complaint Filed with CRCL, Shared with DHS OIG

Victim Classification: Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

During 2021, attorneys from Kids in Need of Defense (KIND) met with about 4,515 unaccompanied minor migrant children at 12 Office of Refugee Resettlement shelters in New York City, Houston, Atlanta, and Seattle. “During these screenings,” reads KIND’s complaint, “minors reported numerous civil rights violations during their apprehension and detention by CBP.”

KIND’s complaint cites the following examples of CBP personnel using abusive language with children:

  • children report having been so terrified by the violent and aggressive behavior of officers that they cried or were unable to sleep or eat. They describe feelings of extreme anxiety and sadness. Some have nightmares about their time in CBP detention and experience other psycho-somatic symptoms, such as shaking or crying, when recalling the harm they suffered.
  • Children described officers who yelled aggressively, used foul language, called them names, told them they were undeserving of help or respect, accused them of being criminals or lying, and threatened to deport them. Children report being called “cabron” (a–hole), “puta” (bitch or slut), “pendejo” (stupid), “mierda” (sh-t), “burro” (donkey, ass, or idiot), “cerdo” (pig), “waste of time,” “criminal,” and “liar.”
  • Many older children described being threatened and intimidated by officers who did not believe they were minors. For example, one girl who wishes to remain anonymous was 17 years old when officers detained her in August 2021. She was held in CBP detention for approximately five days. While in detention, she felt singled out and harassed by a particular officer who did not believe that she was a minor. The first time she met the officer, he grabbed her by the arm and pressured her to sign a document affirming that she was a minor. She encountered this officer again multiple times and felt threatened, scared, and intimidated every time. The officer called her a liar and threatened to throw her in jail and deport her. The officer claimed to have worked closely with the Guatemalan government for 10 years, which he felt qualified him to know whether she was a minor or an adult. The minor reports that she was not the only person targeted in this way. The officer seemed to think that anyone who was taller or heavier-set was an adult, and he called them liars and threatened to throw them in jail or deport them.
  • [Children] describe officers throwing their food or belongings on the floor, rather than directly handing these items to the children.
  • Some children report that officers denied them access to the bathroom when they needed it. Others report that officers got angry or humiliated the children when they asked to use the bathroom at a time the officer felt was inconvenient.
  • Abel, Cameron, and Mikayla [pseudonyms] are siblings. They were respectively 5, 6 and 15 years old when they were detained by CBP officers on or about March 18, 2021 in Texas. They spent approximately 16 days in detention. Officers believed that Mikayla was Abel and Cameron’s mother, rather than their sister, and they called her a liar when she said she was a minor. They tried to get her to say that she was an adult and that she was the mother of the boys, and eventually made her sign a document stating that she was a minor.… Mikayla also reports that one particular officer was very aggressive and threatening. She does not know his name but described him as a bald man in a green uniform. This particular officer terrified the children because he threatened to beat 6-year-old Cameron with a nightstick because he was lethargic as a result of his illness and did not want to leave a room when ordered to do so. He eventually lifted Cameron up by his T-shirt. The officer threatened to beat the children with a nightstick many times during their detention. He almost always yelled when he spoke to them, and he told the children that if they didn’t want to be treated the way they were being treated then they never should have come to the United States.

— Carly Sessions, “Widespread infringement of the civil rights and civil liberties of Unaccompanied Noncitizen Children held in the custody of CBP: January – December 2021” (United States: Kids in Need of Defense, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Abusive Language, Conditions in Custody

Last Known Accountability Status: Complaint Filed with CRCL, Shared with DHS OIG

Victim Classification: Female, Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between January 1 and August 13, 2021, attorneys from the Florence Immigrant and Refugee Rights Project completed intakes with about 6,000 unaccompanied migrant children. “Out of those six thousand intakes,” the attorneys’ complaint reads, “the Florence Project documented over 900 reports of abuse and legal violations by CBP. Thus, approximately 15 percent of children we interviewed who passed through CBP custody were victims of abuse at the hands of CBP. That number is unacceptably high and likely undercounts the instances of abuse because many children remained afraid to report it.”

The Florence Project’s complaint cites the following examples of CBP personnel using abusive language with children:

  • One child reported being held for five days in the holding center. CBP did not allow the child to make any phone calls and told the child that “no one loves” the child. CBP officer mocked child as the officer said it.
  • One child reported being held for ten days and receiving little water even though the child kept asking for more. CBP officers swore at the child and called the child a “criminal.”
  • 85 children reported verbal abuse by the officers in charge of taking care of them. Children reported being insulted and yelled at several times.
    • One child was called a criminal and cussed at by an officer.
    • A child reported to us that an officer called her a “bitch”.
    • One child report being called a “pendejo” (a–hole) by an officer.
    • A child reported being screamed at by an officer asking the child why the child came to the United States.
    • One child reported that CBP officers yelled at the child until the child cried.
    • A child was yelled at and threatened with deportation by the CBP officers.
    • A child reported being called a “cabrón” (a–hole/dumbass) by an officer.
    • A child reported being called “a piece of sh-t” by an officer.

— Laura Bellows, Yesenia Ramales, “Abuse of Unaccompanied Non-Citizen Children in Customs and Border Protection Custody Between January and August 2021” (Phoenix: Florence Immigrant and Refugee Rights Project, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Abusive Language, Conditions in Custody

Last Known Accountability Status: Complaint Filed with CRCL, Shared with DHS OIG

Victim Classification: Unaccompanied Child

2021, all year

Four children’s defense organizations filed complaints in a California district court after hearing unaccompanied migrant children narrate abuse and poor treatment while in short-term CBP custody during 2021 (original link). The complaints were filed on April 11, 2022 and shared by VICE News on May 2, 2022.

Between 2019 and 2021, attorneys from Americans for Immigrant Justice (AI Justice) interviewed approximately 12,731 unaccompanied migrant children at Office of Refugee Resettlement (ORR) facilities. The organization’s complaint includes numerous examples from 2021 and 2022 of mistreatment of children while in CBP custody.

“6% reported verbal abuse and/or harassment by adult immigration officials,” reads AI Justice’s complaint, citing the following examples:

  • J.E.A., 15, reported one officer swearing at him and using the word “f-ck” and having officers laugh but not understanding exactly what was being said to him or about him.
  • D.C.L., 16, stated that there were two officers that would yell at the detained children for any perceived misstep and feeling very intimidated. He stated: “It felt so horrible, you were trapped.” He reported feeling that there was a lot of racism and not understanding why he was being treated so poorly when he came to the U.S. seeking safety.
  • H.M.C., 15, stated an officer said “shut your f-cking mouth” after he attempted to help other migrants understand his order. He also reported several officers would threaten to send youth back to their countries and boasted that they could easily do so.
  • C.R.F., 17, stated an officer told him he would be returned to Honduras to frighten him. He cried after that. He remembers officers saying things like “this is not your country, and you are here illegally” to put them down.
  • K.X.S., 16, stated that officers harassed her about her age and were making jokes at her expense. She reported that they said she looked older and threatened to send her to jail.
  • A.B.B., 17, reported being yelled at for greeting someone she recognized during her registration and accusing her of providing a fake birth certificate.
  • K.V.A., 16, witnessed others being verbally berated and kicked awake if they were not responsive.

— Jennifer Anzardo, Maite García, “U.S. Customs and Border Protection’s Consistent Failure to Comply with the Terms of the Flores Settlement Agreement and Their Own Standards on the Transport, Escort, Detention and Search of Unaccompanied Children” (United States: Americans for Immigrant Justice, April 6, 2022) https://www.documentcloud.org/documents/21694269-alleged-abuse-of-unaccompanied-minors-in-customs-and-border-protection-custody.

— Keegan Hamilton, “Kids Allege Medical Neglect, Frigid Cells, and Rotten Burritos in Border Detention” (United States: VICE, May 2, 2022) https://www.vice.com/en/article/93b4vv/border-patrol-abuse-migrant-children.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abuse of Minor, Abusive Language, Conditions in Custody

Last Known Accountability Status: Complaint Filed with CRCL, Shared with DHS OIG

Victim Classification: Female, Unaccompanied Child

Late November 2021

Rodney Scott, the Trump administration’s last Border Patrol chief who exited his position in August, faced a San Diego Superior Court judge for a September tweet in which he advised former Border Patrol agent turned activist Jenn Budd, who has recounted being raped at the Border Patrol academy, to “lean back, close your eyes, and just enjoy the show.” Budd also posted screenshots on Twitter showing Scott among those on private CBP and Border Patrol agents’ Facebook groups sharing images of Border Patrol shoulder patches reading “Let’s Go Brandon,” a right-wing euphemism for “F— Joe Biden.”

— Emily Green, “Did Trump’s Border Patrol Chief Make a Rape Threat? A Judge Says Yes.” (Vice, December 2, 2021) https://www.vice.com/en/article/epxx9n/trumps-border-patrol-chief-rape-threat-on-twitter.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Sexual Assault or Harassment

Last Known Accountability Status: Judicial Case Closed

Victim Classification: Female, Sexual Abuse Victim, U.S. Citizen or Resident

October 25, 2021

A strongly (and explicitly) worded report from the House of Representatives’ Committee on Oversight and Reform, issued on October 25, detailed the disciplinary process following 2019 revelations of a secret Facebook page at which CBP personnel posted racist, violent, and lewd content (original link). The Committee discovered that for most involved, consequences were light: they “had their discipline significantly reduced and continued to work with migrants” (original link).

In July 2019, ProPublica revealed the existence of “I’m 10-15,” a Facebook group with about 9,500 members, many or most of them CBP and Border Patrol personnel. (“I’m 10-15” means “I have migrants in custody.”) ProPublica, and later the Intercept, posted screenshots of content replete with sexual imagery, threats of violence, racist sentiments toward migrants, and disparagement (or worse) of left-of-center political figures.

“CBP knew about Border Patrol agents’ inappropriate posts on ‘I’m 10-15’ since 2016, three years before it was reported publicly,” the House Committee found. Among the Facebook group’s members were Border Patrol’s last two chiefs, Carla Provost (2018-2020) and Rodney Scott (2020-August 2021). Both indicated that they followed the group in order to monitor agents’ attitudes and complaints. After ProPublica revealed the page’s existence, Provost had said “these posts are completely inappropriate” and that agents “will be held accountable.”

Investigators had a hard time finding out whether anyone was indeed being held accountable. Facebook refused to provide content from the page to investigators from CBP’s Office of Professional Responsibility (OPR), forcing them to rely on screenshots obtained by media outlets. During the Trump administration, CBP refused to hand over disciplinary records to the House Oversight and Reform Committee, even after the committee issued a November 2020 subpoena. The records were turned over in February, after Donald Trump left office.

The Committee found “significant shortcomings in CBP’s approach to disciplining and training employees on social media misconduct.” CBP OPR opened 135 investigations into allegations related to “I’m 10-15” and other unnamed secret Facebook groups. A chief patrol agent, in the role of “deciding official,” made all disciplinary decisions.

This individual decided that 60 of the 135 CBP employees committed misconduct. In the end, the Committee found, “Almost all received significantly lighter final penalties than proposed by CBP’s Discipline Review Board.”

In the end:

  • 2 were fired; CBP’s Discipline Review Board had recommended 24 removals. Both had published sexualized and in some cases violent images of Rep. Alexandria Ocasio-Cortez (D-New York), among other disturbing content.
  • 43 were suspended without pay, most for five days or fewer; the Discipline Review Board had recommended 60 suspensions. Those suspended were “then permitted to return to work in positions of power over migrants,” the Committee’s report notes.
  • 12 received letters of reprimand, 3 received “alternate disciplinary actions” like suspension with pay, 11 received “corrective or non-disciplinary actions,” and 10 took retirement before disciplinary action was taken. Twelve appealed their punishments.

“The CBP discipline system is broken,” a report from an independent DHS panel had stated in 2016 (original link). “No one official and no single office of CBP is actually responsible for assuring timeliness for all phases of the discipline process,” it notes, while “responsibility for investigating an allegation of misconduct is fragmented.” Improving human rights oversight was not a priority during the Trump administration, so no notable accountability progress was made since that report’s publication.

The House Oversight and Reform Committee report described the byzantine accountability process:

OPR investigates the conduct, and CBP’s Discipline Review Board proposes discipline. A deciding official then makes a discipline determination. In some cases, when CBP substantiates allegations of misconduct, employees may be able to appeal to the Merit Systems Protection Board (MSPB); file a grievance with a CBP employee union such as the National Border Patrol Council, which may invoke arbitration on behalf of the employee; or, if they believe the action was discriminatory, file a complaint with the Equal Employment Opportunity Commission.

This description left out the DHS Office of Inspector General and Office on Civil Rights and Civil Liberties, which may play at least tangential roles.

“CBP’s failure to prevent these violent and offensive statements by its own agents or impose adequate discipline creates a serious risk that this behavior will continue,” read a press statement from the committee’s chairwoman, Rep. Carolyn Maloney (D-New York). “As we saw with the mistreatment of migrants by Border Patrol agents in Del Rio, Texas last month, systemic behavior problems within CBP persist. CBP must take immediate steps to reform its disciplinary processes, strengthen social media policies and training, and address longstanding issues of poor morale within its ranks.”

Border Patrol Agents in Secret Facebook Group Faced Few Consequences for Misconduct (Washington: House of Representatives Committee on Oversight and Reform, October 25, 2021) https://oversight.house.gov/sites/democrats.oversight.house.gov/files/COR%20CBP%20Facebook%20Group%20Report%20-%20October%202021.pdf.

— “Committee Report Reveals CBP Reduced Discipline for Dozens of Agents and Allowed Them to Continue Working with Migrants Despite Violent and Offensive Facebook Posts” (Washington: House of Representatives Committee on Oversight and Reform, October 25, 2021) https://oversight.house.gov/news/press-releases/committee-report-reveals-cbp-reduced-discipline-for-dozens-of-agents-and-allowed

Final Report of the CBP Integrity Advisory Panel (Washington: Department of Homeland Security, March 15, 2016) https://www.dhs.gov/sites/default/files/publications/HSAC CBP IAP_Final Report_FINAL (accessible)_0.pdf.

Sector(s): Border-Wide

Agency(ies): Border Patrol, CBP

Event Type(s): Abusive Language, Evading Oversight, Insubordinate or Highly Politicized Conduct, LGBT Discrimination or Harassment, Racial Discrimination or Profiling, Threat of Violence, Unethical Off-Duty Behavior

Last Known Accountability Status: Congressional Investigation Closed, OPR Investigation Closed, Personnel Terminated, Suspension, Reprimand, or Counseling

Victim Classification:

October, 2021

Human Rights First reported:

In October 2021 DHS agents repeatedly told an asylum-seeking Honduran family to “shut up” and refused to answer their questions as they transferred the family by plane from McAllen, Texas, where they had crossed the border to seek asylum, to Arizona for expulsion into Nogales, Mexico. According to Kino Border Initiative, an agent attempted to seize the family’s documents related to their asylum claim.

— 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): Rio Grande Valley, Tucson

Agency(ies): DHS

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Honduras

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 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

August 2021

“In August 2021, DHS subjected three Nicaraguan political dissidents to a lateral expulsion flight after they sought protection near McAllen, Texas,” reads a Human Rights First report.

DHS officers verbally abused them, threatening to release dogs to attack them. The officers woke the men at 1:00 am, handcuffed them, and forced them to stand for more than two hours before the expulsion flight. The officers lied to the men telling them that they would be sent to California and permitted to pursue their asylum cases, but instead expelled them to Tijuana. From there, Mexican immigration officials transported them to Mexico’s southern border and attempted to deport them to Guatemala, but Guatemalan immigration authorities refused to accept them, leaving them stranded in southern Mexico, according to Anaís Catalina, an advocate assisting 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): Rio Grande Valley, San Diego

Agency(ies): DHS

Event Type(s): Abusive Language, Conditions in Custody, Denial of Protection to Most Vulnerable, Lying or Deliberate Misleading, Threat of Violence

Last Known Accountability Status: Unknown

Victim Classification: Nicaragua, Single Adult

August 5, 2021

A report from the Border Network for Human Rights included the testimony of “S.O.D.,” who said she was threatened and invasively strip-searched by CBP Field Operations personnel at El Paso’s Santa Fe (Paso del Norte Bridge) Port of Entry.

Today (8/5/2021), I went to Ciudad Juárez with my 5-month-old son, Nathan, because he had an appointment with the pediatrician at the Family Clinic at 1:30 p.m. for a stomach infection and flu. When I returned to El Paso, I arrived at the Santa Fe bridge around 2:20 p.m. When it was my turn to see the officer, he told me he would take my photo, which I agreed to. He asked for my documents; I gave him my Texas identification. When he asked for my son’s papers, I showed him the papers from our visit to the clinic, which had my full name and my son’s social security number. He told me that I would have to go in for a routine check-up. I told him that was fine; I had no illegal things with me.

They put me in the inspection room with three officers, two females and a male officer sitting on the computer. The male officer stated that my son did not look like me and that my son’s papers were invalid. He asked me, “how do we verify that he is your son? We would have to do a DNA test, and that would take a week.” Therefore, he said they were going to take my son to a detention place. I asked him where they were going to take him. The officer, an older man, mockingly told me that he would put him in a cage. The way he expressed himself was not funny to me at all.

They told me to take my money and all my belongings and put them inside my son’s diaper bag. One of the female officers checked the diaper bag, put it in a blue box, and then took my son. The other female officer inspected me thoroughly. She put me against the wall and told me to lower my pants to my knees. She physically checked my whole body. She put her hands under my bra and touched my parts in front and behind.

The male officer told me that, since I couldn’t prove that he was my son, they would accuse me of child trafficking and arrest me. I told him that I knew a person from CPS who could verify that the child is indeed my son and that he is an American citizen. At that moment, he turned around, looked at me, and repeated, “CPS?”

The officer then gave me back my documents and told me to leave. He said that he did not want to see me crossing the border with my son, that the next time, they would take him away from me. One of the female officers accompanied me to the door to leave. I was detained for approximately 40 minutes.

The truth is that I felt denigrated because of the way they abused my rights and those of my son. I was only taking him to the doctor; I was not doing anything illegal. I showed him the doctor’s prescription, but he did not mind exposing my son to a closed place where there were more people and possible contagious viruses. My son is a baby; he was sick.

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 Field Office

Agency(ies): Office of Field Operations

Event Type(s): Abuse of Minor, Abusive Language, Disregard of Public Health, Wrongful Strip Search

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Family Unit, Female

July 30, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the experience of a Honduran family while in custody at Border Patrol’s “Temporary Outdoor Processing Site” (TOPS) facility under a bridge in Mission, Texas, and their subsequent lateral expulsion via Nogales, Arizona.

A Honduran man, wife and daughter entered the United States and were detained in [across from] Reynosa. They told the agents who detained them that they wanted to seek asylum. The agents said “no,” that there was nothing the agents could do for them; however, the agents asked the family to write down their names.

The family was taken under a bridge, where they were told to sleep outdoors, on the concrete. They were not given food or water for 10 hours. There were several hundred other migrants under the bridge with no access to running water. All the migrants were confined in a small space where they could touch each other. There were three toilets (port-o-potties) for several hundred migrants. There were no facilities for them to bathe under the bridge.

On the fourth day, the family was flown to Tucson where they were finally able to wash themselves, though they were detained there for four days and only allowed to wash that one time. In Tucson, they asked again to be considered for asylum but were again told no. The agents also shouted at the immigrants asking them to shut their kids up.

The agents told the family that since they came to the US illegally, they had no right to asylum, and that they should attempt to seek asylum at the nearby port of entry. From there, they were expelled to Nogales, Sonora.

KBI filed an August 11, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). As of August 17, KBI had not yet received a response.

KBI and NETWORK recorded a similar account, for July 23, 2021, of a Honduran family that spent three days at TOPS before being laterally expelled via Nogales.

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Rio Grande Valley, Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR

Victim Classification: Family Unit, Honduras

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan asylum seeker’s experience with her family while in Border Patrol custody in Arizona.

A Guatemalan woman, her sister (19), brother, and son entered the United States and were all detained by border patrol. At that time the agent was very nice to them and gave them water and took them to a Border Patrol station. They were subsequently moved to Tucson.

There, CBP processed the sister first, and a female CBP agent reached into her sister’s shirt and grabbed sister’s documents from her bra.

Her brother was separated from them, and she did not have any information about his whereabouts as of July 10. She was never told why they separated her brother from her.

She was also then separated from her sister, who CBP says tried to escape them while they were walking in the desert. The woman told agents several times that her sister had not tried to escape apprehension and that they had been together the whole time.

The officers told her “You are not in your country. We are in charge here.” In the facility, the staff at the station refused to give them blankets. In the early morning, she was reunited with her sister on a bus.

She tried several times to tell them she was seeking asylum, but no one listened. CBP kept telling them that this was their country, and they were in charge. The woman, her sister, and son were expelled to Nogales, Sonora in the early morning.

KBI filed a July 23, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Source: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, Due Process Denied, August 2021. <https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Sexual Assault or Harassment

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, Shared with DHS OIG

Victim Classification: Family Unit, Guatemala