3 Records of Alleged Abusive or Improper Conduct where the event type is “Conditions in Custody” where the accountability status is “Shared with Congressional Oversight Committees”

Late March, 2022

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

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

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

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

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Single Adult

Early March, 2021

The Kino Border Initiative reported about a Guatemalan mother and daughter’s difficult experience in Border Patrol custody before being expelled:

A young Guatemalan mother arrived at KBI with her 3-year-old daughter this week after Border Patrol expelled them to Mexico under Title 42. Her daughter suffers from stomach issues, and although the mother pleaded with a Border Patrol agent to keep her yogurt and medicine, the agent threw it in the trash. They were detained around 9PM and expelled the next day around 3PM. During those 18 hours, BP only provided them with a few crackers and juice. The mother said she felt dizzy when they were expelled to Mexico because they had not eaten. They also suffered cold during the time they were detained because BP agents confiscated all their sweatshirts and coats. By the time they were expelled, the 3-year-old had soiled her diaper, but BP agents had confiscated the diapers the mother brought with her. They refused to give her a diaper despite the fact that the girl’s pants were soaked through. One BP agent repeatedly yelled at them and said, “I don’t know what you’re doing in this country.”

— “March 4 Update From KBI” (Nogales: Kino Border Initiative, March 4, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Denial of Food or Water, Denial of Medical Care, Non-Return of Belongings

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

Victim Classification: Family Unit, Guatemala

Late February, 2021

The Kino Border Initiative reported:

A young Salvadoran man traveling with his sister arrived at our migrant center after being expelled under Title 42 last week. While he was in CBP custody, a Border Patrol agent yelled at the group he was traveling with: “Don’t move, you “M—- F—-rs.” The agent threatened that if they so much as moved, he would release the dog to “tear them into sh–.” While detained by CBP, they did not receive any food, and were not allowed to go to the bathroom until they repeatedly insisted. They were expelled to Nogales, Sonora at 12AM, when the Mexican immigration office was closed and there was no one there to receive them, so they slept outside the INM office in the cold. When they arrived at KBI, they had gone about 3 days without eating.

— “March 4 Update From KBI” (Nogales: Kino Border Initiative, March 4, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol, CBP

Event Type(s): Abusive Language, Conditions in Custody, Dangerous Deportation, Denial of Food or Water, Threat of Violence

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

Victim Classification: El Salvador, Family Unit