6 Records of Alleged Abusive or Improper Conduct where the event type is “Conditions in Custody” where the victim classification is “Honduras”

March, 2022

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

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

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

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

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

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Honduras

October 13, 2021

The Central American website ContraCorriente published a Honduran family’s account of being held in Border Patrol custody in south Texas, then expelled on a flight to southern Mexico under the Title 42 pandemic policy.

For Fernando and his family, the American dream had ended just as it was beginning. As he tells us, they and about 150 other people were forced to walk from the border to the city of McAllen, Texas. They walked for about two hours and then boarded a bus that took them to the famous “hieleras” [“freezers”], as the migrants call the detention centers, whose characteristic is that they are very cold. They remained there for four days.

During their stay in the “hieleras” they had to bathe at 2 a.m. Fernando says that his girls got sick with respiratory problems. They were fed flour tortillas and lettuce. Before entering the detention center they were asked for the contact and address of the people who were waiting for them in the great country to the north. “Supposedly they were going to call them to pick us up, but from then on there was nothing, they kept us in the hielera for four days without knowing anything,” he told us.

On Wednesday, October 13, Fernando and his family were called to a room where there were other people. He’s assured that they even called his relatives, and he thought he was going to be reunited with them. They were put on a bus, taken to the airport in McAllen, and once on the plane Fernando knew something was wrong. They asked the immigration officials what was going on and they answered that they did not know: “When I least expected it, the plane landed and we saw that the airport said welcome to Villa Hermosa” [in southern Mexico].

Once they landed in the aforementioned city, jurisdiction of the State of Tabasco, the migrants demanded to know why they were left on Mexican soil if they were not originally from that country. At the airport they were picked up by Mexican immigration and boarded onto a new bus, in which they traveled to Corinto, on the border of Guatemala and Honduras. “They brought us here on bread and water,” says Fernando, touching his stomach. “They tricked us because we were supposedly going to our family, they even called them. Now they were surprised when I told them I was in Honduras. I was able to call because they gave us back our phones,” he adds.

— Allan Bu, “En la Madrugada, e Ignorados por el Estado, Llegan a Corinto Miles de Hondurenos Deportados” (Honduras: ContraCorriente, October 15, 2021) https://contracorriente.red/2021/10/15/en-la-madrugada-e-ignorados-por-el-estado-llegan-a-corinto-miles-de-hondurenos-deportados.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

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

Last Known Accountability Status: No Steps Taken

Victim Classification: Family Unit, Honduras

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 23, 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, his wife, and daughter entered the United States near McAllen, Texas where they were detained. They were kept under an overpass with hundreds of other migrants. The agents took their temperatures and biometric data.

There was a medical tent, but the family could not get medical attention. Their infant daughter became sick while they were there. Although they asked for medical attention for their baby, the agents refused to provide any.

They were held there for three days. This family was exposed to the elements and went without basic necessities like running water, beds to sleep in, etc. They were only fed twice a day.

Border Patrol would periodically call names to board buses; if you missed your name, you had to wait until next time they came to call your name. Because of this, people chose to remain awake rather than risk missing their chance to leave. The father recalls the brutal sleep deprivation this caused.

After three days the Border Patrol transferred them to a facility. At the facility the agents confiscated all their belongings (clothes, medicine, diapers, phone chargers, etc.). They were not given anything to eat at the facility for the whole day. The father was temporarily separated from his wife and daughter and placed in a separate holding facility with about fifty others, who had been at the facility for some time.

Eventually, the agents took down details of the family members they had in the US and told them they could leave once their family members had paid for their travel. This was a lie. The family was instead taken to the airport and flown to Tucson, AZ and then expelled to Nogales, Sonora.

KBI filed an August 3, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed “that they received the complaint and forwarded it to the Office of the Inspector General (OIG). No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

KBI and NETWORK recorded a similar account, for July 30, 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): Conditions in Custody, Denial of Food or Water, Denial of Medical Care, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Non-Return of Belongings

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

Victim Classification: Family Unit, Honduras

February 28, 2021

A report from the Kino Border Initiative (KBI) and NETWORK reproduced a Honduran woman’s account of the treatment that she, her daughter, her neighbor, and her neighbor’s daughter received in Border Patrol custody in Arizona, before being expelled into Mexico.

They were taken to a border facility which had other immigrants. The agents took the fingerprints in a rough manner, which caused her daughter to cry out in Spanish that her mom was good and the police should not take her away. The agents then got angry and insulted them, calling them “rats.” Their belongings were confiscated (bags, clothes, diapers, formula for babies). They did not give them water when they asked for some because they were thirsty from walking. Three hours later, they gave them juice and crackers. Despite the facility being cold, they were not permitted to put on any outerwear they brought with them.

The next day, when they were being transported out of the facility and the woman asked for their jackets, an agent threatened to shoot them; saying “you should have thought about that before you brought your daughter here” and “Don’t move! I’ve got a gun and I am not afraid to use it.” Her daughter’s lips were cracked because of the cold. While they were being transferred, they were kept out in the cold while the agents went to a place with heat. When she asked for a new diaper for her daughter, the agent denied her this. Her daughter went 18 hours in a soiled diaper. They were expelled to Nogales.

On 3/31/2021, three weeks after the initial complaint was filed [March 5], KBI received an email from CRCL which stated, “CRCL has reviewed the information you provided, in which Ms. Ramos Euceda alleged that she and her minor daughter were mistreated by US Border Patrol (USBP) agents following their apprehension by USBP and experienced inadequate conditions of detention at the Nogales Border Patrol Station while in USBP custody. Based on information we received from other sources, CRCL is investigating allegations of violations of civil rights and civil liberties in the Tucson Border Patrol Sector, including Nogales. CRCL plans to conduct an onsite investigation of the Tucson Sector later this year, and we will consider the allegations and concerns you sent us on behalf of Ms. Ramos Euceda.” No additional details were provided about disciplinary actions for officers or recourse for victims of abuse.

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): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Family Unit, Honduras

February 18, 2020

An ACLU complaint to the DHS Inspector-General cited the recent case of “Baby Sofía,” a six-week-old infant whose Honduran parents were apprehended in Border Patrol’s San Diego sector (original link).

The agent who transported the family to a nearby Border Patrol station subjected them to a reckless “rough ride,” causing Sofia to be jostled severely in her carrier as the Border Patrol vehicle traversed uneven terrain.[37] At the station, the agent who fingerprinted the family yelled at Gloria [the mother] and told her she was a terrible mother for bringing her baby to the United States.[38]

While the family was in custody, Sofía became ill. Agents brought the mother and daughter to a nearby emergency room, leaving the father in custody.

“At the emergency room, a doctor determined that Sofia was dehydrated and constipated. The doctor explained that there was little he could do for the baby, and insisted that the baby see a pediatrician as soon as possible. Instead—and in direct contravention of this medical advice—the Border Patrol returned Gloria and Sofia to detention.”

Through a second day in custody, the baby’s condition worsened. Mother and daughter were taken to a nearby children’s hospital.

“The examining physician again concluded that the infant was dehydrated and constipated, and administered a rectal suppository to help move the baby’s bowels. The doctor also scolded the Border Patrol agents who had accompanied Gloria and Sofia to the hospital, admonishing them that the conditions inside the facility (as Gloria had described them) ‘[were] no conditions for a newborn.'” Agents failed to follow doctors’ recommendation that the baby be given prune or fruit juice to soften her bowels.

Following two more days in custody and another visit to the emergency room, Border Patrol released the family to the San Diego migrant respite center. Sofía’s mother said that, since a final check-up in Tijuana, the baby’s weight had dropped in custody from 11.46 points to 8.82 pounds.

— ACLU Foundation of San Diego & Imperial Counties, ACLU Border Rights Center, “U.S. Customs and Border Protection and Border Patrol’s Abuse and Mistreatment of Detained Sick Children,” Letter to DHS Inspector-General Joseph V. Cuffari, February 18, 2020 https://cbpabusestest2.files.wordpress.com/2020/10/2020-02-18-dhs-oig-cmplt-2-final.pdf.

Footnotes from above:

[37] A “rough ride” is a euphemism for the practice of intentionally operating a vehicle in a manner that causes passengers physical harm, fear, or other discomfort. See, e.g., A.C. Thompson, “Dirtbag,” “Savages,” “Subhuman”: A Border Patrol Agent’s Hateful Career and the Crime That Finally Ended It, PROPUBLICA, Aug. 16, 2019, https://www.propublica.org/article/border-agents-hateful-career-and-the-crime-that-finally-ended-it; Ieva Jusionyte, Pain on the Border: Fieldnotes from a Migrant Aid Center in Nogales, Mexico, REVISTA: HARVARD REVIEW OF LATIN AMERICA (“Displacements” Issue) (Winter 2017), https://revista.drclas.harvard.edu/book/pain-border.

Infants are uniquely vulnerable to head and spine injuries, especially traumatic brain injuries, even when in appropriate car seats during motor vehicle accidents. See, e.g., Camille L. Stewart et. al., Infant Car Seat Safety and Risk of Head Injury, 49 J. PEDIATRIC SURGERY 193, 195 (2014), https://www.jpedsurg.org/article/S0022-3468(13)00773-2/pdf.

[38] ACLU has additional identifying details about this agent, which it can share with OIG upon request.

Sector(s): San Diego

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Medical Care, Rough Rides

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

Victim Classification: Family Unit, Honduras