20 Records of Alleged Abusive or Improper Conduct where the event type is “Conditions of Arrest or Apprehension”

Early April, 2022

The Kino Border Initiative (KBI) reported about a man whom Border Patrol injured and expelled into Mexico near Nogales, Arizona:

Last week, a Border Patrol agent ran over Marco Antonio (not real name), a Guatemalan national, with his four-wheeler before pushing him to the ground and detaining him. The BP agent first hit him with the front bumper and then ran over his right leg with one of the front wheels. Another BP agent realized that Marco Antonio could not walk, and so picked him up and carried him to another four-wheeler to transport him to the hospital. At the hospital, Marco Antonio was treated for severe dehydration and a dislocated knee joint. Hours later, he was transported to the border in Nogales, where they arrived around noon. Mexican immigration officials refused to accept him because of his condition, as he was unable to walk. Border Patrol then drove him back to the station, and later that day, they took him back to Nogales, where they expelled him on or after 10PM, when there were no Mexican authorities to receive him.

— “April 14 Update from KBI” (Nogales: Kino Border Initiative, April 14, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Dangerous Deportation, Pedestrian Strike, Return of Vulnerable Individuals

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

Victim Classification: Guatemala, Single Adult

February 14, 2022

The August 16, 2022 San Diego Union-Tribune recounted the story of “Lucy” (real name withheld), a Salvadoran mother who crossed the eastern California border with her children. According to her attorney, Lucy was fleeing death threats.

She claimed that a Border Patrol agent beat her during her apprehension, that she was denied medical attention, and that agents separate her from her 10-year-old daughter.

They were with a group of other migrants resting along a train line in Calipatria — a city about 35 miles north of Calexico — on Feb. 14 when Border Patrol agents found them.

Lucy said she went to wake up her 18-year-old son Anner as the other migrants fled. A Border Patrol agent caught her and began beating her, she said.

“The truth is I thought he was going to kill me because he had hit me so much,” she told the Union-Tribune.

Her children watched in horror and begged another agent to get him to stop, she said, but the other agent said that he couldn’t because of who the agent attacking her was.

Lucy, who is less than 5 feet tall, attempted to free herself from the agent to save herself, she said. Anner threw a couple of rocks near the agent to try to get him to stop.

The agent did stop, and Lucy escaped to where the other agent was standing with her children, she said.

They were taken to a Border Patrol station, and though Lucy was bleeding from the head and lip and already quite bruised, she did not receive medical attention, she said.

She recalled the agents bullying her and laughing at her.

She was placed in a holding area with her daughter, but soon agents came to take Lucy away. It would be more than a month before she even had an idea of where her daughter ended up.

“They didn’t even give me a chance to say goodbye,” Lucy said. “They took me out and handcuffed me.”

She was taken to a federal facility in Arizona to wait because she was being charged with assaulting and intimidating the agent that she says attacked her, a felony. Anner was charged with a misdemeanor and held in another facility.

The FBI agent who investigated the incident noted in a court filing that Anner told him that the Border Patrol agent was punching his mother.

In May, the U.S. Attorney’s Office asked the judge to dismiss the charges, and the case was dropped.

— Kate Morrissey, “Family Separations at the Border Continue Under Biden” (San Diego: The San Diego Union-Tribune, August 17, 2022) https://www.sandiegouniontribune.com/news/immigration/story/2022-08-16/family-separations-at-the-border-continue-under-biden.

Sector(s): El Centro

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Conditions of Arrest or Apprehension, Denial of Medical Care, Family Separation, Use of Force

Last Known Accountability Status: Unknown

Victim Classification: El Salvador, Family Unit

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 troubling anecdotes about children’s apprehensions by CBP personnel:

  • At least two minors reported having guns pointed at them when they were being detained by officers, and another reported hearing shots fired when officers attempted to detain her and members of her group.
  • Debra [pseudonym] was 15 years old when two male immigration officers detained her in Arizona on or about October 9, 2021. The officers never gave their names, but she remembers they wore green uniforms. She was very frightened when she encountered the officials. One of them violently grabbed her by the sweater, forced her face-down to the ground, and put his knee in her back while handcuffing her. She was in a great deal of pain, and it was extremely difficult to breathe. She lay face-down on the ground for approximately 2 minutes, with the officer’s body pressure on her back. The officer was violent and aggressive, and Debra was terrified. The officer did not speak to her in a language she could understand except when he told her in Spanish to “get up” off the ground. During this violent encounter, she sustained abrasions and bruises to her face and legs, and she was sore, especially on her back and shoulders, for several days after the encounter. After her apprehension, Debra was taken to a detention facility and spoke with a medical provider for 2 minutes or less, but they told her there was nothing they could do for her injuries. They did not clean her injuries or provide her with any bandages. She was also interviewed by a female immigration officer who explained that she was the “police of the police.” The woman introduced herself, but Debra does not recall the woman’s name. She does, however, remember that the woman was wearing a blue uniform. The woman in the blue uniform interviewed Debra for about 20 minutes, asked about her injuries, and took photos. However, nobody explained what would be done with the information obtained during the interview.

— 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, Conditions of Arrest or Apprehension, Use of Force

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

Victim Classification: Female, Unaccompanied Child

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

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

August 2, 2021

A CBP statement related the death in Border Patrol custody of a Salvadoran man near Eagle Pass, Texas (original link). The man had become “unresponsive” after being restrained for having reportedly become “unruly.”

The following statement pertains to an in-custody death that occurred near Eagle Pass, TX, on Monday, August 2, 2021. This information is based on a preliminary review and may be corrected or updated in the future. Additional information may also be released by other agencies investigating this incident.

On August 2, 2021, Border Patrol Agents (BPAs) were alerted to the presence of a group of suspected undocumented migrants inside a ranch approximately 17 miles south of Eagle Pass, Texas near Highway 277. BPAs assigned to the Eagle Pass South (EGS) Border Patrol Station responded and began tracking the group of migrants. After approximately nine hours of tracking the group, BPAs located and apprehended seven migrants while several other individuals fled. BPAs continued to search for these individuals.

Shortly thereafter, BPAs apprehended five more migrants, to include a male citizen of El Salvador. The man was initially handcuffed together with two other migrants using two sets of handcuffs. The man reportedly became unruly and was causing discomfort to the other two individuals to whom he was attached. When BPAs removed the handcuffs to separate him from the others, he attempted to escape, running a short distance before being apprehended again by BPAs. BPAs restrained him with his hands behind his back and placed him on the hood of a nearby Border Patrol vehicle. BPAs placed two other migrants on the front bumper area of the vehicle and two in the rear of the vehicle and drove back to the location where the first group was apprehended to await a transport vehicle.

Upon arrival at that location, BPAs removed all the migrants from the Border Patrol vehicle to await the transport vehicle; the El Salvadoran man remained restrained. When the Border Patrol transport vehicle arrived approximately one hour later, BPAs discovered the man was unresponsive. The BPAs began chest compressions and requested emergency medical services. When the Eagle Pass Fire Department arrived on the scene, medical personnel determined the man was deceased.

Consistent with agency procedures for reviewing in-custody deaths, CBP OPR immediately responded to the scene, interviewed migrants involved in the incident, and subsequently notified the Federal Bureau of Investigation, the DHS Office of Inspector General, and the Dimmit County Sheriff’s Department. The Webb County Medical Examiner’s Office and CBP OPR are reviewing this incident which is under investigation by the Texas Rangers. CBP is fully cooperating with all agencies reviewing or investigating this incident.

All CBP personnel involved in the incident have been reassigned to non-field enforcement activities, pending the results of the investigation and subsequent actions that may be warranted. Additionally, U.S. Border Patrol has initiated a full review of their transport and detention procedures to assure they are fully compliant with the CBP Transport, Escort, Detention, and Search (TEDS) policy.

CBP Statement: Death in Custody at Eagle Pass, TX” (Washington: Customs and Border Protection, August 6, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-death-custody-eagle-pass-tx-0.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Use of Force

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

Victim Classification: El Salvador, Single Adult

August 1, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described Border Patrol agents’ violent apprehension of a group of six migrants in Arizona.

A Guatemalan man in a group of six entered the United States and encountered Border Patrol agents. One of the agents pushed one of the men down with a knee on his back. Another man from the group was running, and the dog the agents brought with them attacked him and knocked him face down into a cactus. One of the spines penetrated near his eye, causing his face to bleed. When the man with eye injury asked for help, the agents said no, and that this is what happens to people who come here.

An agent grabbed the Guatemalan man who filed this complaint by the back of the neck and shoved him. The agent lunged to try to shove him again; when he ducked down the agent kept going forward and hurt himself on the cactus spines. Angered by this, the agent grabbed the Guatemalan man by the neck. The man said he felt like he was being choked. The Guatemalan man was injured as he had cactus spines stuck in his legs. He was not allowed to take them out until the next day.

The Guatemalan man’s brother-in-law was also in the group. He was dehydrated and vomiting. As he lay on the ground, begging for water, an agent put his foot on the man’s back and then kneeled on him. It was not until they arrived at a temporary outpost nearly two hours later that they got water.

The group was expelled to Nogales, Sonora the next morning, where Kino then took them to the hospital.

KBI filed an August 4, 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, 2021, KBI had not yet received a response.

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): Conditions of Arrest or Apprehension, Denial of Food or Water, Denial of Medical Care, Use of Force

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

Victim Classification: Guatemala, Medical Condition, Single Adult

Early July, 2021

The Kino Border Initiative reported:

Several people who arrived at our Migrant Aid Center in Nogales reported brutal treatment by Border Patrol agents encountered in the desert. Two different people reported that agents slammed them to the ground after lifting them by the neck, one person was dragged through thorns, and one was handcuffed, tied to a horse, and forced to walk behind the horse for two hours.

— “July 8 Update From KBI” (Nogales: Kino Border Initiative, July 8, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Use of Force

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

Victim Classification: Single Adult

June 16, 2021

A report from the Kino Border Initiative (KBI) and NETWORK included a Jamaican migrant’s account of violent treatment by Border Patrol agents at Nogales, Arizona’s DeConcini port of entry.

A Jamaican man entered the United States at a port of entry to ask for asylum and was immediately confronted by two Border Patrol agents who physically attacked him. They knocked him to the ground with a plastic barrier and began beating and punching him. One agent put his foot on his neck as he lay on the ground. The agents dragged him across concrete into an office at the port of entry. A third agent told the two that what they were doing was wrong. The other agents dismissed her objection. The Jamaican man was then handcuffed to a bench. Later, he was taken to another room where he was photographed and fingerprinted. When the agents asked why he was there, the Jamaican man said he was seeking asylum. The agents asked where he was from and when he said Jamaica. The agents said, “this is what a bunch of you have been doing (running into the port of entry), you are getting out of here.” They took him to the Mexican immigration office. His friends were in Mexico waiting to see if he got across successfully. The Mexican immigration officers took photos of all their passports and asked them to go to Kino Border Initiative.

KBI filed a June 24, 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 “saying 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.”

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, Tucson Field Office

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

Event Type(s): Conditions of Arrest or Apprehension, Denial of Protection to Most Vulnerable, Use of Force

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

Victim Classification: Black, Jamaica, Single Adult

June 12, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed rough treatment that a Guatemalan man said he received from Border Patrol agents who apprehended him in Arizona.

A Guatemalan man entered the United States through the desert with a group of several others. He encountered Border Patrol agents who tripped him, causing him to fall and injure his knee. His face was injured with thorns. He was in a lot of pain, and he asked for medical attention. The agents said they could not help him. They then forced him to walk for an hour in handcuffs. Then the agents drove him to the border station. He didn’t receive medical attention at the station. He was expelled from that station to Nogales, Sonora. Only after he arrived in Mexico did Kino facilitate medical attention.

KBI filed a June 22, 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 “saying 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.”

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): Conditions of Arrest or Apprehension, Denial of Medical Care, Use of Force

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

Victim Classification: Guatemala, Medical Condition, Single Adult

Early June, 2021

The Kino Border Initiative reported:

A man arriving at our center reported watching from a distance as Border Patrol agents emptied the water bottles belonging to the apprehended members of his group. Dehydrated, he continued walking in the desert alone until he encountered another group of Border Patrol agents who physically assaulted him and mocked his dehydrated state, refusing to give him water until they arrived at a Border Patrol station.

— “June 10 Update From KBI” (Nogales: Kino Border Initiative, June 10, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Denial of Food or Water

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

Victim Classification: Single Adult

April 17, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed a Salvadoran asylum-seeking family’s violent Border Patrol apprehension and subsequent inability to seek asylum, before being expelled under Title 42.

A Salvadoran woman, her 10-year-old daughter, 1-year-old son, brother, cousin, and cousin’s daughter, entered the United States on April 17, 2021. They saw a Border Patrol truck arriving and waited for it to arrive so they could ask for asylum.

The Border Patrol agent who got out of the truck was enraged. He pulled a gun on the mother and family. He berated them, calling them “damned criminals,” “rats,” “terrorists,” and “criminals,” as they cried and asked for asylum. He spoke English and Spanish but spoke Spanish poorly, but the Salvadoran woman said she understood enough. He continued to pull his gun on them even though they were not posing any threat to his safety. They were unarmed and with children. She believed that he was going to kill them.

Then, another agent arrived and calmed the first agent down. Other agents and vehicles arrived to transport them. She told those agents that they were seeking asylum, but they said they didn’t speak Spanish.

Once they were transported to an open-air outpost, she asked the agents there for asylum and got the same answer. Then they were transported to a permanent building [the Nogales Border Patrol station] where they were inspected by a doctor. She told the doctor she wanted seek asylum and he just said good luck. At the facility, she told several more agents she wanted to seek asylum. Despite telling 7 or 8 different agents that they were hoping to seek asylum in the United States, they were repeatedly told that no one spoke Spanish and were never given a fear assessment. They were all expelled to Nogales, Sonora.

KBI filed a July 13, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). The organization reported, “As of 8/17/2021, five weeks after the initial complaint was filed, KBI has received no response to this complaint.”

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 of Arrest or Apprehension, Denial of Protection to Most Vulnerable, Threat of Violence, Use of Force

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

Victim Classification: El Salvador, Family Unit

April 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted the conditions of a Guatemalan man’s apprehension by Border Patrol in Arizona, which appeared to involve aggressive use of canines.

A Guatemalan man entered the United States in a group of three and was met by five Border Patrol agents. The agent had dogs and the man was afraid of dogs, so he ran and hid so that the dogs would not bite him. Then the agent forcefully grabbed him by the back of the neck and handcuffed him to other detained migrants. The agents were screaming in English, but the Guatemalan man did not understand English. The man complained that the handcuffs were too tight, but the agents did not respond. The agent’s dog ran between the three immigrants, causing one to fall first and take the others down with him. The Guatemalan man who made this complaint fell on his wrist and his handcuffs got tighter. He asked again that they loosen the handcuffs but there was no response. His right wrist was bruised for days after he was expelled.

KBI filed an April 7, 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, 2021, KBI had received no response.

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): Conditions of Arrest or Apprehension

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

Victim Classification: Guatemala, Single Adult

April 3, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the apprehension and expulsion of a Guatemalan man who, after fleeing extortion and threats in his country, was kidnapped and tortured for two weeks during his journey through Mexico.

He managed to flee his kidnappers to continue to the U.S. In the U.S., he and two friends encountered one Border Patrol agent. The agent first handcuffed the other two to each other with chains. The agent then kicked the Guatemalan man who made this complaint in the left ankle, which caused him to collapse. The agent picked the man up by his shoulder and put him in the back of the truck. The agent expelled the man to Nogales, Sonora despite the injuries the agent had inflicted and the fact that he was kidnapped in Mexico. He was never given an opportunity to speak to anyone else about his fear of return.

KBI filed an April 13, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 30, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. No 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): Conditions of Arrest or Apprehension, Dangerous Deportation, Denial of Protection to Most Vulnerable, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Guatemala, Kidnap Victim, Single Adult

Late February, 2021

The Kino Border Initiative reported:

Last week, a young Guatemalan woman who crossed the border through the desert was approached by Border Patrol agents traveling on four wheelers. When she tried to run, one agent hit her with his four wheeler. The impact threw her into a cluster of thorny bushes. When she arrived at KBI, she was in a great deal of pain. Her legs were throbbing, and she had thorns embedded in the skin on her legs and back.

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

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Pedestrian Strike

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

Victim Classification: Female, Guatemala, Single Adult

January 29, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described rough treatment during Border Patrol apprehension of a Guatemalan man in southern Arizona.

A Guatemalan man entered the United States near Sasabe, Sonora and walked for four hours before being met by Border Patrol who were on motorcycles. At first the man started to run, but when the official got closer, he stopped and put his hands up. The agent then grabbed him and shoved him to the ground, causing pain to his shoulder. He was then moved to Tucson. He was not given any medical attention for his shoulder. He was instead expelled to Nogales, while he was still experiencing pain.

On the same day the complaint was filed [February 2, 2021], the local CBP OPR contact responded inquiring about photos or medical records associated with the abuse. On 2/8/2021, a week after the initial complaint was filed, KBI received an email from CRCL stating that they received the complaint, recorded it in their database, and no further actions would be taken. No 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): Conditions of Arrest or Apprehension, Denial of Medical Care, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Guatemala, Medical Condition, Single Adult

January 28, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed allegations of cruel treatment during a Border Patrol apprehension.

A Guatemalan man crossed into the United States and was detained in the desert. The border patrol agents who arrested them were driving a four wheeler. They drove really fast, right towards the immigrants. The immigrants had to jump out of the way to avoid being run over. The Guatemalan man fell over when he jumped out of the way. Despite not resisting arrest, an agent put his hand around the migrant’s neck and pulled him to handcuff him. The agents were laughing as they handcuffed him. Despite cold temperatures, he was made to remove his outerwear and walk only in a t-shirt. He was forced to walk 20 minutes handcuffed. Afterwards, he was transported to Tucson and promptly expelled.

KBI filed a January 29, 2021 complaint with the DHS Office of Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On March 18, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. No 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): Conditions of Arrest or Apprehension, Endangerment

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Guatemala, Single Adult

Mid-December, 2020

The Kino Border Initiative reported:

A pregnant Guatemalan woman arrived at KBI last week after being expelled under Title 42. She traveled north through Mexico alone, and crossed with a guide into the Arizona desert where she turned herself in to Border Patrol. Once detained, she requested the Border Patrol agents hear her fear claim to process her for asylum. They assured her they would do so. She overheard the agents saying they were sending her back to Mexico, and asked why, when they had assured her they would hear her fear declaration. She pleaded with them not to expel her to Mexico. Although they knew she was 5 months pregnant, they pulled her, forcibly put her into the Border Patrol vehicle and threatened to handcuff her if she resisted. Border Patrol agents then expelled her to Nogales, Sonora.

— “December 17 Update From KBI” (Nogales: Kino Border Initiative, December 17, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Female, Guatemala, Pregnancy, Single Adult

February 4, 2020

Border Patrol agents apprehended 32-year-old James Paul Markowitz in his vehicle in Brackettville, Texas, “after he was identified as a suspect in an alien smuggling case,” a CBP statement read (original link). While it is unclear whether he was involved in the incident, Markowitz did have small amounts of methamphetamine and cocaine in his car, which he swallowed in an attempt to avoid detection.

During processing at the Brackettville Border Patrol station, Markowitz “began exhibiting signs of distress.” CBP’s notification to Congress stated that an ambulance was called at 6:00 PM. A CBS News records review revealed that “the ambulance wasn’t actually called for until 6:26 PM.” Markowitz died of a drug overdose.

Markowitz’s stepfather has been unable to get more information from CBP about the circumstances of his death.

In a March 3, 2020 letter to DHS, Congressional Hispanic Caucus Chairman Rep. Joaquín Castro (D-Texas) and CHC Immigration Task Force Chairwoman Rep. Linda Sánchez (D-California) accused DHS of having “failed to provide further clarity or transparency surrounding the death of a U.S. citizen in CBP custody.” (original link).

— Graham Kates, “Family of U.S. man who died after Border Patrol arrest says government has been tight lipped for a year” (CBS News, February 4, 2021) https://www.cbsnews.com/news/james-markowitz-border-patrol-arrest-government-silence/.

— Rep. Joaquín Castro and Rep. Linda T. Sánchez, “CHC Members Demand Answers Following Death of American Citizen James Paul Markowitz in CBP Custody” (Washington: Congressional Hispanic Caucus, March 3, 2020) https://chc.house.gov/media-center/press-releases/chc-members-demand-answers-following-death-of-american-citizen-james.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Denial of Medical Care, Fatal Encounter

Last Known Accountability Status: Shared with Congressional Oversight Committees, Under OPR Investigation

Victim Classification: U.S. Citizen or Resident