103 Records of Alleged Abusive or Improper Conduct in “Border-Wide”

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.

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 account of a 17-year-old minor who “experienced gender-based shame because officers yelled at her to leave a bathroom, but she did not have time to finish taking care of her needs before several male officers came into the restroom. This experience left her feeling humiliated and exposed.”

— 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 in Custody, Sexual Assault or Harassment

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.”

“Approximately 455 minors, or 10.6% of the minors screened, indicated that they lacked access to sufficient food, water, medical attention, or other basic necessities while in detention,” notes KIND’s complaint. “Many children describe going hungry because they received meager portions of food, often described as ‘snacks,’ only once or twice a day. Some describe missing meal distribution because they were in the bathroom; others, being denied water for several hours after asking for it.”

— 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, Denial of Food or Water

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.

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.”

“Approximately 455 minors, or 10.6% of the minors screened, indicated that they lacked access to sufficient food, water, medical attention, or other basic necessities while in detention,” reads KIND’s complaint. It cites the following examples of denied medical care:

  • Many children reported having symptoms such as fever, ear infection, nausea, stomach pain, sore throat, cough, chills, headaches, and/or body aches while detained, but they were denied access to adequate medical attention when they reported these symptoms to officers. Instead, officers regularly told minors to drink more water or gave the children cough drops or allergy medicine, rather than allowing them to speak with a trained medical professional.
  • One minor, who felt feverish and had a very sore, swollen throat, remembers asking to see a doctor. Officers told her that she could only see a doctor “if she was dying.”
  • Another minor, who was a teenager mother, reports begging officers to take her baby to the doctor after her baby became very ill. The officers first told her that she shouldn’t have left her country if she didn’t want her baby to get sick, and that there would be no “preferential treatment” for her. When the baby’s condition worsened, officers finally agreed to take him to the hospital, where doctors told the mother that the baby had a bacterial infection, likely caused by food he had eaten in detention.
  • After her apprehension [during which she suffered abrasions and bruises], Debra [pseudonym, a 15-year-old minor] 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.
  • Mikayla [pseudonym of a 15-year-old minor] shared that on approximately the 5th day of their detention Cameron, Abel, Mikayla, and other detained children became very sick after eating rice and tortillas that they believed were spoiled because they tasted sour. Other food they ate tasted under-cooked. Mikayla reports that they had stomach cramps, fever, and other flu-like symptoms. She vomited 2 or 3 times. Her brothers were sicker than she was and vomited multiple times a day, multiple days in a row. Mikayla alerted CBP officers at least 5 times that they were sick, but the officers did nothing to help them. Officers told her they did not have medication or medical personnel available to help the children. Mikayla remembers that they said, “This is not a hospital, and we are not doctors. We cannot help you.” Mikayla asked if they could eat anything else instead of the food which had made them ill. Officers replied that they would either eat what was given to them or not eat at all, and that it was not their concern whether the children ate or not.”

— 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 in Custody, Denial of Medical Care

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 conditions in CBP custody:

  • Children described being given food that was frozen, undercooked, or spoiled and therefore inedible. Other children report becoming nauseated or vomiting after eating the food.
  • one minor, who was detained for several weeks, remembers that there were never enough toothbrushes for each child, so they had to take turns deciding who would be able to brush their teeth.
  • 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.
  • Nathaniel [pseudonym] was 17 years old when CBP officers detained him in Texas on or about March 3, 2021. What he remembers most about his time in CBP detention is that it was extremely cold, that he barely slept, and that he did not receive sufficient food, so he was almost always hungry. He thought he would only be there for 3 days, but he was there for approximately 12. He was only permitted to shower 2 or 3 times while he was detained. Officers would only let him sleep for short durations of time before they would wake him up to conduct roll call, speak with children, or clean the cell. There was not enough space in the cell for everyone to sleep at the same time. He says that the other children cried a lot, because the officers were not nice to them, but he did not want to elaborate on what he meant because he was afraid to share further details.
  • Mikayla [pseudonym of a 15-year-old minor] further reports that during their 16-day detention, she and her brothers were only permitted to shower and change their clothes approximately 3 times, and that they were only permitted to brush their teeth twice. They were held with approximately 100 children, in a cell that Mikayla estimates could only fit 25 children comfortably.… It was difficult to sleep because the rooms were so crowded, the lights were almost always on, and the officers woke the children regularly to clean the cell. Furthermore, there was not sufficient space for all the children to lie down at the same time, and children quarreled over a very limited number of sleeping mats available.

— 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 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.

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

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.”

“28 children reported CBP physical abuse to the Florence Project,” the group’s complaint reads, citing the following examples:

  • A 17-year-old minor witnessed CBP agents use a Taser gun on other children as a punishment. The child was in constant fear after seeing other children being tased on the hand and neck. Although the child looked away each time this happened, the child was able to hear the cries of the impacted children.
  • One child reported that an officer yelled at the child and threw the child to the ground. The officer held the child on the floor by putting a knee on the child’s back.
  • One child reported that a person cleaning the holding center stepped on the child’s fingers and insulted the child when the child complained. The child witnessed CBP officers kick another child three times for sleeping in the wrong place.
  • A child reported witnessing an officer kick another child in the head.
  • A child reported being woken up by officers kicking the children and their mattresses.
  • Children reported being woken by officers slapping their bed sheets.
  • A 17-year-old child reported that a CBP officer shoved the child.

— 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, Conditions in Custody, Use of Force

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 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 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 organization’s complaint includes the account of a 16-year-old child who “reports that the child’s cousin with whom the child travelled was held until the cousin’s 18th birthday, at which point the cousin was transferred directly to an adult detention center, separating the child from the only family member with the child.”

— 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, Family Separation

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 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 denying food or water to children in custody:

  • 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.”
  • A 16-year-old child was detained for six days in poor conditions and lacked adequate food. The child reported stomach pains from the food the child received and was not given medical attention when it was requested.
  • One child reported that the food provided made the child sick with a headache. When the child examined the wrapper of the burritos served by CBP, they were expired.

— 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, Conditions in Custody, Denial of Food or Water

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 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.”

“Approximately 14 children reported being sick or getting sick while in CBP holding centers and not receiving adequate care,” the Florence Project’s complaint reads, citing the following examples:

  • A 16-year-old child was detained for six days in poor conditions and lacked adequate food. The child reported stomach pains from the food the child received and was not given medical attention when it was requested.
  • One child reported having COVID symptoms. CBP officers ignored the child until the child insisted on a COVID test. Upon testing positive, CBP officers refused to assist the child when the child requested toilet paper and water.
  • One child reported getting stomach pains after eating frozen food. The child asked for medical attention but never received it.
  • A child held for five days was very cold and became sick but was not given medical attention despite a request to see a medical provider.
  • One child stated that the child’s sister became sick with a respiratory illness and the nurse told her to just drink water and didn’t provide medicine or a COVID test.
  • A child reported being sick for five days while detained. Although the child was vomiting and had diarrhea, the officers did not provide medical attention. One officer told the child that “if you want medication, you have to stay five more days in detention.”
  • A child reported that the child felt sick while in CBP custody. A CBP officer examined the child and said that the child was fine, but the illness worsened. After the child arrived in ORR custody and was seen by medical processional, the child was immediately instructed to begin taking medication. The child believed that CBP’s failure to provide medical assistance allowed the condition to worsen.

— 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, Conditions in Custody, Denial of Medical Care

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 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 troubling anecdotes about children’s conditions in CBP custody:

  • The child was held with a large number of other children and was only given a couch to sleep on. The child only had one opportunity to shower. The child observed cameras inside the showering area and felt very uncomfortable.
  • Seven different children reported feeling unsafe due to cameras being placed in rooms where they were showering.

— 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, 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 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.”

“More than 25 children reported being held in holding centers in rooms/areas with unrelated adults,” the complaint reads. “These adults were not family or known to the children. Many of the children reported feeling afraid.”

— 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): Conditions in Custody, Endangerment

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.

“1% of children reported physical abuse or excessive force,” reads AI Justice’s complaint, citing the following examples:

  • One child, D.G.M.H., 15, reported having her foot handcuffed to a chair despite being cooperative and answering CBP officers’ questions.
  • H.M.C., 15, reported that if their name was called and they did not respond because they were sleeping, officers would kick them awake. He reports that they wear heavy work boots, and this was very painful.
  • F.C.R., 15, reported being kicked awake when he was sleeping.
  • C.C.L., 10, who was held for over five days, reported feeling hungry and not being able to shower regularly during his time in CBP custody. He states that at one point during his time there he had his mattress taken away. He stated that CBP would take their mattress if they felt someone was misbehaving. He also reported that officers sometimes would use vulgar words directed at them.

— 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, Conditions in Custody, Use of Force

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 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

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.

“13% of children reported lack of food and/or water,” reads AI Justice’s complaint. “Children reported that the food provided was insufficient, malnourishing, and at times, inedible due to it being spoiled or raw.” The complaint cites the following examples:

  • K.G.C., 15, reported only receiving bread despite being detained 10 days.
  • J.H.M., 9, reported receiving raw ham and burgers containing raw meat.
  • J.E.A., 15, reported being thirsty and the only access to water being right a by a bathroom with dirty water so he worried about drinking water from there. He also reported being hungry and having only been fed a sandwich.

— 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, Conditions in Custody, Denial of Food or Water

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.

“50% of children reported cold temperatures where the children describe their lips becoming chapped, bodies trembling, and/or becoming sick with a fever or cold,” reads the AI Justice complaint, citing the following examples:

  • N.T.M., 13, asked to be moved because she was so cold in her cell that her skin went purple, and her lips were so dry they cracked and bled.
  • K.P.R., 9, reported feeling so cold his “bones hurt.”
  • D.C.L., 16, reports being so cold he trembled. He said he did not have a sweater and all they were given were mylar blankets that often broke. When they tried to grab another blanket, the officers would yell at them. He stated he felt desperate to get out of the cold.
  • A.B.B., 17, echoed the stories of many when she reported that she was very cold during her time in CBP custody and that the mylar blanket provided was not enough to keep warm.

— 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, 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 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.

“5% of children reported being detained with adults,” reads AI Justice’s complaint. “J.H.M. stated that he was in the holding cell with four adult men, two of which harassed the 9-year-old telling him that he was his father and another, his uncle because one of them had impregnated his mom. J.H.M was distraught and tried to tell CBP officers what was happening to him but still he remained in the cell with adults. He reports lying on the floor and crying.”

— 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, Conditions in Custody, Endangerment

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

Victim Classification: Unaccompanied Child

December 11, 2021

A Yahoo News investigation told the story of Jeffrey Rambo, a Border Patrol agent assigned to the Counter Network Division of CBP’s National Targeting Center in 2017 and 2018. The investigation pointed to very troubling CBP intrusions into the private lives of U.S. citizens not suspected of committing any crimes, while all involved have avoided punishment.

Though assigned to a project with the ostensible goal of combatting forced labor, Rambo and his Division ended up digging through classified government databases to uncover information about the private lives of as many as 20 U.S. journalists. The resulting leak investigation ensnared reporter Ali Watkins, revealing her romantic relationship with a married Senate staffer. Rambo, Yahoo News’s Jana Winter reported,

ran Watkins through an assortment of databases. Those included, among others, CBP’s Automated Targeting System, a tool that compares travelers against law enforcement and intelligence data; TECS, which tracks people entering and exiting the country; the Treasury Department’s FinCEN, used for identifying financial crimes; and the State Department consular database, which included details of her passport application.

Dan White, Rambo’s supervisor at the Counter-Network Division, testified about Charlie Ratliff, a program analyst in the Division who “worked on DOMEX, a program that collects information from the contents of a person’s electronic device when they cross a U.S. border.”

According to White’s later testimony, Ratliff regularly investigated congressional staffers’ travel captured by CBP to run against the Terrorist Screening Database. “White stated that when Congressional ‘Staffers’ schedule flights, the numbers they use get captured and analyzed by CBP,” the inspector general report says. White told the investigators that Ratliff “does this all the time,” looking at “inappropriate contacts between people.”

Starting in 2018, the DHS Inspector-General and CBP’s Office of Professional Responsibility carried out a two-year investigation into Rambo’s activities, focused on whether Rambo improperly accessed government databases, and sought information outside the scope of his official duties.

The Inspector-General found grounds for potential criminal charges against Rambo, White, and Ratliff, and presented criminal referrals to the Justice Department in October 2020. In the end, Mark Lytle, the head of financial crimes at United States Attorney’s Office for the Eastern District of Virginia, declined to prosecute, in part because CBP lacked clear policies and procedures governing Rambo’s duties.

“We’re in a very dangerous place if having no rules means officers can’t break any rules,” Hugh Handeyside, a senior staff attorney with the American Civil Liberties National Security Project, told Yahoo News.

That same month, Jeffrey Rambo was taken off administrative leave and returned to duty as a Border Patrol agent, where he remained as of the time of Yahoo News’s investigation, assigned to the San Diego Sector. Dan White, Rambo’s former supervisor, was back running the same team as before at the CBP National Targeting Sector’s Counter Network Division. “When the inspector general requested any new policies or procedures the division had for contacts with journalists and people outside government, it received no reply,” Yahoo News found.

Ali Watkins, the reporter whose personal life came most heavily under CBP scrutiny and was working at the New York Times as of December 2021, told Yahoo News, “I’m deeply troubled at the lengths CBP and DHS personnel apparently went to try and identify journalistic sources and dig into my personal life. It was chilling then, and it remains chilling now.”

— Jana Winter, “Operation Whistle Pig: Inside the secret CBP unit with no rules that investigates Americans” (Yahoo News, December 11, 2021) https://news.yahoo.com/operation-whistle-pig-inside-the-secret-cbp-unit-with-no-rules-that-investigates-americans-100000147.html.

Sector(s): Border-Wide

Agency(ies): Border Patrol, National Targeting Center

Event Type(s): Civil Liberties or Privacy Infringement, Misuse of Intelligence Capability

Last Known Accountability Status: Criminal Charges Dropped, DHS OIG investigation Closed, OPR Investigation Closed

Victim Classification: Journalist, U.S. Citizen or Resident

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

November, 2021

A report from Human Rights First discussed the separation of an 18-year-old Cuban from the rest of his family at the border.

In November 2021, DHS separated an 18-year-old Cuban teenager from his parents and younger sister when they sought protection together at the border. While the rest of his family was paroled, DHS transferred the child to the Moshannon Valley Processing Center—a new immigration detention center opened by the Biden administration in Pennsylvania—placed him in removal proceedings and jailed him for over two months. ICE only released him in February 2022 after his attorney at Aldea PJC submitted a parole request.

“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.

Sector(s): Border-Wide

Agency(ies): CBP, ICE

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Cuba, Family Unit

November 18, 2021

CBP took 2,021 formal disciplinary actions against members of its 60,000-person workforce in fiscal year 2020, up from 1,629 actions in 2019, according to a new Report on Internal Investigations and Employee Accountability. (original link)

Half of those disciplinary actions were reprimands. In 86 cases was the employee removed. Another 2,112 cases ended up with required counselings.

The report notes 196 CBP employees being arrested a total of 201 times in 2020. “On average, the employee arrested was 41 years of age and had served just over ten years with CBP at the time of arrest.” The vast majority of arrests were for “Drug / Alcohol Related Misconduct” or “Domestic / Family Misconduct.” Four cases were labeled “Corruption.”

The agency’s Office of Professional Responsibility (OPR) opened 516 investigations into use of force incidents in 2020, 17 of them for use of deadly force. The vast majority of cases were closed because the agents were found not to be violating policy. Of use-of-force cases closed with a disciplinary outcome, 1 resulted in a removal, 2 in reprimands, and 5 with counselings.

OPR opened 1,947 new investigations in 2020, and closed 1,994 existing investigations.

Report on Internal Investigations and Employee Accountability FY2020 (Washington: Customs and Border Protection, November 18, 2021) https://www.cbp.gov/document/report/report-internal-investigations-and-employee-accountability-fy2020.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Evading Oversight, Unethical Off-Duty Behavior, Use of Force

Last Known Accountability Status: Criminal Charges Pending, DHS OIG investigation Closed, OPR Investigation Closed, Personnel Terminated, Suspension, Reprimand, or Counseling

Victim Classification:

November 17, 2021

Just before a mandate that all federal employees be vaccinated against COVID-19 by November 22, Border Patrol had a 79 percent rate of full vaccination. Another 16 percent of agents had pending requests for exemptions from the mandate, much higher than the federal government average, leaving 5 percent unvaccinated or unresponsive. At the Intercept, Ken Klippenstein wrote about agents who resent or are resisting the vaccine mandate. In it, an agent in the Rio Grande Valley sector sent an e-mail to 3,000 colleagues that began, “You said, ‘STOP THE SPREAD!!’ but that should have been our battle cry, ‘STOP THE SPREAD OF ILLEGAL ALIENS INTO THE COUNTRY.”

— Valerie Gonzalez, “Border Patrol prepares to address non-compliant unvaccinated agents” (McAllen: The Monitor, November 27, 2021) https://myrgv.com/featured/2021/11/27/border-patrol-prepares-to-address-non-compliant-unvaccinated-agents/.

— Ken Klippenstein, “The Biden Administration’s Game of Chicken With Border Patrol Over Vaccines” (The Intercept, December 1, 2021) https://theintercept.com/2021/12/01/covid-vaccine-mandate-border-patrol/.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Disregard of Public Health, Insubordinate or Highly Politicized Conduct

Last Known Accountability Status: Unknown

Victim Classification:

October 27, 2021

The Southern Border Communities Coalition (SBCC) surfaced the issue of Border Patrol’s “Critical Incident Teams,” which often arrive at the scene when agents may have committed wrongdoing. The SBCC submitted a letter to congressional leaders requesting that they hold hearings into these units’ activities. While Critical Incident Teams may have other roles, coming up with exculpatory evidence to protect agents strongly appears to be one of them. No other law enforcement agency, the SBCC contends, has a similar capability, and the Teams’ existence is not specifically authorized by law.

SBCC was alerted to the teams’ role while carrying out advocacy around the case of Anastasio Hernández, a Mexican citizen whom border agents beat and tasered to death in a 2010 case caught on cellphone video. The Coalition found that a Critical Incident Team failed to notify San Diego police, controlled police investigators’ witness lists, tampered with evidence, sought to obtain Hernández’s medical records, failed to preserve video evidence, and “contacted the FBI and asked them to charge Anastasio with assault while he lay brain dead in the hospital. The FBI declined.”

Critical Incident Teams have existed in some form at least since 1987. (Their “challenge coin,” depicted in SBCC’s document, says “Est. May 21, 2001” and includes images of a chalk outline and a rolled-over vehicle.) They are almost never mentioned in Border Patrol or CBP statements. “Their existence poses a threat to public safety,” SBCC argued, “by concealing agent misconduct, enabling abuse, and exacerbating impunity within the nation’s largest law enforcement agency, U.S. Customs and Border Protection (CBP). Immediate investigations into BPCITs are imperative.”

A January 10, 2022 front-page New York Times story about Border Patrol vehicle pursuit tactics included an account of Critical Incident Teams’ presence after an August 3 crash in New Mexico:

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

This article also noted Critical Incident Teams’ role in the Border Patrol shooting of Mexican migrant Marisol Gómez Alcántara while she sat in the backseat of a vehicle in Nogales, Arizona.

CBP briefed House members about the Critical Incident Teams in late 2021, but this “did not fully address our questions,” Rep. Bennie Thompson (D-Mississippi), chairman of the House Homeland Security Committee, told the New York Times. As subsequent information requests got no replies from the agency, Congress issued two letters on January 24, 2022. Ten chairpeople of House and Senate Judiciary, Homeland Security, and Oversight committees and subcommittees wrote to Comptroller-General Gene Dodaro, who heads the U.S. Government Accountability Office (GAO, the Congress’s auditing and investigative arm), asking GAO to produce ar report about the teams (original link). The chairs of the House Homeland Security and Oversight Committees, Rep. Thompson and Rep. Carolyn Maloney (D-New York) wrote to CBP Commissioner Chris Magnus, informing him in a more strongly worded message that they are launching their own joint investigation into the Critical Incident Teams (original link). The Thompson-Maloney letter required that CBP turn over a list of documents by February 7.

Bloomberg Government asked CBP Commissioner Magnus, a former Tucson, Arizona police chief who has been in his position since early December, about the Critical Incident Teams. A statement responded that “U.S. Customs and Border Protection’s specialized teams are ‘vitally important’ in the collection and processing of evidence related to enforcement activities,” Bloomberg reported. Magnus said that CBP would work with the committees and with GAO.

A May 3, 2022 memorandum from CBP Commissioner Chris Magnus terminated the Critical Incident Teams, transferring their duties to CBP’s Office of Professional Responsibility (original link). “By the end of FY [Fiscal Year] 22,” it reads, “USBP will eliminate all Critical Incident Teams and personnel assigned to USBP will no longer respond to critical incidents for scene processing or evidence collection.”

An August 11, 2022 letter from the SBCC warned that “the CBP Office of Professional Responsibility (OPR) is hiring” members of the to-be-dissolved Critical Incident Teams. OPR is CBP’s internal affairs body that investigates and sanctions agents for misconduct, including improper use of force.

— Vicki B. Gaubeca, Andrea Guerrero, “Request for congressional investigations and oversight hearings on the unlawful operation of the U.S. Border Patrol’s Critical Incident Teams (BPCITs)” (San Diego: Southern Border Communities Coalition, October 27, 2021) https://d3n8a8pro7vhmx.cloudfront.net/alliancesandiego/pages/3292/attachments/original/1635367319/SBCC_letter_to_Congress_Final_10.27.21.pdf?1635367319.

— Eileen Sullivan, “Democrats in Congress Seek Review of Teams Within the Border Patrol” (New York: The New York Times, January 24, 2022) https://www.nytimes.com/2022/01/24/us/politics/border-patrol-critical-incident-teams.html.

— “Oversight and Homeland Security Chairs Request Information from Customs and Border Protection on Potential Misconduct of Specialized Teams” (Washington: U.S. House of Representatives, January 24, 2022) https://homeland.house.gov/news/correspondence/oversight-and-homeland-security-chairs-request-information-from-customs-and-border-protection-on-potential-misconduct-of-specialized-teams.

— “House & Senate Committee Leaders Request GAO Audit of CBP ‘Critical Incident Teams’” (Washington: U.S. House of Representatives, January 24, 2022) https://homeland.house.gov/news/correspondence/house-and-senate-committee-leaders-request-gao-audit-of-cbp-critical-incident-teams.

— “CBP Eliminates Border Patrol Cover-Up Units” (Southern Border: Southern Border Communities Coalition, May 6, 2022) https://www.southernborder.org/for_immediate_release_cbp_eliminates_border_patrol_cover-up_units.

— Chris Magnus, “Critical Incident Response Transition and Support” (Washington: Customs and Border Protection, May 3, 2022. https://assets.nationbuilder.com/alliancesandiego/pages/409/attachments/original/1651850948/Critical_Incident_Response_Signed_Distribution_Memo_%28508%29.pdf?1651850948

— Vicki Gaubeca, Andrea Guerrero, “New information that raises the stakes on the investigation of Border Patrol Critical Incident Teams (BPCITs) and implicates other parts of CBP” (San Diego: Southern Border Communities Coalition, August 11, 2022) https://assets.nationbuilder.com/alliancesandiego/pages/409/attachments/original/1660253686/Letter_to_Congress_re_BPCIT_Aug_2022_r1.pdf?1660253686.

Sector(s): Border-Wide

Agency(ies): Border Patrol, Critical Incident Teams

Event Type(s): Evading Oversight

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

Victim Classification: Female, Mexico, Single Adult

October 26, 2021

A letter to CBP’s Chief Information Officer from the National Archives’ Chief Records Officer voices concern about CBP personnel’s use of the messaging applications WhatsApp and Wickr. (original link) Laurence Brewer’s letter seeks “to ensure that CBP is communicating to all employees that they cannot use these applications to circumvent their records management responsibilities.”

The letter, which requests a report from CBP about these apps’ use, cites findings from an October 2021 DHS Inspector-General report about improper CBP targeting of U.S. citizens during 2018-19 “migrant caravans.”

With respect to WhatsApp, the OIG report notes that their ability to determine whether proper processes and procedures were followed was hampered by a failure to retain communication records, including records in WhatsApp (page 4). Further, the OIG report states that there are “instances of CBP officers not documenting information they obtained during caravan-related inspections” (page 12); that CBP officials did not retain communication records (page 17); and that “the CBP officials failure to retain WhatsApp messages likely violated DHS and CBP records retention policies because the messages were information that CBP created or received in carrying out its mission and contained substantive information that was necessary to adequately and properly document the activities and functions of the CBP officials” (page 28).

Additionally, the OIG report found that during this operation, it is not even clear if CBP policies permit the use of WhatsApp.

With respect to Wickr, NARA is concerned about the use of this messaging application as it has the capability to auto-delete messages after a specified period of time has passed. In light of the information in the OIG report, NARA is concerned about agency-wide deployment of a messaging application that has this functionality without appropriate policies and procedures governing its use.

NBC News reported that CBP had spent more than $1.6 million on Wickr, which is owned by Amazon, since 2020. The nonprofit watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against CBP in March 2022 after CBP failed to respond to a records request about its use of Wickr.

— Laurence Brewer, Letter to Eric Hysen, Chief Information Officer, Customs and Border Protection (Washington: National Archives and Records Administration, October 26, 2021) https://www.archives.gov/files/records-mgmt/resources/ud-2022-0001-dhs-cbp-open-letter.pdf.

Ben Goggin, Louise Matsakis, “Border Patrol’s use of Amazon’s Wickr messaging app draws scrutiny” (United States: NBC News, April 3, 2022) https://www.nbcnews.com/tech/tech-news/border-patrols-use-amazons-wickr-messaging-app-draws-scrutiny-rcna21448.

— “CREW sues for records on CBP contract with Wickr, ‘auto-burn’ encrypted messaging app” (Washington: Citizens for Responsibility and Ethics in Washington, March 2, 2022) https://www.citizensforethics.org/legal-action/lawsuits/crew-sues-for-records-on-cbp-contract-with-wickr-auto-burn-encrypted-messaging-app/.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Evading Oversight

Last Known Accountability Status: Lawsuit or Claim Filed

Victim Classification: