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

October 25, 2021

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

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

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

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

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

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

In the end:

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

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

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

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

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

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

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

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

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

Sector(s): Border-Wide

Agency(ies): Border Patrol, CBP

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

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

Victim Classification:

October 21, 2021

“In the past two months alone,” Human Rights First reported,

DHS has denied parole requests for many vulnerable asylum seekers, including a Honduran lesbian couple who were raped by Mexican police, a Honduran family with a seven-year-old daughter with cerebral palsy, a homeless Haitian asylum seeker living with HIV, and Mexican LGBTQ+ asylum seekers who were sexually assaulted and beaten in Mexico. Even when CBP officers at ports of entry have granted urgent requests for humanitarian parole, this has often come only after complaints to DHS headquarters – and officers have still refused to parole accompanying family members, leading to family separations.

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

Sector(s): Border-Wide

Agency(ies): DHS

Event Type(s): Denial of Protection to Most Vulnerable, Family Separation, Return of Vulnerable Individuals

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti, Honduras, LGBTQ, Medical Condition, Mexico, Sexual Abuse Victim, Single Adult

Late September 2021

“A Haitian mother expelled in late September 2021 begged U.S. officers to remove her handcuffs to enable her to comfort her crying young daughter on the plane ride,” read a Human Rights First report, citing Blaine Bookey from the U.C. Hastings Center for Gender and Refugee Studies.

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

Sector(s): Border-Wide

Agency(ies): DHS

Event Type(s): Conditions in Custody

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti

September 2021

A Human Rights First report described DHS expulsions of asylum seekers from Haiti, especially following the mid-September arrival of thousands of Haitian migrants in Del Rio, Texas.

DHS detained many of those expelled to Haiti for days in the United States prior to expulsion—undercutting the administration’s claims that the expulsions were being carried out to protect public health—and transported them in shackles on flights to Haiti. DHS officers frequently refuse to tell those being expelled where they are being taken and, in some cases, cruelly lie that the flights are destined for Florida or elsewhere in the United States. Mirlande Joachim, an attorney representing more than a dozen Haitian asylum seekers detained after crossing near Del Rio told Human Rights First that CBP and other DHS officers routinely refused to allow her to speak to her clients and that most were expelled without a fear screening despite her and the clients’ repeated attempts to request them.

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

Sector(s): Border-Wide

Agency(ies): DHS

Event Type(s): Denial of Access to Counsel, Denial of Protection to Most Vulnerable, Lying or Deliberate Misleading

Last Known Accountability Status: Unknown

Victim Classification: Black, Haiti

September, 2021

A report from Human Rights First discussed the separation of a man and his teenage brother from the Ivory Coast.

A 20-year-old asylum seeker from the Ivory Coast was separated by DHS from his 16-year-old brother when they sought protection together at the southern border and subsequently deported in September 2021. The 20-year-old brother received a negative credible fear determination after unfairly being forced to undergo a CFI in French, which was not his best or native language. The 16-year-old brother, who has no other family in the United States, was held in ORR custody while his older brother and only caretaker was detained in Mississippi and Louisiana until his deportation, according to a detention visitation program advocate who spoke with both brothers.

“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: Accompanied Child, Black, Family Unit, Ivory Coast

September, 2021

A report from Human Rights First quoted a Somali asylum seeker who spent weeks in Border Patrol custody, then failed a credible fear interview “despite apparent eligibility for asylum and redesignation of Somalia for TPS”:

“Border Patrol took me to detention . . . it was the worst nightmare that had ever happened to me. They wouldn’t give me a toothbrush for 18 days. It was harsh . . . then I had my credible fear interview around a month later . . . after all that I have gone through, they just give you one interview. After that interview, you are done . . . they deported me in September 2021.”

“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): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Black, Single Adult, Somalia

September 29, 2021

A letter to Justice Department leadership and the DHS Inspector-General from Alliance San Diego alleged that former Border Patrol Chief Rodney Scott, who left his post in August 2021, had violated the Ethics in Government Act.

Scott established a consulting firm in July 2021, while still working for Border Patrol. On September 18, he issued a Facebook request for active-duty CBP and ICE personnel to provide information, possibly including restricted information, “to counter the lies and missinformation [sic.] that the DHS Secretary and Biden officials spew everytime they speak about the border.”

— Andrea Guerrero, “Request for investigation of former U.S. Border Patrol Chief Rodney Scott for violations of the Ethics in Government Act, 18 U.S.C. 207” (San Diego: Alliance San Diego, September 29, 2021) https://www.alliancesd.org/for_immediate_release_request_for_investigation_of_former_u_s_border_patrol_chief_rodney_scott.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Unethical Off-Duty Behavior

Last Known Accountability Status: Unknown

Victim Classification:

September 25, 2021

“Today, while asking me about who I was visiting on my trip, a Border Patrol agent said I was being ‘coy’ with my answers and suggested that it would be possible that I am friends with—I kid you not—Osama Bin Laden,” tweeted Abdallah Fayyad, a member of the Boston Globe’s editorial board. (He may have been referring to an officer of CBP’s Office of Field Operations.)

— Tweet by Abdallah Fayyad @abdallah_fayyad (Twitter: September 25, 2021) https://twitter.com/abdallah_fayyad/status/1441914525310074880.

Sector(s): Border-Wide

Agency(ies): Border Patrol, CBP

Event Type(s): Abusive Language, Racial Discrimination or Profiling

Last Known Accountability Status: Unknown

Victim Classification: Middle Eastern, U.S. Citizen or Resident

September 20, 2021

Politico revealed the existence of a DHS Inspector-General report, which would not be publicly released until October (original link). The report finds that CBP improperly targeted U.S. advocates and journalists whom the agency believed had some involvement with 2018-19 migrant caravans through Mexico. These individuals were subjected to more intrusive inspections when crossing the border into the United States, and “sensitive information” about them was shared with the Mexican government.

An October 11, 2021 article about the report at ProPublica focused on the Tactical Terrorism Response Teams, secretive CBP intelligence units that are “trained in counterterrorism, not immigration issues.” It found, “[A]t least 51 U.S. citizens were flagged for interrogation-often based on evidence as flimsy as once having ridden in a car across the border with someone suspected of aiding the caravan.” The Tactical Terrorism Response Teams were the subject of a September 4, 2021 investigation by The Intercept, which found that they had detained and interrogated 600,000 travelers at ports of entry between 2017 and 2019.

On January 8, 2022, the DHS Inspector-General published a heavily redacted report focusing on CBP’s revocations of “trusted traveler” status for those singled out as under suspicion (original link). Officers, the report concluded, “did not evaluate unsubstantiated information, and made unsupported conclusions” when they revoked the “trusted” status of two U.S. citizens whom they believed were aiding the 2018-19 migrant caravans.

On January 11, 2022, NBC’s San Diego affiliate spoke to a pastor who was suing because CBP officers, believing she was tied to a caravan, requested that the Mexican government deny her entry.

The intelligence episode was the subject of an August 11, 2022 investigation by Palabra, which cites John Sandweg, the former acting director of U.S. Immigration and Customs Enforcement under the Obama administration:

“One of the things CBP needs to be careful about is … they have great discretion to conduct warrantless searches at the border,” Sandweg said. “Stories like this can undermine that authority. The courts start believing this isn’t a tool that’s reserved only for those who are high risk travelers or have a criminal history … you start seeing it’s lawyers and journalists who are only doing their jobs who are getting secondaried 12 times, that’s the kind of thing that gets courts to start eroding the authorities CBP relies on today to stop terrorist from entering the country.”

— Daniel Lippman, “Watchdog: CBP improperly targeted Americans as caravans approached border” (Washington: Politico, September 23, 2021) https://www.politico.com/news/2021/09/23/cbp-americans-caravans-border-513829.

CBP Targeted Americans Associated with the 2018–2019 Migrant Caravan, OIG-21-62 (Washington: DHS Office of the Inspector-General, September 20, 2021) https://www.oig.dhs.gov/sites/default/files/assets/2021-09/OIG-21-62-Sep21.pdf.

— Dara Lind, “A Secretive Counterterrorism Team Interrogated Dozens of Citizens at the Border, Government Report Finds” (Washington: ProPublica, October 11, 2021) https://www.propublica.org/article/a-secretive-counterterrorism-team-interrogated-dozens-of-citizens-at-the-border-government-report-finds.

Trusted Traveler Revocations for Americans Associated with the 2018-2019 Migrant Caravan, OIG-22-13 (Washington: DHS Office of the Inspector-General, January 8, 2022) https://www.oig.dhs.gov/sites/default/files/assets/2022-01/OIG-22-13-Jan22-Redacted.pdf.

— Meredith Royster, Tom Jones, Mari Payton, Alexis Rivas, “CBP Officer Who Asked Mexico to Deny Entry to Some US Citizens Speaks Under Oath” (San Diego: NBC 7 San Diego, January 11, 2022) https://www.nbcsandiego.com/news/investigations/cbp-officer-who-asked-mexico-to-deny-entry-to-some-us-citizens-speaks-under-oath/2835644/.

— Jason Buch, “Bad Intelligence” (Palabra, August 11, 2022) https://www.palabranahj.org/archive/bad-intelligence.

Sector(s): Border-Wide

Agency(ies): CBP, Tactical Terrorism Response Teams

Event Type(s): Intimidation of Humanitarian Workers, Misuse of Intelligence Capability

Last Known Accountability Status: Cleared by DHS OIG

Victim Classification: Advocate or Humanitarian Worker, Journalist, U.S. Citizen or Resident

September 18, 2021

A CBP officer was among those arrested at the small “Justice for January 6” far-right protest in Washington on September 18. “The officer had a gun, but was not on duty at the time of arrest,” reported Nicole Sganga of CBS News.

— “Tweet by Nicole Sganga @NicoleSganga” (Twitter: September 20, 2021) https://twitter.com/NicoleSganga/status/1440029782545092619.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Insubordinate or Highly Politicized Conduct, Unethical Off-Duty Behavior

Last Known Accountability Status: Criminal Charges Pending, Shared with DHS OIG

Victim Classification:

September 4, 2021

The Intercept published information, obtained via a Freedom of Information Act (FOIA) request, about CBP’s Tactical Terrorism Response Teams, which operate at 79 ports of entry. Established in 2015, the teams “consist of CBP officers and Border Patrol agents who work closely with CBP’s National Targeting Center, which gathers and vets intelligence.” Their scope has since expanded beyond counter-terrorism.

The documents show that Tactical Terrorism Response Teams (TTRTs) detained and interrogated more than 600,000 travelers, about a third of them U.S. citizens, between 2017 and 2019. They denied entry to 8,000 foreign travelers and a handful of U.S. citizens.

“Within 100 miles of any U.S. land or coastal boundary, CBP can detain, question, search, and seize property with fewer restrictions than law enforcement in the interior of the country,” the Intercept recalls, adding that there are indications that some of the Tactical Terrorism Response Teams’ targeting has appeared “politically or ideologically motivated.”

Weeks later, starting on September 20, 2021, media outlets would begin reporting on DHS Inspector-General findings about Tactical Terrorism Response Teams’ targeting of activists and journalists during 2018-19 migrant caravans in Mexico.

— Melissa del Bosque, “Secretive CBP Counterterrorism Teams Interrogated 180,000 U.S. Citizens Over Two-Year Period” (Type Investigations, The Intercept, September 4, 2021) https://theintercept.com/2021/09/04/cbp-border-tactical-terrorism-response-teams/.

Sector(s): Border-Wide

Agency(ies): Tactical Terrorism Response Teams

Event Type(s): Misuse of Intelligence Capability

Last Known Accountability Status: Unknown

Victim Classification: U.S. Citizen or Resident

August 2021

“In August 2021,” a Human Rights First report documented, “DHS expelled Cynthia, a 21-year-old pregnant Honduran woman to Mexico, without providing her water or medical attention after she had begged for something to drink and to see a doctor for stomach pain.” The case is mentioned briefly in the Texas Observer, which identified Border Patrol as the expelling agency. At a Catholic migrant shelter in Reynosa, Mexico, “doctors administered antibiotics for Cynthia’s infection.”

— Julia Neusner, Kennji Kizuka, “Illegal and Inhumane”: Biden Administration Continues Embrace of Trump Title 42 Policy as Attacks on People Seeking Refuge Mount (New York: Human Rights First, October 21, 2021) https://www.humanrightsfirst.org/resource/illegal-and-inhumane-biden-administration-continues-embrace-trump-title-42-policy-attacks.

— Arianna Flores, “Border Patrol Ignored Migrants’ Pleas for Medical Help” (Texas: Public Health Watch, The Texas Observer, October 14, 2021) https://www.texasobserver.org/migrants-say-border-patrol-agents-ignored-pleas-for-medical-help/.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Denial of Food or Water, Denial of Medical Care

Last Known Accountability Status: Unknown

Victim Classification: Female, Honduras, Medical Condition, Pregnancy, Single Adult

Early August, 2021

A report from Human Rights First discussed a Honduran asylum-seeking father’s prolonged separation from his family.

In early August 2021, DHS separated a 21-year-old Honduran asylum seeker from his wife and sick baby, who suffers from hydrocephalus and seizures, and detained the man at the Northwest ICE Processing Center in Washington. CBP released the wife and child, who relocated to Virginia to continue their asylum case. The man remained detained one-and-a-half months later, according to the Northwest Immigrant Rights Project.

“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: Family Unit, Honduras, Medical Condition

July, 2021

A report from Human Rights First discussed a Guatemalan asylum-seeking father’s prolonged separation from his family.

In July 2021, DHS separated a Guatemalan asylum seeker from his wife and two young daughters when they tried to request protection together at the U.S. border. The family fled Guatemala after receiving death threats in retaliation for working with the police to enable the arrest of a high-level leader of a powerful gang. According to RAICES, ICE detained the man, who suffers from diabetes, in a Texas detention center, where he nearly fainted because he was not provided with an appropriate diet to meet his medical needs. ICE continued to refuse to release him for months after an immigration judge determined that he has a reasonable fear of persecution.

“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: Family Unit, Guatemala

July 20, 2021

A report from the DHS Office of Inspector-General found that “CBP needs better oversight and policy” to attend to migrants experiencing medical emergencies or illnesses while in the agency’s custody (original link).

Though the agency had created new policies and expanding contracts of medical personnel at its facilities, “CBP could not always demonstrate staff conducted required medical screenings or consistent welfare checks for all 98 individuals whose medical cases we reviewed.” CBP agents and officers, the report found, were not adequately trained to identify medical attention needs.

A September 14, 2021 Inspector General report on the May 2019 in-custody death of a Guatemalan teenager found that Border Patrol agents had faked log entries of welfare checks that were not performed (original link).

CBP Needs to Strengthen Its Oversight and Policy to Better Care for Migrants Needing Medical Attention, Report OIG-21-48 (Washington: DHS Office of Inspector General, July 20, 2021) https://www.oig.dhs.gov/sites/default/files/assets/2021-07/OIG-21-48-Jul21.pdf.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Denial of Medical Care

Last Known Accountability Status: DHS OIG investigation Closed

Victim Classification: Medical Condition

June, 2021

A report from Human Rights First discussed a Brazilian asylum-seeking father’s prolonged separation from his family.

DHS separated a Brazilian asylum seeker from his wife and infant daughter when they sought refuge at the U.S.-Mexico border in June 2021. Even though they had arrived together, ICE sent the man to the Kandiyohi County Jail in Minnesota, where he was detained until September 2021, according to The Advocates for Human Rights. His wife and baby received parole and were allowed to continue to pursue their asylum case in the community.

“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: Brazil, Family Unit

Summer, 2021

A report from Human Rights First discussed the separation of a Cameroonian asylum-seeking man and pregnant wife.

Around summer 2021, DHS separated a Cameroonian man from his pregnant wife when they sought protection at the border. ICE detained the husband at the Aurora Detention Facility in Colorado while detaining the pregnant woman in multiple ICE facilities in Louisiana and Georgia. He was released in July after he established a credible fear of persecution, according to a legal services organization.

“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: Black, Cameroon, Family Unit, Pregnancy

June, 2021

A report from Human Rights First discussed the separation of a Salvadoran man from the rest of his family at the border.

In June 2021, ICE detained a Salvadoran asylum seeker for two months waiting for a fear screening, which he passed. The man had been separated by DHS from his wife, two children, and mother when the family sought protection together at the southern border, according to an attorney who spoke with him.

“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: El Salvador, Family Unit

May, 2021

A report from Human Rights First discussed the separation of an 19-year-old Venezuelan from the rest of her family at the border.

DHS separated a 19-year-old Venezuelan asylum seeker from her parents and younger brother in May 2021, who were paroled into the United States to apply for asylum. ICE then detained her for nearly two months at the Imperial Regional Detention Facility. The family fled Venezuela after the young woman was kidnapped and beaten by Venezuelan government agents and her brother murdered because of the family’s political opposition work. DHS denied a request for parole filed by her attorney in June 2021, according to Adam Howard, who assisted in representing her.

“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: Family Unit, Venezuela

May 24, 2021

Video footage posted to Facebook, cited in a January 6, 2023 letter from three Democratic U.S. Senators to the Departments of Homeland Security and Justice, depicts a Border Patrol agent having a friendly, supportive conversation at a Texas checkpoint with members of a militia group, which the letter identifies as “Veterans on Patrol.” (Original link)

The unidentified Border Patrol agent tells the militia members:

You guys are very effective and a lot of fun. You can’t talk to every agent the way you talk to me. Maybe 90% of the people you can. We’ve got some strange f—ing ducks, man. When you talk about confiscating guns, they’re like [mocking voice] “yeah you should do it.”

The agent appears to accept the militia members’ offer of a memory card with drone footage on it. “I’ll pass this along to the right people,” he says.

“Citizens, I don’t mind anything you guys do,” the agent concludes. “Really, I’m telling you, dude. Whatever you do, man. … Hey, I appreciate it.”

(.mp3 file of audio excerpted from the video)

— “Arizona Southern Border Nightmare.” Dsw74News on Facebook, May 24, 2021. <https://www.facebook.com/DSW74/videos/arizona-southern-border-nightmare/142350517880294/.>

— Markey, Sen. Edward J., Sen. Elizabeth Warren, and Sen. Cory A. Booker. “Senators’ Letter to the Biden Administration on Vigilante Groups at the Southern U.S. Border,” January 6, 2023. <https://www.markey.senate.gov/imo/media/doc/senators_letter_to_the_biden_administration_on_vigilante_groups_at_the_southern_us_border_-_january_2023pdf.pdf>.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Vigilantism Tolerance or Collaboration

Last Known Accountability Status: Unknown

Victim Classification:

April 4, 2021

Three Black CBP officers stationed near the Canadian border in Michigan filed a lawsuit alleging that the agency “routinely targets and harasses” Black travelers. As reported by the Detroit Free Press, the suit pointed out that “nationwide, Black people account for less than 6% of the total CBP workforce of 21,185. More than 62% of employees are white; another 25% are Hispanic.” (The U.S. Census estimated that 13.8 percent of the U.S. population was “Black or African American alone” in 2021.)

— Tresa Baldas, “Customs and Border Protection officer says racism at Michigan-Canada border happens daily: ‘It needs to be exposed’” (Detroit: Detroit Free Press, April 4, 2021 https://www.usatoday.com/story/news/nation/2021/04/04/cbp-officers-lawsuit-racial-profiling-issue-us-canada-border/7076949002/.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Racial Discrimination or Profiling

Last Known Accountability Status: Lawsuit or Claim Filed

Victim Classification: Black

Late February, 2021

A report from Human Rights First discussed the separation of an adult Cuban asylum seeker from his mother in California.

DHS separated a 22-year-old Cuban asylum seeker from his mother in late February 2021 when they entered the United States in California to request protection, detaining him for over three months. Even after he established a credible fear of persecution in late March 2021, ICE continued to detain the young man in the Otay Mesa Detention Center until June 2021. He was released weeks after his attorney at Human Rights First filed 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, 2020

Immigration and Customs Enforcement (ICE) expelled to Guatemala 32 unaccompanied children who had been encountered at the border. The expulsion came hours after U.S. Federal District Judge Emmet Sullivan had ordered a halt to the Trump administration’s practice of expelling unaccompanied children under the Title 42 pandemic order.

On January 19, 2021—the Trump administration’s final day—DHS officials recognized before the court that the expulsion violated Judge Sullivan’s order, “adding that they will begin the process of getting the group back to apply for asylum,” BuzzFeed reported.

— Hamed Aleaziz, “US Officials Admitted They Violated A Court Order When They Expelled 32 Immigrant Children To Guatemala” (United States: BuzzFeed, January 19, 2021) https://www.buzzfeednews.com/article/hamedaleaziz/us-officials-violated-court-order-immigrant-children.

Sector(s): Border-Wide

Agency(ies): DHS, ICE

Event Type(s): Expulsion of Unaccompanied Minor, Inappropriate Deportation, Violation of Court Order

Last Known Accountability Status: Under Judicial Review

Victim Classification: Guatemala, Unaccompanied Child

October 30, 2020

A New York Times, citing “a sharply critical internal email from a senior Border Patrol official,” revealed that U.S. border agencies have been using the Title 42 pandemic expulsion authority to send non-Mexican unaccompanied migrant children alone across the border into Mexico.

“Recently, we have identified several suspected instances where Single Minors (SM) from countries other than Mexico have been expelled via ports of entry rather than referred to ICE Air Operations for expulsion flights,” Border Patrol Assistant Chief Eduardo Sanchez wrote.

This appeared to violate agreements with Mexico for Title 42’s implementation. In addition, the Times explained,

The expulsions put children from countries such as Guatemala, Honduras and El Salvador at risk by sending them with no accompanying adult into a country where they have no family connections. Most appear to have been put, at least at first, into the care of Mexican child welfare authorities, who oversee shelters operated by religious organizations and other private groups.

The number of times non-Mexican children have been expelled alone was not clear, the Times reported:

The human rights organization Women’s Refugee Commission, working with several other advocacy organizations, filed a public records request with Mexican authorities and received data suggesting that at least 208 Central American children had been returned to the custody of Mexican authorities between March 21 and June 5. But the Mexican authorities did not specify how many of the children were traveling alone, and not accompanied by adults.

Title 42 was employed much more frequently during the pandemic’s first eight months to expel unaccompanied non-Mexican children to their home countries by plane. That, the Times noted, involved being

held only briefly in Border Patrol facilities or in hotels before being sent to their home countries, often without any notification to their families ahead of time. Some have had to borrow cellphones when they arrive at airports to look for family members who may be willing to take them in.

— Caitlin Dickerson, “U.S. Expels Migrant Children From Other Countries to Mexico” (New York: The New York Times, October 30, 2020) https://www.nytimes.com/2020/10/30/us/migrant-children-expulsions-mexico.html.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Expulsion of Unaccompanied Minor, Inappropriate Deportation, Return of Vulnerable Individuals

Last Known Accountability Status: Unknown

Victim Classification: El Salvador, Guatemala, Honduras, Unaccompanied Child

August 7, 2020

NBC News reports that career officials at the Department of Homeland Security (DHS) are being sidelined by Trump administration appointees, who are ignoring their input on human rights issues.

The sidelining by the Trump appointees [Acting Secretary Chad Wolf and his deputy, Ken Cuccinelli] is felt acutely in the agency’s Office for Civil Rights and Civil Liberties, or CRCL, where employees hired to field complaints about DHS and review new policies believe they are not being heard, said the two current [DHS] officials, who agreed to speak on condition of anonymity.

In recent months, CRCL has raised concerns about the development of a new use-of-force policy for Customs and Border Protection, the two current officials said, including concerns about the use of chemical deterrents against people trying to damage the wall on the southern U.S. border. But after raising those concerns, the office has yet to hear back on whether agents will be allowed to use chemicals to deter people trying to damage the wall.

According to recent reports, Cuccinelli removed CRCL from its usual role of reviewing the reports from the Office of Intelligence and Analysis, the office recently accused of collecting intelligence on journalists covering the protests in Portland, Oregon.

Sources inside DHS raise concerns to NBC about the Trump administration’s use of Border Patrol agents and other DHS personnel to confront protesters in Portland, Oregon. Nate Snyder, an Obama-era DHS counterterrorism official, tells NBC that Trump “wants his own state-run police force” that can commit “violence against protesters without coordinating with local law enforcement.”

— Julia Ainsley and Laura Strickler, “DHS staffers say Trump appointees Wolf, Cuccinelli ignoring input on protests, immigration policy” (Washington: NBC News, August 7, 2020) https://www.nbcnews.com/politics/immigration/dhs-staffers-say-trump-appointees-wolf-cuccinelli-ignoring-input-protests-n1236040.

Sector(s): Border-Wide

Agency(ies): CBP, DHS

Event Type(s): Crowd Control, Evading Oversight, Insubordinate or Highly Politicized Conduct, Use of Force

Last Known Accountability Status: No Steps Taken

Victim Classification: DHS Employee