2 Records of Alleged Abusive or Improper Conduct in “Tucson Field Office” where the event type is “Use of Force”

June 16, 2021

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

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

KBI filed a June 24, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed “saying they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson, Tucson Field Office

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

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

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

Victim Classification: Black, Jamaica, Single Adult

May 16, 2021

A report from the Kino Border Initiative (KBI) and NETWORK reported a Mexican asylum seeker’s allegations that CBP used violence during one of his several unsuccessful attempts to ask for protection at a Nogales, Arizona port of entry.

A Mexican man presented himself at the DeConcini Port of Entry seeking asylum several times over a period of two days. He received threats that made him believe his life was in danger and even survived an attempted kidnapping in Nogales.

On May 16, he ran toward the port of entry, near where cars were crossing because he was afraid of his pursuers. CBP officers apprehended him there. He was punched, kicked, and beaten by about twelve officers. He told them that he wanted asylum because there were people in Mexico who were trying to kill him. CBP did not give him an opportunity to talk to anyone else and he was immediately expelled back to Mexico.

CBP called the Mexican police, who never came. They then called the Mexican Red Cross to take him to the General Hospital of Nogales in Sonora. The hospital did not take care of his wounds.

When released from the hospital, he tried again to enter the United States at the port of entry because people were following him. He tried asking for asylum to the 9 agents who detained him. However, the agents told him he had no right to be in the United States and asked him to be silent. The agents then took him to a room and questioned him but did not ask him about asylum. He was then expelled back to Mexico again.

KBI filed a May 25, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On June 2, CRCL emailed that “they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

Due Process Denied (United States: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, August 2021) https://networklobby.org/wp-content/uploads/2021/08/KINO-NETWORK-CBP-Abuses-consolidated.pdf.

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

Event Type(s): Denial of Protection to Most Vulnerable, Use of Force

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

Victim Classification: Kidnap Victim, Mexico, Single Adult