3 Records of Alleged Abusive or Improper Conduct in “Tucson Field Office” where the victim classification is “Black”

January 6, 2022

The Kino Border Initiative reported on recent cases of expulsions into Mexico of particularly vulnerable migrants who do not speak Spanish:

Sixteen percent of those arriving at KBI in the last two weeks of December originally migrated from Haiti. Several of the Haitian families could not respond to simple questions in Spanish without the assistance of an interpreter. In some cases, one individual from the group spoke enough Spanish to interpret for others who did not speak Spanish. One young Haitian woman described experiencing discrimination during their journey north. She reported that her family was extorted in every country they traveled through, including members of the Mexican National Guard who stopped them in southern Mexico, opened up their backpacks, and took whatever they wanted.

Numerous indigenous families from Guatemala have been expelled to Nogales under Title 42, putting them at particular risk of discrimination in Mexico due to language barriers and cultural differences. A Guatemalan family whose primary language is Mam was expelled last week after attempting to cross into the US to seek asylum, as was a Guatemalan man whose primary language is Cakchiquel.

— “January 6 Update from KBI” (Nogales: Kino Border Initiative, January 6, 2021)

Sector(s): Tucson Field Office

Agency(ies): CBP, Office of Field Operations

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

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

Victim Classification: Black, Family Unit, Guatemala, Haiti, Indigenous

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

Mid-June, 2021

The Kino Border Initiative reported about the separation of a Honduran Garífuna family whose asylum claim had gained an exception to the Title 42 expulsion policy:

Last week, a Honduran father of 5 whose wife is 3 months pregnant was detained by ICE as he and his family were processed through the consortium process at the downtown Nogales port of entry. The father does not have any criminal history in the US, and Spanish is the family’s second language, as they are part of the Garífuna indigenous community in Honduras.

As the mother shared in her testimony at the interfaith #SaveAsylum event this week, when the father was separated from his family, the CBP officer assured his wife that he would only be detained a day or two, but he has now been separated from his family for over a week.

His wife, who is stranded waiting for her husband’s release at a shelter in Tucson with their 5 children, attempted to set an appointment to visit her husband at La Palma, but was unable to do so because the visitation phone system is all in English. She has not received any clarity about when her husband will be released, and a week after his detention had not been able to make any contact since she does not have money to put in his commissary.

— “June 24 Update From KBI” (Nogales: Kino Border Initiative, June 24, 2021).

Sector(s): Tucson Field Office

Agency(ies): ICE, Office of Field Operations

Event Type(s): Family Separation, Lying or Deliberate Misleading

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

Victim Classification: Black, Family Unit, Honduras, Indigenous