172 Records of Alleged Abusive or Improper Conduct in “Tucson”

January 17, 2024

A January 17 Arizona Daily Star report described freezing temperatures and lack of access to basic necessities threatening asylum seekers gathered outdoors along the border, especially in southern Arizona. As many as 1,000 people were reported awaiting processing in the Tohono O’odham Nation lands along the border in the remote desert southwest of Tucson. A majority of the arrivals reported in this region, as cited by the Arizona Daily Star and described by Tohono O’odham Chairman Verlon Jose, are asylum seekers in family units, including young children. 

Since December, aid workers have coordinated daily presence in the Arizona border region, particularly in the context of freezing temperatures and heavy rains, often being the sole providers of food, water, shelter, medical care, and addressing the growing sanitation needs. A volunteer described his experience, “shoveling human excrement into [the] trenches that were dug”. Volunteers were also reportedly transporting asylum seekers experiencing medical emergencies, despite Border Patrol’s threats to arrest them, as volunteers described the lack of response by authorities even in dire situations. 

Volunteers from Southern Arizona humanitarian aid group, No More Deaths, built a make-shift encampment in the desert region east of Sásabe, with tents and a cooking area, and attached tarps to the border wall to create additional shelters from the cold. CBP subsequently placed “cease-and-desist” signs on the tarps, stating it was a safety hazard and interfered with law enforcement and construction crews’ access to the road, as well as obstructed visibility. 

After pressure from aid workers and the Tohono O’odham nation, Customs and Border Protection installed one large, heated tent, portable toilets, and a hand washing station near the San Miguel gate. 

“It’s solely their responsibility to be doing almost everything that we’re currently doing”, stated a humanitarian aid volunteer. 

Bregel, Emily. “Life-Threatening Cold, ‘sanitation Crisis’ for Migrants at Arizona-Mexico Border.” Arizona Daily Star, January 17, 2024. https://tucson.com/news/local/subscriber/arizona-mexico-border-tohono-oodham-asylumseekers-migrants-surge/article_52e4a176-b565-11ee-87a6-67208722eaeb.html.

Sector(s): Border Patrol, CBP, Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Conditions of Arrest or Apprehension, Denial of Protection to Most Vulnerable, Disregard of Public Health, Endangerment

Last Known Accountability Status: Unknown

Victim Classification: Mexico

Mid-July 2023

According to The Intercept, dozens of migrants arriving at the border were being detained outside, amid a record-setting heatwave in Arizona. Two hours west of Tucson, the Ajo Border Patrol Station received an influx of migrants over the course of the week, roughly beginning on July 16th. While the station can process a couple hundred people a day, The Intercept reported that over 1,000 people had been turning themselves in at the border wall.

Although migrants were being detained outside, Border Patrol officials claimed the outside area was only being used for men, and that migrants had access to meals, water, and a large fan. They confirmed that once these migrants were screened, they were transported to other locations for processing. According to CNN’s report, Border Patrol claimed zero migrants had died in their custody since the beginning of the heat wave, despite the influx of arrivals. 

However, The Intercept revealed that officials refused to answer questions regarding how long people were being kept outside, whether or not children were being detained outside, or if the people detained outside were given emergency medical care. Intercept’s report also states that there was not a canopy above the outside area as Border Patrol agents claimed. 
As the heat worsened, many advocates worried about the safety of the migrants One official stated that by failing to provide resources such as proper heating or cooling equipment, it is essentially impossible for agents to abide by regulations of humane treatment. When interviewing agents anonymously for their report, many officials revealed that they were unaware of who signed off for migrants to be held outside. Some agents believed the treatment was “what they get for coming here illegally”, other agents were appalled at the conditions of the outdoor holding pen, and had liability concerns.

Weisfeldt, Sara, and Rosa Flores. “US Customs and Border Protection Sends Resources to Remote Arizona Area after Increase in Migrant Crossings.” CNN, August 5, 2023. https://www.cnn.com/2023/08/05/us/arizona-border-crossing-migrants/index.html.
Sullivan, Eileen. “This Agency Was Created With a Terrorism Focus. Now It Also Has to Care for Migrants.” The New York Times, July 13, 2023, sec. U.S. https://www.nytimes.com/2023/07/13/us/politics/cbp-border-migrants-immigration-el-paso.html.
Devereaux, Ryan. “Border Patrol Violating Court Order Against Inhumane Treatment of Migrants, Officials Say.” The Intercept, August 28, 2023. https://theintercept.com/2023/08/28/border-migrants-arizona-cages/.
Devereaux, Ryan. “Border Patrol Is Caging Migrants Outdoors During Deadly Arizona Heatwave.” The Intercept, July 21, 2023. https://theintercept.com/2023/07/21/arizona-heatwave-border-patrol-migrants/.
Bosque, Melissa del. “Ajo Residents, Activists Protest Inhumane Conditions for Asylum Seekers.” The Border Chronicle, February 23, 2023. https://www.theborderchronicle.com/p/ajo-residents-activists-protest-inhumane.

Sector(s): Border Patrol, Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Single Adult

May 18, 2023

Border Patrol agents shot and killed Raymond Mattia, a 58 year-old member of the Tohono O’odham nation, while Mattia was steps from the front door of his home in the community of Menager’s Dam (also known as Ali Chuk), Arizona. Three agents, part of a group accompanying Tohono O’odham Nation police, fired their weapons at Mattia, striking him “several times,” according to CBP’s May 22, 2023 release about the incident (original link).

The three agents who discharged their weapons, along with seven others, activated their body-worn cameras during the incident. On June 22, 2023, CBP released the body-worn camera footage from four of the ten cameras of agents present at the scene, including those of the three agents who fired at Mattia (original link). (The video contains heavy profanity and graphic violence.)

This was CBP’s third release of body-worn camera footage since the agency began making edited footage public in April 2023. On May 23, DHS announced the publication of a new policy on body-worn cameras for the department’s 80,000 law enforcement personnel (original links: release / policy). The announcement noted that CBP, which has had its own body-worn camera directive since August 2021, had so far issued 7,000 cameras to its workforce (original link).

The body-worn camera video release showed the agents firing rapid volleys of bullets at Mattia. The Pima County Medical Examiner’s autopsy report found that Mattia was hit by nine bullets (original link).

It is not clear why police and agents prioritized Mattia’s residence. CBP’s statement reported that agents arrived at the scene upon the request of the Tohono O’odham Nation Police Department, to respond to a “shots fired” call. CBP’s video presentation plays audio of a call from Tohono O’odham police informing Border Patrol of a report of shots fired in a general area. The call does not name any person or address. As NBC News coverage noted, “It is unclear how agents determined the shots came from Mattia,” if shots had in fact been fired.

Mattia’s relatives, however, have said that Mattia himself called Border Patrol for help, because migrants were passing through his property. Relatives say they know nothing about “shots fired” in the area that evening, and that Mattia “thought the agents were there to respond to his previous call about migrants on his property,” which is not far from the border, NBC reported. A family member told the Intercept that some migrants had entered Mattia’s home demanding to use his phone, and “he just grabbed his hunting knife and scared them off.”

Soon after, Annette Mattia, the victim’s sister and neighbor, told Arizona Public Media that she saw “a bunch of Border Patrol vehicles drive into the yard.”

She grabbed her phone and called her brother. She told him Border Patrol were all over and asked what she should do.

Laughing it off, Raymond said, Just tell them to go away. Annette told him she didn’t want to talk to them as she watched the agents rush toward Raymond’s yard. He said he’d go out and talk to them.

“Next thing you know, I heard all the gunfire,” she says. “I didn’t know if it was him or not. I was shaking. I was scared. I was crying because I had that feeling that they did that to him.”

The body-worn camera footage showed agents in an agitated state as they headed toward Mattia’s residence, where they arrived about a half-hour after the initial call. The footage, NBC remarked, indicated that the agents “knew Mattia and had pinpointed him as the person responsible for firing shots.” As they search for him, one agent refers to Mattia as “this motherf——.”

As the Border Patrol agents and Tohono O’odham police converged on his house, the video shows Mattia coming outside. Tribal police told him to put down his weapon. Mattia complied, lobbing toward the police a sheathed machete or hunting knife, perhaps the one he had brandished at the migrants who had reportedly entered his home.

Border Patrol agents, shouting profanity-filled commands, then ordered Mattia to take his “hands out of his f—ing pocket.” Mattia, complying, abruptly removed his hand, holding an object down and to the right. Three agents, apparently believing the object to be a weapon, immediately opened fire multiple times, and Mattia fell to the ground. The object in Mattia’s hand was a mobile phone.

Unable to detect a pulse in Mattia, the agents initiated CPR and subsequently called for air life medical evacuation. Because of inclement weather, however, evacuation was not available, and Mattia was pronounced dead. Annette Mattia told Arizona Public Media that her brother’s body remained in his front yard for seven hours until the medical examiner arrived. “We just got to say our goodbyes in a bodybag,” she said.

Family members told the Intercept that they are perplexed about why agents decided to zero in on Mattia’s home. “The dispatcher states that they couldn’t pinpoint where the shooting was coming from, but yet, when they are there at the rec center [where the operation began], they’re coming straight to my uncle Ray’s house, with their guns drawn,” said Mattia’s niece, Yvonne Nevarez.

Tohono O’odham land straddles the U.S.-Mexico border, and the Nation has had an uneasy relationship at times with U.S. border law enforcement. Mattia himself appears to have had a complicated past relationship with Border Patrol. Ophelia Rivas, a friend of the victim, told the Arizona Republic that Mattia “was on the community council of the village and would often speak up about Border Patrol abuses.” The Intercept noted that he “had been outspoken against the corruption he saw on the border, including corruption involving border law enforcement.” Amy Juan, a leader of the Tohono O’odham Nation in southern Arizona and northern Sonora, told the Border Chronicle podcast that Mattia had “been vocal, not just now, but in the past and recently, about the activity happening that he’s seen in his community, namely, involving Border Patrol. Corruption, and being involved in illegal activities there.”

Mattia’s family and friends described him as a “law abiding citizen” who was “not an aggressive kind of man.” On an episode of the Border Patrol union-affiliated podcast, however, National Border Patrol Council Vice President Art del Cueto remarked that Mattia had a prior arrest record.

“Raymond called for help and, in turn, was shot down at his doorstep,” read a statement from family members, which alleged that “improper and unprofessional actions of the agencies involved were witnessed by family members present near the crime scene.”

The agents who fired their weapons are currently on leave with pay, as is standard in such use-of-force incidents. CBP reported Mattia’s death “is currently being investigated by the Tohono O’odham Nation Police Department and the Federal Bureau of Investigation (FBI), and is under review by CBP’s Office of Professional Responsibility (OPR).”

Once these investigations conclude, CBP’s National Use of Force Review Board will review the incident and make disciplinary recommendations, if any. In fiscal year 2021, the last year for which data are available, this Review Board and local review boards declined to issue sanctions in 96 percent of the 684 cases they reviewed. Of the other 24 cases, 11 ended up with counseling for the agents involved, and the other 13 remained under investigation or pending action as of April 2022.

“There’ll be an investigation, an assessment of the force used, and we are going to look at tensions in the community,” Gary Restaino, the U.S. Attorney for the District of Arizona, said on June 23. Frank Figliuzzi, a former civil rights supervisor for the FBI in San Francisco, shared with NBC News his belief that the agents may not be disciplined “given that officers were responding to a ‘shots fired call,’ the way Mattia pulled out his phone, and the darkness of the environment, among other factors.”

— “Tucson agents involved in fatal shooting of man, while responding to shots fired call” (U.S. Customs and Border Protection, May 22, 2023) <https://www.cbp.gov/newsroom/speeches-and-statements/tucson-agents-involved-fatal-shooting-man-while-responding-shots>.

— “CBP releases body-worn camera footage from agent-involved shooting on Tohono O’odham Nation” (U.S. Customs and Border Protection, June 22, 2023) <https://www.cbp.gov/newsroom/national-media-release/cbp-releases-body-worn-camera-footage-agent-involved-shooting-0>.

— “Body-Worn Camera Video Releases” (U.S. Customs and Border Protection, 2023) <https://www.cbp.gov/newsroom/accountability-and-transparency/body-worn-camera-video-releases>.

— “DHS Announces First Department-Wide Policy on Body-Worn Cameras” (U.S. Department of Homeland Security, May 23, 2023) <https://www.dhs.gov/news/2023/05/23/dhs-announces-first-department-wide-policy-body-worn-cameras>.

— Alejandro N. Mayorkas, “Department Policy on Body Worn Cameras” (U.S. Department of Homeland Security, May 22, 2023) <https://www.dhs.gov/sites/default/files/2023-05/23_0522_opa_signed-dhs-policy-on-body-worn-cameras-508.pdf>.

— “CBP Directive No.: 4320-030B: Incident-Driven Video Recording Systems” (U.S. Customs and Border Protection, August 6, 2021) <https://www.cbp.gov/sites/default/files/assets/documents/2022-Feb/CBP-Directive-4320-030B-IDVRS-signed-508.pdf>.

— “Autopsy Report for Raymond Mattia.” (Tucson: Pima County Medical Examiner, May 19, 2023.) <https://content.civicplus.com/api/assets/7a5f61dd-df80-4f8e-a519-642d767451aa>.

— Julia Ainsley and Didi Martinez, “CBP releases body camera video of fatal shooting of man on tribal land near Mexican border” (NBC News, June 23, 2023) <https://www.nbcnews.com/news/us-news/cbp-releases-body-camera-video-fatal-shooting-man-tribal-land-mexican-rcna90872>.

— Lupita Murillo, “Tohono O’odham man shot and killed by border patrol” (Tucson: KVOA, May 19, 2023) <https://www.kvoa.com/news/local/tohono-oodham-man-shot-and-killed-by-border-patrol/article_a09cb84e-f6a8-11ed-a078-63d5074703ec.html>.

— Ryan Deveraux, “Border Patrol Video of Killing Shows Native Man Had No Gun, Complied With Orders” (The Intercept, June 26, 2023) <https://theintercept.com/2023/06/26/border-patrol-killing-raymond-mattia/>.

— Danyelle Khmara, “Family of man killed by border patrol want justice for their loved one” (Arizona: Arizona Public Media, May 26, 2023) <https://news.azpm.org/p/news-articles/2023/5/26/216197-family-of-man-killed-by-border-patrol-want-justice-for-their-loved-one/>.

— Todd Miller, “How Border Patrol Occupied the Tohono O’odham Nation” (In These Times, June 12, 2019) <https://inthesetimes.com/article/us-mexico-border-surveillance-tohono-oodham-nation-border-patrol>.

— José Ignacio Castañeda Perez, “‘We want justice’: Family, friends of Tohono O’odham man protest Border Patrol killing” (Arizona: The Arizona Republic, May 27, 2023) <https://www.azcentral.com/story/news/politics/border-issues/2023/05/27/border-patrol-abuses-decried-by-family-of-slain-tohono-oodham-member/70258069007/>.

— Todd Miller, “The Longer Story of the Border Patrol Killing of a Tohono O’odham Man: A Podcast with Amy Juan” (The Border Chronicle, June 15, 2023) <https://www.theborderchronicle.com/p/the-longer-story-of-the-border-patrol>.

— Art Del Cueto, “Episode 463 – The Magic Wand” (The Green Line, May 27, 2023) <https://www.radiogreenline.com/episode-463-the-magic-wand/>.

— Brenda Norrell, “Family of Raymond Mattia, Tohono O’odham Murdered by U.S. Border Patrol, Plans Protests” (IndyBay.org, May 25, 2023) <https://www.indybay.org/newsitems/2023/05/25/18856331.php>.

— José Ignacio Castañeda Perez, “Autopsy: Tohono O’odham man shot 9 times by Border Patrol as death ruled a homicide” (Arizona: The Arizona Republic, June 23, 2023) <https://www.azcentral.com/story/news/politics/border-issues/2023/06/23/border-patrol-shot-tohono-oodham-man-9-times-death-ruled-a-homicide/70351733007/>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Use of Force

Last Known Accountability Status: To be reviewed by Use of Force Review Board, Under FBI Investigation, Under Local Police investigation, Under OPR Investigation

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

Mid-May, 2023

Reporting on May 25, 2023, the Nogales-based Kino Border Initiative (KBI), which maintains a migrant shelter in Nogales, Sonora, stated, “Organized crime and authorities in Mexico and the U.S. strip asylum seekers of their resources on the journey, exacerbating their suffering.”

Among cases cited:

– Admiel [name changed to protect privacy] faced extortion many times after fleeing Venezuela. In Guatemala, the police demanded 600 quetzales ($77 USD). In Mexico City, Mexican immigration agents took 3,200 pesos ($179 USD). After he had turned himself in to US authorities a few weeks ago, Border Patrol took all his clothing and personal hygiene items. 

– After Leonardo [name changed to protect privacy] tried to enter the US, Border Patrol apprehended him and did not return his belongings. In addition to his clothing and cellphone, they took 7,300 pesos ($408 US).

— “May 25 update from KBI” (Nogales: Kino Border Initiative, May 25, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult, Venezuela

Early May, 2023

A June 9 Human Rights First report shared Venezuelan women’s accounts of being “separated by Border Patrol from their respective family groups and/or others they were traveling with after crossing into the United States near Matamoros, Tamaulipas, Mexico during the final days of Title 42.”

A woman seeking asylum from Venezuela, Xóchitl [name changed for privacy], was separated by Border Patrol from her husband, subsequently expelled under Title 42 alone 1200 miles away to Nogales, and struggles to seek asylum in wake of Biden asylum ban:

“[Border Patrol] asked if there were any married couples. We told them we were married and had our legal marriage certificate. We were then separated. I spent four very cold nights in a soft-sided tent without any information on my husband. I was then handcuffed at the wrists, ankles, waist and transported by plane with 200 other women, still not told what was happening or where my husband was. I was then returned through Nogales, Mexico alone with these other women. Only once in Nogales did I hear from my husband. He had been returned back to Matamoros.

It was horrible. The [Border Patrol] officers mocked us. There were many women crying and they [the officers] would laugh. When they boarded us on the plane, we weren’t even told where we were going. They crossed us back to Nogales without giving us any information, not even the name or location of a shelter.”

“Xóchitl’s” husband was later processed for asylum in Brownsville, Texas and paroled into the United States. As of the Human Rights First report’s publication, “Xóchitl, meanwhile remains alone in Nogales. She was waiting in line outside the port for over two weeks.”

— Asencio, Christina. “A Line That Barely Budges.” Human Rights First, June 9, 2023. https://humanrightsfirst.org/library/a-line-that-barely-budges-u-s-limiting-access-to-asylum/.

Sector(s): Rio Grande Valley, Tucson

Agency(ies): Border Patrol

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Married Adults, Venezuela

Early May, 2023

Reporting on May 11, 2023, the Nogales-based Kino Border Initiative (KBI), recounted a case of cruel treatment in custody and deliberately misleading conduct involving an asylum seeker.

Henry [name changed to protect privacy] turned himself in to the Border Patrol, where agents told him he would go to an interview to explain his case to a US official. However, that never happened and on the day of his expulsion, CBP agents handcuffed him at the hands, waist, and feet. The handcuffs were too tight and multiple people asked for them to be loosened, but the agents ignored him. “I never in my life have been treated like that: I never thought I’d be treated like a criminal upon arriving in the US,” Henry said. He arrived at KBI the day after his expulsion and still had indentations on his wrists from the handcuffs.

— “May 11 update from KBI” (Nogales: Kino Border Initiative, May 11, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Lying or Deliberate Misleading

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Early May, 2023

Reporting on May 11, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case of family separation in Border Patrol custody.

Esme [name changed to protect privacy] fled southern Mexico with her sister and nephew. Esme’s sister has a disability that impedes her communication and comprehension. When they turned themselves into Border Patrol, the agents separated Esme from her sister and nephew, despite the legal document she had naming her as her sister’s legal guardian. CBP immediately expelled Esme while her sister and nephew remained detained. However, Esme’s sister did not have the contact information of her brother who would receive them in the US. Agents said if they couldn’t find family members in the US, they would remove her son to process him as an unaccompanied minor. Upon hearing they would be separated, her 9 year old son started crying and they asked to be expelled back to Mexico to remain together.

— “May 11 update from KBI” (Nogales: Kino Border Initiative, May 11, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Disability, Family Unit, Mexico

Early May, 2023

Reporting on May 11, 2023, the Nogales-based Kino Border Initiative (KBI), stated “CBP consistently perpetuates abuses, including throwing away migrants’ religious items and personal belongings and separating families.”

Among cases cited:

Armando [name changed to protect privacy] turned himself into the Border Patrol, where agents took his shoes, wallet with $55 USD and 200 Mexican pesos and his Bible. An agent threw away the Bible that had sustained him in his journey from Venezuela in the trash can in front of him.

— “May 11 update from KBI” (Nogales: Kino Border Initiative, May 11, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Confiscation of Documents, Non-Return of Belongings, Religious Freedom Violation

Last Known Accountability Status: Unknown

Victim Classification: Single Adult, Venezuela

Late April, 2023

Reporting on April 27, 2023, the Nogales-based Kino Border Initiative (KBI) stated that, “Multiple expelled asylum seekers detained near El Paso and expelled to Nogales reported that BP confiscated original identification documents and essential medication.”

Among cases cited:

– BP officers threw away Ramon’s [name changed to protect privacy] belongings, including his diabetes medication. 

– BP agents verbally abused Jaime [name changed to protect privacy], saying that Venezuelans have no right to be in the US and that the problems in Venezuela are not their problem. A BP agent confiscated his cellphone, earbuds, money, and Venezuelan ID. He took the ID and cut it in half with scissors in front of Jaime.

– BP agents confiscated all of Paulina’s [name changed to protect privacy] personal property. When BP was transporting them to Nogales for expulsion, they began calling names to return property. They never called Paulina’s name and she told them she needed her Venezuelan ID back. The agents separated her and 3 others who were asking for their IDs back and threatened them, saying “you’re going to jail for making false accusations against an agent.” The agent continued: “I’m going to strip search and send you to jail.” They transported Paulina and the 3 others back to Tucson, where luckily, BP still had their IDs.

“April 27 update from KBI” (Nogales: Kino Border Initiative, April 27, 2023).

Sector(s): El Paso, Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Confiscation of Documents, Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Late April, 2023

Reporting on April 27, 2023, the Nogales-based Kino Border Initiative (KBI), which maintains a migrant shelter in Nogales, Sonora, stated, “Similar to reports Kino documented from people who were laterally expelled to Nogales, MX in 2021, expelled asylum seekers reported many common abuses, such as Border Patrol agents throwing away all their clothing, handcuffing them at the feet, waist and hands for hours at a time, denying basic hygiene items and access to showers for up to a week, and misleading them to believe they were going to see an immigration judge, only to be expelled through another part of the border.”

Among cases cited:

– Briseida [name changed to protect privacy] turned herself in to BP. She was detained for 5 days. She asked to be able to shower because she was menstruating, but the BP agent did not allow her to shower. She also requested sanitary pads, which they never provided to her.

– After turning himself in to BP, Jair [name changed to protect privacy] was detained for 10 days. He was only allowed to shower 1 time and he was never allowed to brush his teeth.

– Olivia [name changed to protect privacy] was detained for 5 days, during which she was allowed to shower only 1 time. She only had the clothes she was wearing when she arrived, as they took away all her other clothing. They confiscated the underwear she was wearing and gave her a pair of underwear that was too small. She had to rip them to be able to wear them. She was never allowed to make a phone call while she was detained, not even to let her family members know she was alive. BP put her on a plane and she could not eat or drink anything on the plane because she was chained at the hands, waist and feet the entire time.

— “April 27 update from KBI” (Nogales: Kino Border Initiative, April 27, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Disregard of Public Health, Gender-Based Harm or Violence

Last Known Accountability Status: Unknown

Victim Classification: Female, Single Adult

Late April, 2023

Reporting on April 27, 2023, the Nogales-based Kino Border Initiative (KBI) stated:

“After false reports circulated on social media and Breitbart News that the US government was no longer expelling Venezuelan nationals to Mexico under Title 42, approximately 1500 asylum seekers turned themselves in to Border Patrol in El Paso, TX to seek protection in the US. Over the past 2 weeks, KBI received 170 Venezuelan nationals flown from El Paso, many of whom were separated from their family members in the process. KBI is aware of 7 couples that were able to reunite in our center. In at least 4 cases, asylum seekers expelled to Nogales had to wait for 7 days to hear from their significant others, who were expelled in places such as Matamoros, Tijuana, and Mexicali.”

Among cases cited:

– Johnny [name changed to protect privacy] left the Venezuelan military after serving for 10 years. He commented on years of having to repress people’s rights: “I had to silence my people’s protests, but I could no longer silence my conscience.” He fled to Peru, where Venezuelan military officers came to search for him, and then to Chile, where they pursued him again. Johnny, his brother and his nephew turned themselves in to Border Patrol in El Paso. The agents refused to listen to Johnny’s asylum case and expelled him, while they processed his brother and nephew into the US.

– Upon turning himself in to Border Patrol, Emanuel [name changed to protect privacy] and his wife were separated. CBP expelled Emanuel in Tijuana and his wife in Nogales. Nearly 500 miles away from his wife and without any money to pay for the $2,800 MX ($154 USD) journey to Nogales, Emanuel rode on top of a cargo train to reunite with his wife. While on the train, he witnessed the kidnapping of another man by a prominent cartel.

– Paulina [name changed to protect privacy] turned herself in to Border Patrol along with her aunt, uncle and cousins. CBP separated Paulina and her aunt from the rest of their family and expelled the 2 of them to Nogales. Paulina’s cousin suffers from a chronic illness and upon turning themselves in, CBP transported him to a hospital in El Paso, Texas. They heard from him because he was allowed to keep his phone while in the hospital, but they are very worried for his health because he was diagnosed with pneumonia and they are going to put him on dialysis. They still do not know where her uncle is.

— “April 27 update from KBI” (Nogales: Kino Border Initiative, April 27, 2023).

Sector(s): El Paso, Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Access to Asylum, Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Single Adult, Venezuela

Mid-April 2023

Reporting on April 27th, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “Over the past 2 weeks, KBI received reports that BP expelled 21 asylum seekers at night, at 8 pm or later, including as late as 2 am. Thirteen people reported they had to sleep outside on the street because they were deported too late to find a shelter.”

Among cases cited:

– BP expelled Yadir [name changed to protect privacy] to Nogales at 9 pm along with about 40 others. They all had to sleep outside in the plaza.

– BP expelled Osman [name changed to protect privacy] to Nogales at 9:30 pm. He had to sleep on the street and he was very cold because BP had thrown away all of his clothing, leaving him with only what he had on his back.

– BP expelled German [name changed to protect privacy] to Nogales at 9 pm. Mexican Immigration agents told him he could sleep on the sidewalk outside the Mexican immigration office.

— “April 27 update from KBI” (Nogales: Kino Border Initiative, April 27, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Early March, 2023

Reporting on March 2, 2023, the Nogales-based Kino Border Initiative (KBI), stated, “The CBPOne application is currently the sole way to access the asylum process in the US. The extremely limited number of appointments and the myriad technology and accessibility challenges in accessing them (outlined in the Strauss Center’s February Asylum Processing Report) has led to irregular crossing, kidnapping, family separation and danger for families forced to wait in Mexico when they are unable to access an appointment on the app.”

Among cases cited:

Jaime, [name changed to protect privacy] his wife and his son fled Venezuela and arrived in Piedras Negras, Coahuila. There, they were able to schedule an appointment through CBPOne, but the only available appointment was in San Ysidro, Baja California, over 1200 miles away. While traveling to San Ysidro by bus, the entire family was kidnapped, tortured and extorted by a criminal group. The people who boarded the bus identified themselves as Mexican immigration agents, and after asking Jaime and his family where they were from, told them they needed to get off the bus so they could check their documents. These supposed immigration agents brought them to a house, where they were held for 20 days, extorted and tortured. One night at 3 am, they were blindfolded, put in a truck and taken to the border wall. They said they had to walk and cross and if they tried to come back they would kill them. Once they crossed, they called 911 and explained what happened. BP arrived and they explained that they had been kidnapped, had missed their CBPOne appt while being held hostage, and were forced to cross. The agent responded that really they were the criminals because they had crossed illegally. A few hours later, BP expelled them to Nogales, Mexico. 

“March 2 update from KBI” (Nogales: Kino Border Initiative, March 2, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Denial of Protection to Most Vulnerable, Endangerment

Last Known Accountability Status: Unknown

Victim Classification: Family Unit

Late February, 2023

Reporting on March 2, 2023,  the Nogales-based Kino Border Initiative (KBI), which maintains a migrant shelter in Nogales, Sonora, stated, “Over the past 2 weeks, 73 people (16% of new arrivals) reported experiencing abuse by authorities or criminal actors in transit countries, including Mexico. This pattern of abuse illustrates that policies that force asylum seekers to wait or seek protection in transit countries, such as the proposed asylum ban, do not provide people with adequate access to safety.”

Among cases cited:

Wilhelmina [name changed to protect privacy] fled Venezuela after her parents were killed. She left with her 2 children and her cousin, who is a trans woman. In early February, they were all kidnapped in a Mexican border city and Wilhelmina’s cousin was raped by their captors. Wilhemina escaped with her children and they turned themselves into BP. BP took away all their clothing and expelled them back to the same city where they had been kidnapped. She has not heard from her cousin since February 8, 2023.

“March 2 update from KBI” (Nogales: Kino Border Initiative, March 2, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Endangerment

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Female, LGBTQ

Mid February, 2023

Reporting on February 16, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case of family separation due to a scarcity in CBP One appointments.

Tomas [name changed to protect privacy] fled the Dominican Republic and after trying many times, was able to get an appointment through CBPOne for himself. However, he was not able to add his children to his appointment and when he and his family arrived at the port of entry, the officials said, “If you’re going to enter, you have to enter alone and leave your kids behind.”

“February 16 update from KBI” (Nogales: Kino Border Initiative, February 16, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Family Unit

Mid February, 2023

Reporting on February 16, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “The application CBPOne continues to impose disparities in access to the asylum process, privileging those with financial resources, higher levels of education and those who happened to get an appointment the first day the process was opened in January and DHS released a larger number of appointments.”

Among cases cited:

Olivia [name changed to protect privacy] fled death threats in Guatemala. After having paid 10,000 quetzales (nearly $1,300 dollars) for the journey, Border Patrol expelled her to Nogales. She is in her 60s and does not know how to use technology; further, the phone she has does not have the capability to download applications. 

“February 16 update from KBI” (Nogales: Kino Border Initiative, February 16, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status:

Victim Classification: Single Adult

Mid February, 2023

Reporting on February 16, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “The parole processes for Cubans, Haitians, Nicaraguans and Venezuelans has many eligibility requirements which make it extremely difficult for people who are fleeing their countries to access.”

Among cases cited:

Norma [name changed to protect privacy] fled Venezuela after having participated in marches opposing the government. She had to return to the country to attempt to renew her passport, but the government refused to renew it. She had to cross the Darien Gap and faced numerous abuses in Mexico. After the cartels stopped the bus she was on and forced all the non-Mexican passengers off, they robbed and beat her. She turned herself into the BP but they expelled her back to Mexico. 

“February 16 update from KBI” (Nogales: Kino Border Initiative, February 16, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Endangerment

Last Known Accountability Status: Unknown

Victim Classification: Female, Single Adult

Mid-February

Reporting on March 2, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case of family separation resulting from CBP One appointment scarcity.

In mid-February 2023, Jesús [name changed to protect privacy], Rosa [name changed to protect privacy] and their 2 kids approached the port of entry with a CBPOne appointment. The application would only allow the family to list Jesús and Rosa and would not permit them to add their 2 children, ages 4 and 6, to the same appointment. The CBP agent at the Nogales POE said the children could not be admitted because they were not registered, and if Jesús and Rosa wanted to keep their appointment, they would have to cross and leave their children behind. Jesús asked if he and his son could cross together instead, so that Rosa would only have to try to secure an appointment for 2 people, rather than 4 if they all stayed. The official aggressively responded that he could not. As they tried to figure out what to do, CBP officials said if they didn’t vacate the premises they were going to call the Mexican police to remove them. Jesús finally decided he would cross alone, so that he could find a way to support his family, figuring it would be slightly easier for Rosa to secure 3 appointments. After informing the officer of his decision, the officer asked Jesús, “Are you really going to leave your family all alone?” As a result of these obstacles to seeking asylum as a family unit, Jesús and his family decided he would cross alone. 

“March 2 update from KBI” (Nogales: Kino Border Initiative, March 2, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit

February 7, 2023

Reporting on February 16, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case from February 7, where they “received a group of 20 people from Ecuador, including women and children, who DHS had expelled to Mexico under Title 42, despite the fact that Ecuador is not a country subject to Title 42. Various expelled Ecuadorians showed Kino staff the papers that BP had given them, describing the parole program for Cubans, Haitians, Nicarguans and Venezuelans.”

Among cases cited:

Yliana [name changed to protect privacy] said that the BP agents told them, “I don’t give a **** why you came here- the Ecuadorians go to Mexico” before expelling the group to Nogales, Sonora, Mexico.

“February 16 update from KBI” (Nogales: Kino Border Initiative, February 16, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Ecuador, Female, Single Adult

February 7, 2023

Reporting on February 16, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case of confiscation of personal belongings, including medication and baby formula before being expelled to Mexico under Title 42.

Jazmin [name changed to protect privacy] said that BP confiscated their belongings and threw away medication, baby formula and diapers. Jazmin and her family were deported without diapers or formula for her youngest son and they had to find people who would give them these items for free, as they did not have any money.

“February 16 update from KBI” (Nogales: Kino Border Initiative, February 16, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Protection to Most Vulnerable, Disregard of Public Health, Inappropriate Deportation, Non-Return of Belongings

Last Known Accountability Status:

Victim Classification: Ecuador, Family Unit, Female

Late January, 2023

Reporting on February 2, 2023, the Nogales-based Kino Border Initiative (KBI), which maintains a migrant shelter in Nogales, Sonora, stated, “Over the past 2 weeks, 5 people reported being expelled or deported between 10 pm and 5 am, most of whom had to sleep on the street.”

— “Early February Update on Asylum, Border, and Deportations from KBI” (Nogales: Kino Border Initiative, February 2, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Last Known Accountability Status: Unknown

Victim Classification:

Late January, 2023

Reporting on February 2, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case of family separation in Border Patrol custody.

Emelia [name changed to protect privacy] was traveling with her 6 year old granddaughter who suffers from epilepsy and needs to be reunited with her mother who lives in the US. Although Emelia had a notarized letter giving her permission to travel with her granddaughter as well as her medical diagnosis, BP [Border Patrol] separated her from her granddaughter, who wears a diaper and doesn’t verbally communicate due to her disability.

— “Early February Update on Asylum, Border, and Deportations from KBI” (Nogales: Kino Border Initiative, February 2, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Disability, Family Unit

January 13, 2023

A male citizen of Mexico died on January 13 in the back of a Border Patrol vehicle that was transporting him, handcuffed, from a remote Arizona location to a hospital.

A long narrative that CBP published on February 27 relates that the man was taken first from the field to a Border Patrol operating base, then to the Border Patrol’s Ajo Station in Why, Arizona, then to the Abrazo Buckeye Emergency Medical Center in Buckeye, Arizona. (Original link) It was during the last leg of the trip that the man passed away. “Upon arrival at the ambulance entrance, one of the agents attempted to wake the man to no avail.”

The CBP release narrates that the deceased man at one point “began to kick the interior of the USBP vehicle,” and later was “acting in a combative and agitated manner while sitting in the back seat.” He had “sustained an injury to his left ankle while attempting to elude apprehension,” and agents “suspected the man’s behavior may be related to the ingestion of drugs.”

“The Maricopa County Medical Examiner’s Office performed an autopsy on January 15, 2023,” the release reads. “The final cause and manner of death are pending further investigation including toxicology testing.”

The Arizona Daily Star appeared to have identified the deceased man:

One pending autopsy case at the Maricopa County Medical Examiner’s Office says a man named Martin Peraza-Perez, 34, was in Border Patrol custody the day he died on Jan. 13.

A man with that same name and age was convicted of unauthorized re-entry into the country on or around July 25, 2022. He had been previously removed from the country three times and had also been convicted in Maricopa County Superior Court on a 2013 felony of marijuana transport and/or sale, according to a complaint in the case.

CBP’s Office of Professional Responsibility (OPR) is investigating the incident, and the DHS Office of Inspector-General was notified. “Additionally, CBP’s Office of the Chief Medical Officer and an independent clinician will be conducting a mortality review of this incident.”

— U.S. Customs and Border Protection. “Man Apprehended in Remote Arizona Location Pronounced Deceased,” February 27, 2023. <https://www.cbp.gov/newsroom/speeches-and-statements/man-apprehended-remote-arizona-location-pronounced-deceased>.

— Khmara, Danyelle. “Migrant Dies in Border Patrol Custody in Southern Arizona.” Arizona Daily Star. March 1, 2023. <https://tucson.com/news/local/border/migrant-dies-in-border-patrol-custody-in-southern-arizona/article_1dcb3a1c-b864-11ed-8bba-e30f6a8b3078.html>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension

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

Victim Classification: Mexico, Single Adult

Late December, 2022

Reporting on January 5, 2023, the Nogales-based Kino Border Initiative (KBI) recounted CBP’s repeated use of Title 42 to expel a Venezuelan mother and child who had been kidnapped in Mexico.

Reina [name changed to protect privacy] fled Venezuela to save herself and her son after her husband and brother were killed. In Mexico, the mafia forced them off of the bus they were traveling on and kidnapped them for 15 days until her niece in the US could pay the ransom fee. They have tried twice to cross into the US and CBP expelled them twice, which puts them in danger of the mafia targeting them yet again.

— “January 5th Update from KBI” (Nogales: Kino Border Initiative, January 5, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Denial of Protection to Most Vulnerable

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Kidnap Victim, Venezuela

Late December, 2022

Reporting on January 5, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “Kino continues to receive many reports of abuse by Border Patrol and ICE. Over the past 3 weeks, Kino received 10 reports of night-time expulsions between 12 and 5 am.”

Over the past 3 weeks, 5 people reported having to sleep on the street due to being deported between 1 and 4 am.

Uriel [name changed to protect privacy] was deported at 1 am and slept on the street outside the Mexican Immigration Institute in the cold until Grupos Beta (the humanitarian arm of Mexican immigration) could help him in the morning.

— “January 5th Update from KBI” (Nogales: Kino Border Initiative, January 5, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Last Known Accountability Status: Unknown

Victim Classification: Single Adult