28 Records of Alleged Abusive or Improper Conduct where the victim classification is “Accompanied Child”

May 11, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed a Guatemalan asylum seeker’s separation from her brother and inability to request asylum while in Border Patrol custody in Arizona.

A Guatemalan woman traveling with her son and brother were detained by Border Patrol once they entered the United States and processed at an open-air border facility. At the open-air facility, they did not ask them why they were in the US or give them a chance to claim asylum.

There, she was separated from her brother. She was told this was because he was a minor and not her son. She told the agent she had a power of attorney paper signed by her mother to care for her brother and presented the papers. They didn’t accept the papers.

They transferred them to Tucson. The three of them had fled Guatemala because of the murder of family members. In the Tucson facility, she could see her brother detained separately with the other minors. That was the last time she saw her brother as of the time this complaint was filed.

At the Tucson facility, she told an agent she was afraid to return to Guatemala and she tried to show documentation of violence, the death certificates of her family members killed by organized crime. The CBP agent told her that her documents were likely fake because she comes from a “corrupt” country. In addition, the CBP agents said that every day, immigrants come to the facility with this type of paperwork. She tried to persuade him to look up the names of the murders online so he could see she was telling him the truth and the documents were real. He did not. She and her son were expelled to Nogales, Sonora.

KBI filed a May 19, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On June 1, 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

Agency(ies): Border Patrol

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

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

Victim Classification: Accompanied Child, Family Unit, Guatemala

April 23, 2021

A November 21, 2022 report from the Texas Observer recounted Border Patrol agents’ separation of Raquel Andrade, a citizen of Honduras, from her 8-year-old grandson Joseph Mejía in Hidalgo, Texas. Joseph “had lived with his grandmother in San Pedro Sula since the murder of both his parents when he was an infant.”

Andrade did not receive the warm welcome she had imagined for her grandson, who calls her “mom.” Instead, she said Border Patrol agents accused her of “stealing” Joseph.

Andrade presented birth certificates to prove her relationship with her grandson, death certificates and media reports to document his parents’ murder, and school documents showing that she is his guardian. But the Border Patrol agent didn’t care, she said.

“They told me that the child was staying with them, and I said, ‘No, you have to deport me with him,’” she recalled. “He started to cry, and he hugged me, but they practically took him from me by force.”

After desperately begging officials to keep her and Joseph together, she realized her pleas were being ignored. So she turned to Joseph and prayed for the best.

“Papi, in the name of Jesus, nothing bad is going to happen to you,” she told him.

Andrade was sent to Mexico. Days later, she was back in Honduras. She didn’t know where Joseph was.

Joseph spent three months in an ORR shelter before opting to return to Honduras. During his time in custody, communication with his grandmother in Honduras “was sparse. They would usually talk on the phone once every eight days. But, Andrade recalled, when Joseph didn’t do his chores, like making his bed, sometimes officials would punish him by not allowing him to call his grandmother.”

— Brigida, Anna-Catherine, and John Washington. “Biden Is Still Separating Immigrant Kids From Their Families.” The Texas Observer, November 21, 2022. <https://www.texasobserver.org/the-biden-administration-is-still-separating-kids-from-their-families/>.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Family Unit, Honduras

September 2020

Reporting in September 2022, the Nogales-based Kino Border Initiative (KBI) related a father’s prolonged inability to reunite with two daughters.

Miguel [name changed to protect privacy] and his 2 daughters arrived in Nogales in January of 2020, when asylum seekers faced “metering.” When it was almost his family’s turn to cross and start their asylum process, the government implemented Title 42, meaning Miguel and his family would have to wait indefinitely for the ability to seek asylum. They waited 8 months and Miguel then made the impossible decision to send his daughters on without him, ages 8 and 1. He tried to cross to the US to reunite with them 3 times, but CBP expelled him each time and detained him for 30 days for en-entry on his last attempt. He has yet to be able to reunite with his daughters.

— “September 15 update from KBI” (Nogales: Kino Border Initiative, September 15, 2022).

Sector(s): Tucson

Agency(ies): CBP

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Family Unit