43 Records of Alleged Abusive or Improper Conduct where the event type is “Denial of Protection to Most Vulnerable” where the victim classification is “Family Unit”

August 1, 2022

Data obtained by the Cato Institute show that, since the COVID-19 pandemic began, CBP personnel have used the Title 42 health provision to expel thousands of families with toddlers and babies into Mexico in the post-midnight hours, despite safety risks. The statistics “show that as of May 31, CBP had used its Title 42 ‘health’ authority to expel 30,806 children ages 3 and under—with about 41 percent of these expulsions occurring at midnight or later,” noted a blog post from Cato’s associate director of immigration studies, David Bier.

Under normal circumstances, CBP’s repatriation agreements with Mexico prohibit removals to Mexican border towns between 10:00 PM and 5:00 AM, except under emergency circumstances. Title 42 expulsions have occurred without regard to these repatriation restrictions. “The Biden Administration is actually expelling more children at night than even the Trump Administration did,” Cato noted.

— David J. Bier, “CBP Is Expelling Thousands of Infants and Toddlers to Mexico After Midnight” (Washington: Cato at Liberty, August 1, 2022) https://www.cato.org/blog/cbp-expelling-thousands-infants-toddlers-mexico-after-midnight.

Sector(s): Border-Wide

Agency(ies): CBP

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

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Family Unit

Mid-July, 2022

Though a May 23, 2022 District of Columbia Circuit Court of Appeals ruling prohibited CBP personnel from using Title 42 to expel asylum-seeking families to places where they will be persecuted or tortured (original link), the practice continues.

The Nogales, Arizona-based Kino Border Initiative (KBI) reported the case of a Guatemalan family that was separated in Border Patrol custody after being denied a chance to ask for asylum:

Maribel [name changed to protect privacy], her husband and their 6-month-old baby fled Guatemala and presented themselves to Border Patrol near Sasabe, AZ to request asylum. The BP agent told them they would have a chance to ask for asylum later, but they were never given an opportunity to explain their situation. Instead, they were transported to Tucson, where they separated Maribel and her child from her husband, putting them in different buses to expel them to Mexico. The men’s bus arrived in Nogales first, and the non-Mexicans were detained by Mexico’s INM, to be transferred to their immigration station in Hermosillo. When Maribel arrived, she was told they could not transport her to Hermosillo, as her baby was sick. Maribel has not heard from her husband since.  Maribel’s expulsion under Title 42 led to family separation by Mexican authorities, putting her in a more vulnerable situation and creating repeated human rights violations.

— “July 21 update from KBI” (Nogales: Kino Border Initiative, July 21, 2022).

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, Guatemala

Mid-July, 2022

Though a May 23, 2022 District of Columbia Circuit Court of Appeals ruling prohibited CBP personnel from using Title 42 to expel asylum-seeking families to places where they will be persecuted or tortured (original link), the practice continues. The Nogales, Arizona-based Kino Border Initiative (KBI) reported the case of a Guatemalan mother and children expelled to Mexico without a chance to seek protection in the United States.

After fleeing Guatemala, Belinda [name changed to protect privacy] and her 3 children asked CBP for access to the asylum process. The agents responded that they would be able to stay in the US and reunite with their family there, but instead, boarded them on a bus to deport them to Mexico. After arriving at the INM (National Migration Institute of Mexico), Belinda begged the officials not to deport her to Guatemala where she would face danger. The migration officer sent 45 people to Hermosillo to begin their deportation, but allowed Belinda to stay, a chance use of discretion that allowed Belinda to narrowly escape a return to danger.

— “July 21 update from KBI” (Nogales: Kino Border Initiative, July 21, 2022).

Sector(s): Tucson

Agency(ies): CBP

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

Last Known Accountability Status:

Victim Classification: Family Unit, Guatemala

Mid-June, 2022

Though a May 23, 2022 District of Columbia Circuit Court of Appeals ruling prohibited CBP personnel from using Title 42 to expel asylum-seeking families to places where they will be persecuted or tortured (original link), the practice continues, the Nogales, Arizona-based Kino Border Initiative (KBI) reports.

* Pablo [name changed to protect privacy], a Nicaraguan man traveling with his daughter to escape political persecution in their country, crossed into the US last week to seek asylum. Border Patrol threw away their toiletries, food and other personal items, and expelled them to Nogales, Sonora without a fear assessment. Pablo was not given the chance to speak about his case to anyone. 

* Deysi left Guatemala with her six-year-old daughter about a month ago. Her mother was brutally murdered in her hometown, and the rest of her family members have already fled to the US since her mother’s death. She and her daughter attempted to cross into the US to seek asylum and were quickly detained by Border Patrol. They took down her biographical information and fingerprints, but never gave her the opportunity to explain the danger she was fleeing. 

* Several young mothers and their children from an indigenous community in Guatemala tried to cross into the US to seek asylum earlier this month. All of them spoke Mam, their indigenous language, and some spoke limited Spanish. They were detained in the desert, where Border Patrol agents confiscated their personal items like clothing and medication. When they told a Border Patrol agent that they wanted to seek asylum, the agent dismissed them and ignored their request, saying “Ustedes sabrán qué hacer” [“you’ll know what to do”].  Border Patrol told one of the women from the group that the border was closed and she would need to seek asylum in Mexico. When she shared about the violence she suffered in Guatemala, the agent would not believe her. Another woman from the group was so disoriented by the expulsion process and language barrier that when she arrived at Kino, she asked the staff whether she was in Mexico or the US.

* Yanet, [name changed to protect privacy], a Honduran woman fleeing death threats from organized crime groups because she refused to sell drugs for them, traveled north to seek asylum in the US. Despite the fact that she suffered multiple incidents of rape and assault at the hands of her smugglers, Border Patrol quickly expelled her back to Mexico.

— “June 23 Update on Asylum, Border, and Deportations from KBI” (Nogales: Kino Border Initiative, June 23, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Protection to Most Vulnerable, Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Female, Guatemala, Honduras, Indigenous, Nicaragua

June 16, 2022

On May 23, 2022, a District of Columbia Circuit Court of Appeals ruling went into effect prohibiting CBP personnel from using Title 42 to expel asylum-seeking families to places where they will be persecuted or tortured (original link). A June 16, 2022 report from Human Rights First, however, found examples of families who, “when they tried to express their fears of return, Border Patrol agents ignored their statements or refused to allow them to speak and failed to refer any for screening”:

Four asylum-seeking families, who were expelled under Title 42 to Ciudad Acuña on May 23, 2022, reported to Human Rights First researchers that Border Patrol agents refused to allow them to explain their fear of return to Mexico or their countries of origin and did not refer them for a fear screening before expelling them.

None of the approximately 50 Honduran and Salvadoran asylum-seeking families, who were interviewed by researchers from the Center for Gender and Refugee Studies (CGRS), had received a fear screening prior to being expelled to Reynosa in late May and early June 2022. According to CGRS’s Legal Director, Blaine Bookey, many families reported that when they attempted to explain their fear of return, Border Patrol officers said, for example, that asylum was not available and that they would only be taking fingerprints and photographs and ordered the families to stop attempting to communicate with the officers. Other families expressed that given harsh treatment and verbal abuse from Border Patrol agents, they were too afraid to even attempt to explain their fears of return. One family reported to Bookey that Border Patrol agents called them “invaders,” and other families reported the agents told them that if they were afraid to return to their country, they should arm themselves and fight the gangs.

— Julia Neusner, Kennji Kizuka, The Nightmare Continues: Title 42 Court Order Prolongs Human Rights Abuses, Extends Disorder at U.S. Borders (New York: Human Rights First, June 16, 2022) https://www.humanrightsfirst.org/resource/nightmare-continues-title-42-court-order-prolongs-human-rights-abuses-extends-disorder-us.

Sector(s): Del Rio, San Diego

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: El Salvador, Family Unit, Honduras

March and April, 2022

An April 2022 report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado lists several examples of San Diego CBP port-of-entry officers’ refusals to grant humanitarian exceptions to Title 42 for especially vulnerable asylum seekers.

In April 2022, CBP denied humanitarian exemption requests for a Nigerian man with glaucoma and hand tremors who was beaten by police in Mexico; a gay Venezuelan man living with HIV who is partially deaf; a Mexican torture survivor with diabetes; a Haitian woman with a high-risk pregnancy who is experiencing food insecurity; and a disabled Honduran man whose injuries from a car accident have become infected and who needs specialized medical treatment. These requests had been submitted by Ginger Cline, an attorney with Al Otro Lado.

CBP officers at the San Ysidro port of entry have also recently denied humanitarian exemption requests for a Mexican woman fleeing threats by a cartel who murdered the woman’s husband and whose 12-year- old son has a pacemaker and urgently needs specialized medical treatment; a 14-year-old with a traumatic brain injury he incurred from falling from a two-story building to escape kidnappers; and a two- year-old Honduran asylum-seeking child with severe and worsening epilepsy who suffers from eight- minute-long seizures. Margaret Cargioli, an attorney with Immigrant Defenders Law Center in San Diego, had submitted these requests ultimately denied by CBP.

CBP at the San Ysidro port of entry has failed to respond to humanitarian exemption requests submitted months ago, including for a LGBTQ woman with maternal uterine fibroids who experiences constant bleeding after she was raped twice in Mexico in bias-motivated attacks based on her sexual orientation and for a Mexican domestic violence victim whose husband found her in Tijuana and kidnapped her daughter, according to Immigrant Defenders Law Center.

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Accompanied Child, Black, Disability, Domestic Violence Victim, Family Unit, Female, Haiti, Honduras, Kidnap Victim, LGBTQ, Medical Condition, Mexico, Nigeria, Pregnancy, Single Adult, Venezuela

Late March, 2022

The Kino Border Initiative (KBI) reported about a family expelled to Nogales despite pleading with a Border Patrol agent for asylum:

A Guatemalan father traveling with his wife and three children, 2 of whom are US citizens, shared with KBI staff that US officials refused to hear their asylum claim. The family crossed into the US through the desert and turned themselves into Border Patrol agents to ask for asylum. His wife tried to explain their case to one Border Patrol agent, and he responded, “Shut up lady, don’t ask!” When Border Patrol put the family on a bus to expel them, she pleaded with another agent to at least let her US citizen children stay so they could be safe, since they have a right to be in the country. The agent refused and said the whole family would be going to Mexico.

— “March 31 Update from KBI” (Nogales: Kino Border Initiative, March 31, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Family Unit, Guatemala, U.S. Citizen or Resident

March, 2022

A report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado discusses CBP’s insistence on expelling members of an imminently threatened Mexican family with an injured teenager in San Diego.

In March 2022 CBP turned away a Mexican asylum-seeking family fleeing Michoacán after the cartel that had threatened to kill them tortured a family member into disclosing their location in Tijuana. Desperate to escape the cartel, the family attempted to climb over the 30-foot border wall, but a 14-year-old girl fell and was seriously injured. CBP expelled the family back to danger in Tijuana under Title 42 allowing only the girl’s mother to remain with her at a San Diego hospital. The family told the San Diego Union-Tribune, “she’s fighting for her life, and we only did it because [the cartel] already knew we were in Tijuana. We didn’t have another option.”

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

— Kate Morrissey, “Ukrainians Only: Racial Disparities in U.S. Border Policies Grow More Obvious” (The San Diego Union-Tribune, Tuesday, March 22, 2022) https://www.sandiegouniontribune.com/news/immigration/story/2022-03-19/ukrainians-border-title-42.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Mexico

March, 2022

A report from Human Rights First, the Haitian Bridge Alliance, and Al Otro Lado recounts CBP’s expulsion of a Mexican family who presented graphic evidence of their protection needs.

In March 2022, CBP officers turned away a Mexican asylum seeker and her children who fled Guerrero after the woman’s husband and teenage son were murdered. The woman brought photos of the chopped-up bodies of her loved ones as evidence of the danger the family had fled. “I’m not here because I want to be here. I’m here to save the lives of my children,” she told the San Diego Union- Tribune. The family spent the night outside the port of entry until Mexican officials pressured them to leave the area.

Extending Title 42 Would Escalate Dangers, Exacerbate Disorder, and Magnify Discrimination (New York: Human Rights First, Haitian Bridge Alliance, Al Otro Lado, April 27, 2022) https://www.humanrightsfirst.org/resource/extending-title-42-would-escalate-dangers-exacerbate-disorder-and-magnify-discrimination.

— Kate Morrissey, “Ukrainians Only: Racial Disparities in U.S. Border Policies Grow More Obvious” (The San Diego Union-Tribune, Tuesday, March 22, 2022) https://www.sandiegouniontribune.com/news/immigration/story/2022-03-19/ukrainians-border-title-42.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Mexico

January 13, 2022

A January 2022 Human Rights First report discussed CBP’s denial of humanitarian parole requests for highly vulnerable migrants at the San Ysidro Port of Entry between San Diego and Tijuana.

CBP has denied or ignored more than 100 of the 147 humanitarian parole requests Al Otro Lado submitted to the San Ysidro port of entry, according to attorney Ginger Cline. People denied parole by CBP at the San Ysidro port of entry since December 2021 include: a Salvadoran woman with epilepsy who was kidnapped, drugged, and beaten in Mexico; a Haitian man who experienced two racially motivated assaults in Tijuana; a Mexican woman fleeing cartel threats and severe domestic violence whose 9-year-old child was sexually abused; a Haitian man with painful growths on his chest who was sexually assaulted by his employer and who has been unable to access medical treatment in Tijuana; and a LGBTQ Haitian person who was assaulted in Mexico.

Yet, at other U.S. ports of entry, including Brownsville and Hidalgo, CBP officers have approved hundreds of humanitarian parole requests since late 2021, according to Charlene D’Cruz with Lawyers for Good Government.

A Shameful Record: Biden Administration’s Use of Trump Policies Endangers People Seeking Asylum (New York: Human Rights First: January 13, 2022) https://www.humanrightsfirst.org/resource/shameful-record-biden-administration-s-use-trump-policies-endangers-people-seeking-asylum.

Sector(s): San Diego Field Office

Agency(ies): CBP

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

Last Known Accountability Status: Unknown

Victim Classification: Black, Disability, Domestic Violence Victim, El Salvador, Family Unit, Haiti, Kidnap Victim, LGBTQ, Mexico, Sexual Abuse Victim

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

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

October, 2021

Human Rights First reported:

In October 2021 DHS agents repeatedly told an asylum-seeking Honduran family to “shut up” and refused to answer their questions as they transferred the family by plane from McAllen, Texas, where they had crossed the border to seek asylum, to Arizona for expulsion into Nogales, Mexico. According to Kino Border Initiative, an agent attempted to seize the family’s documents related to their asylum claim.

— 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): Rio Grande Valley, Tucson

Agency(ies): DHS

Event Type(s): Abusive Language, Confiscation of Documents, Denial of Protection to Most Vulnerable

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Honduras

October 13, 2021

The Central American website ContraCorriente published a Honduran family’s account of being held in Border Patrol custody in south Texas, then expelled on a flight to southern Mexico under the Title 42 pandemic policy.

For Fernando and his family, the American dream had ended just as it was beginning. As he tells us, they and about 150 other people were forced to walk from the border to the city of McAllen, Texas. They walked for about two hours and then boarded a bus that took them to the famous “hieleras” [“freezers”], as the migrants call the detention centers, whose characteristic is that they are very cold. They remained there for four days.

During their stay in the “hieleras” they had to bathe at 2 a.m. Fernando says that his girls got sick with respiratory problems. They were fed flour tortillas and lettuce. Before entering the detention center they were asked for the contact and address of the people who were waiting for them in the great country to the north. “Supposedly they were going to call them to pick us up, but from then on there was nothing, they kept us in the hielera for four days without knowing anything,” he told us.

On Wednesday, October 13, Fernando and his family were called to a room where there were other people. He’s assured that they even called his relatives, and he thought he was going to be reunited with them. They were put on a bus, taken to the airport in McAllen, and once on the plane Fernando knew something was wrong. They asked the immigration officials what was going on and they answered that they did not know: “When I least expected it, the plane landed and we saw that the airport said welcome to Villa Hermosa” [in southern Mexico].

Once they landed in the aforementioned city, jurisdiction of the State of Tabasco, the migrants demanded to know why they were left on Mexican soil if they were not originally from that country. At the airport they were picked up by Mexican immigration and boarded onto a new bus, in which they traveled to Corinto, on the border of Guatemala and Honduras. “They brought us here on bread and water,” says Fernando, touching his stomach. “They tricked us because we were supposedly going to our family, they even called them. Now they were surprised when I told them I was in Honduras. I was able to call because they gave us back our phones,” he adds.

— Allan Bu, “En la Madrugada, e Ignorados por el Estado, Llegan a Corinto Miles de Hondurenos Deportados” (Honduras: ContraCorriente, October 15, 2021) https://contracorriente.red/2021/10/15/en-la-madrugada-e-ignorados-por-el-estado-llegan-a-corinto-miles-de-hondurenos-deportados.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

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

Last Known Accountability Status: No Steps Taken

Victim Classification: Family Unit, Honduras

September 2021

Human Rights First reports:

In September 2021, DHS expelled an asylum-seeking Haitian family to Haiti after holding them for days in a freezing cell without sufficient food. DHS separated the family from an adult brother who had crossed into Del Rio, Texas with them where they had attempted to seek asylum together based on political persecution. The family remains in hiding in Haiti, terrified their persecutors will find them, according to Blaine Bookey from the UC Hastings Center for Gender & 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): Del Rio

Agency(ies): Border Patrol, DHS

Event Type(s): Conditions in Custody, Denial of Food or Water, Denial of Protection to Most Vulnerable, Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Black, Family Unit, Haiti

September 27, 2021

A Kino Border Initiative release reports:

Karla [not real name], another migrant organizer, described her experience being denied asylum three times. She said, “I went to the Tijuana border looking for help and protection asking immigration for asylum. They rejected me, humiliated me, and denied me asylum. I cried together with my children, pleaded with them and asked for their help to be able to request asylum. When they saw me cry, they told me not to because not even with my tears was I going to convince them and that I better step aside because I was in the way. As I cried for help, they laughed at me and my children. I tried to seek asylum in three different ports of entry along the border and I have always been rejected, humiliated. They threatened to call the Mexican authorities on me who also humiliated us.”

— “CBP closed port of entry after denying access to migrant family seeking asylum, accompanied by Tucson Bishop Edward Weisenburger” (Nogales: Kino Border Initiative, September 27, 2021) https://www.kinoborderinitiative.org/press-release-cbp-closed-port-of-entry-after-denying-access-to-migrant-family-seeking-asylum-accompanied-by-tucson-bishop-edward-weisenburger/.

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit

September 27, 2021

CBP officers shut the gates of Nogales, Arizona’s DeConcini port of entry as a family, accompanied by Tucson Bishop Edward Weisenburger, approached to seek asylum. A Kino Border Initiative release described the scene.

Laura fled southern Mexico with her two kids, her brother and his family- after her husband was shot by the local mafia. Laura and her family, accompanied by the Bishop, went through the turnstile at the DeConcini port of entry only to be turned away in tears.

Chelsea Sachau, attorney with the Florence Project, who accompanied the family recounts the event, “The family reasserted their request to be processed and to seek asylum. They asked to speak to someone else [other than the CBP officials], a supervisor, and then the CBP officers entered the building and locked both doors. They tested to make sure that both doors were locked, and then they slowly started lowering the gate to shut down the entire port of entry because this family, accompanied by faith leaders, and a legal observer, asked him for their right to seek asylum.” Laura and her family were forced to step back as the gate lowered onto where they were standing. Sachau continues, “There was no warning given to anyone, neither ourselves or anyone in line who had papers to enter into the US.” The DeConcini port of entry was shut down for about an hour to anyone trying to cross into the U.S.

— “CBP closed port of entry after denying access to migrant family seeking asylum, accompanied by Tucson Bishop Edward Weisenburger” (Nogales: Kino Border Initiative, September 27, 2021) https://www.kinoborderinitiative.org/press-release-cbp-closed-port-of-entry-after-denying-access-to-migrant-family-seeking-asylum-accompanied-by-tucson-bishop-edward-weisenburger/.

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Mexico

July 30, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the experience of a Honduran family while in custody at Border Patrol’s “Temporary Outdoor Processing Site” (TOPS) facility under a bridge in Mission, Texas, and their subsequent lateral expulsion via Nogales, Arizona.

A Honduran man, wife and daughter entered the United States and were detained in [across from] Reynosa. They told the agents who detained them that they wanted to seek asylum. The agents said “no,” that there was nothing the agents could do for them; however, the agents asked the family to write down their names.

The family was taken under a bridge, where they were told to sleep outdoors, on the concrete. They were not given food or water for 10 hours. There were several hundred other migrants under the bridge with no access to running water. All the migrants were confined in a small space where they could touch each other. There were three toilets (port-o-potties) for several hundred migrants. There were no facilities for them to bathe under the bridge.

On the fourth day, the family was flown to Tucson where they were finally able to wash themselves, though they were detained there for four days and only allowed to wash that one time. In Tucson, they asked again to be considered for asylum but were again told no. The agents also shouted at the immigrants asking them to shut their kids up.

The agents told the family that since they came to the US illegally, they had no right to asylum, and that they should attempt to seek asylum at the nearby port of entry. From there, they were expelled to Nogales, Sonora.

KBI filed an August 11, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). As of August 17, KBI had not yet received a response.

KBI and NETWORK recorded a similar account, for July 23, 2021, of a Honduran family that spent three days at TOPS before being laterally expelled via Nogales.

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): Rio Grande Valley, Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR

Victim Classification: Family Unit, Honduras

July 23, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the experience of a Honduran family while in custody at Border Patrol’s “Temporary Outdoor Processing Site” (TOPS) facility under a bridge in Mission, Texas, and their subsequent lateral expulsion via Nogales, Arizona.

A Honduran man, his wife, and daughter entered the United States near McAllen, Texas where they were detained. They were kept under an overpass with hundreds of other migrants. The agents took their temperatures and biometric data.

There was a medical tent, but the family could not get medical attention. Their infant daughter became sick while they were there. Although they asked for medical attention for their baby, the agents refused to provide any.

They were held there for three days. This family was exposed to the elements and went without basic necessities like running water, beds to sleep in, etc. They were only fed twice a day.

Border Patrol would periodically call names to board buses; if you missed your name, you had to wait until next time they came to call your name. Because of this, people chose to remain awake rather than risk missing their chance to leave. The father recalls the brutal sleep deprivation this caused.

After three days the Border Patrol transferred them to a facility. At the facility the agents confiscated all their belongings (clothes, medicine, diapers, phone chargers, etc.). They were not given anything to eat at the facility for the whole day. The father was temporarily separated from his wife and daughter and placed in a separate holding facility with about fifty others, who had been at the facility for some time.

Eventually, the agents took down details of the family members they had in the US and told them they could leave once their family members had paid for their travel. This was a lie. The family was instead taken to the airport and flown to Tucson, AZ and then expelled to Nogales, Sonora.

KBI filed an August 3, 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 “that they received the complaint and forwarded it to the Office of the Inspector General (OIG). No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

KBI and NETWORK recorded a similar account, for July 30, 2021, of a Honduran family that spent three days at TOPS before being laterally expelled via Nogales.

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): Rio Grande Valley, Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Denial of Food or Water, Denial of Medical Care, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Non-Return of Belongings

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

Victim Classification: Family Unit, Honduras

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed a Guatemalan family’s conditions in Border Patrol custody while seeking, without success, to seek asylum in Arizona.

A Guatemalan woman and her two young daughters entered the United States through the desert and encountered a Border Patrol agent. They were detained and moved to a facility with cold rooms. Then they were transferred to Tucson.

There, she told an agent that she had injured her foot while walking in the desert and needed medical attention. The agent agreed, but then she walked away and never came back. She was never given any medical attention.

They were made to sit in the chairs at the Tucson facility; the children could not sleep. At the facility, they were forced to take off any extra clothing and allowed to wear only a t-shirt and pants. Her daughter was shivering. They asked for blankets but were given only one small one many hours later. She tried to tell agents she wanted to seek asylum, but no one listened to her.

The next morning the family was expelled to Nogales, Sonora.

KBI filed a July 23, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, 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): Conditions in Custody, Denial of Medical Care, Denial of Protection to Most Vulnerable

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

Victim Classification: Family Unit, Guatemala, Medical Condition

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan asylum seeker’s experience with her family while in Border Patrol custody in Arizona.

A Guatemalan woman, her sister (19), brother, and son entered the United States and were all detained by border patrol. At that time the agent was very nice to them and gave them water and took them to a Border Patrol station. They were subsequently moved to Tucson.

There, CBP processed the sister first, and a female CBP agent reached into her sister’s shirt and grabbed sister’s documents from her bra.

Her brother was separated from them, and she did not have any information about his whereabouts as of July 10. She was never told why they separated her brother from her.

She was also then separated from her sister, who CBP says tried to escape them while they were walking in the desert. The woman told agents several times that her sister had not tried to escape apprehension and that they had been together the whole time.

The officers told her “You are not in your country. We are in charge here.” In the facility, the staff at the station refused to give them blankets. In the early morning, she was reunited with her sister on a bus.

She tried several times to tell them she was seeking asylum, but no one listened. CBP kept telling them that this was their country, and they were in charge. The woman, her sister, and son were expelled to Nogales, Sonora in the early morning.

KBI filed a July 23, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, 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.”

Source: Kino Border Initiative (KBI) and NETWORK Lobby for Catholic Social Justice, Due Process Denied, 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, Conditions in Custody, Denial of Protection to Most Vulnerable, Family Separation, Lying or Deliberate Misleading, Sexual Assault or Harassment

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

Victim Classification: Family Unit, Guatemala

July 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan asylum seeker’s experience with her children while in Border Patrol custody in Arizona.

A Guatemalan woman with her four children crossed into the United States with a big group and encountered a Border Patrol agent in a vehicle. That agent was very nice to them, gave them water and said they could have whatever they needed. He called for more vehicles to carry them all, and they were transferred to a Border Patrol facility that was very cold. Then they were put on buses to Tucson.

At the Tucson border facility, the woman approached an agent asking how they should apply for asylum and informing him that her son has a medical condition and needs medical care. She showed him the documents (a diagnosis, x-rays, etc.) to prove that her son was in need and that he needed surgery within the next two months. The agent took the documents and threw them in the trash. When she went to retrieve them from the trash, he took them again and told her “they belong in the trash.” When she protested, he became angry and told her to go away and gave her a sleeping mat. The mat was soaking wet so that she could not use it. She never got her documents back.

Hours later, she and the children were expelled to Nogales, Sonora.

KBI filed a July 15, 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 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, Conditions in Custody, Confiscation of Documents, Denial of Medical Care, Denial of Protection to Most Vulnerable, Non-Return of Belongings

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

Victim Classification: Family Unit, Guatemala, Medical Condition

June 30, 2021

A report from the Kino Border Initiative (KBI) and NETWORK related the experience of a Guatemalan man, his wife, and son, who entered the United States in Arizona, with the intention of seeking asylum.

They crossed and encountered Border Patrol. The Border Patrol asked if their objective was to seek asylum, and the father said yes. The family was then transported to an outpost and processed. A CBP officer asked where they were from but did not ask any other questions.

They were transported to a facility in Tucson, where the man was separated from his wife and son. They were all moved between several different detention centers, and the only time the man was able to see his wife and son was during transport.

In one of the facilities, he told an agent he feared returning to Guatemala. The agent laughed in his face and said something to the other agents, who all laughed. He felt so humiliated and discouraged to ask for asylum again.

He was moved four times to different border facilities. Finally, he and his family were expelled in the very early morning hours without ever being given a fear assessment or referred to the USCIS.

KBI filed a July 9, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 5, 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: Family Unit, Guatemala

Mid-June, 2021

The Kino Border Initiative reported:

A woman fleeing with her children from domestic violence reported that Border Patrol agents laughed at one of her daughters when she told them she was crying because of the abuse she’d suffered. Once the family was taken to a Border Patrol station, another agent reportedly yelled at the mother after she had expressed that she could not return to her country for fear of further violence, saying “look, you’re here as a migrant. You didn’t have a reason for crossing into this country. You’re going back to your country as you arrived, or worse.”

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

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Accompanied Child, Domestic Violence Victim, Family Unit, Female

Mid-June, 2021

The Kino Border Initiative reported:

A family who attempted crossing in two different Border Patrol sectors reported insultingly dismissive treatment in every interaction they had with Border Patrol agents. Border Patrol agents repeatedly told them, “I don’t care about your problems,” laughed at them and ridiculed them. In one interaction, the agent reportedly said, “What a coincidence. All of you seem to be coming because someone wants to kill you. That’s not my problem.”

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

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Family Unit