60 Records of Alleged Abusive or Improper Conduct where the victim classification is “Guatemala”

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

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

June 12, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed rough treatment that a Guatemalan man said he received from Border Patrol agents who apprehended him in Arizona.

A Guatemalan man entered the United States through the desert with a group of several others. He encountered Border Patrol agents who tripped him, causing him to fall and injure his knee. His face was injured with thorns. He was in a lot of pain, and he asked for medical attention. The agents said they could not help him. They then forced him to walk for an hour in handcuffs. Then the agents drove him to the border station. He didn’t receive medical attention at the station. He was expelled from that station to Nogales, Sonora. Only after he arrived in Mexico did Kino facilitate medical attention.

KBI filed a June 22, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On August 6, CRCL emailed “saying they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

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

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Denial of Medical Care, Use of Force

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

Victim Classification: Guatemala, Medical Condition, Single Adult

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

Late April, 2021

The Kino Border Initiative reported:

A Guatemalan father who had been expelled from the US four months ago was selling food in the street with his family one day when an armed man arrived and killed him in front of his wife and seven-year-old daughter. His wife and daughter fled their hometown to seek protection in the US and crossed between ports of entry to assert their asylum claim. The woman carried her husband’s death certificate and showed it to Border Patrol agents, who accused them of purchasing the document at a pharmacy and refused to hear their fear claim.

— “April 29 Update From KBI” (Nogales: Kino Border Initiative, April 29, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Family Unit, Guatemala

April 25, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the apprehension and expulsion into Mexico of a Guatemalan woman, who said she was fleeing “threats from an organized crime group that had also physically beat her,” and her two-year-old son.

They were apprehended by CBP in the desert and transported to a facility. They were processed but never asked why she came or if she feared going back. After that, she was transported to another facility in a crowded, hot, suffocating bus with other migrants. The migrants were finding it hard to breathe, but the bus was travelling at high speed and agents could not hear them knocking for help. After 30 minutes, they got the agents’ attention, and the agents turned on the air. Once they arrived at the next facility, they were held in a very cold room. Some of the women in the facility were called into an office to be interviewed privately. This woman was not. Agents never inquired why she had come to the United States. She didn’t realize she was being expelled until she was already travelling in CBP transport to the border. She and her son were expelled the same day to Mexico and given no information as to why they were being expelled.

KBI filed a May 1, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On May 6, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. 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): CBP

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

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Family Unit, Guatemala

April 5, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted the conditions of a Guatemalan man’s apprehension by Border Patrol in Arizona, which appeared to involve aggressive use of canines.

A Guatemalan man entered the United States in a group of three and was met by five Border Patrol agents. The agent had dogs and the man was afraid of dogs, so he ran and hid so that the dogs would not bite him. Then the agent forcefully grabbed him by the back of the neck and handcuffed him to other detained migrants. The agents were screaming in English, but the Guatemalan man did not understand English. The man complained that the handcuffs were too tight, but the agents did not respond. The agent’s dog ran between the three immigrants, causing one to fall first and take the others down with him. The Guatemalan man who made this complaint fell on his wrist and his handcuffs got tighter. He asked again that they loosen the handcuffs but there was no response. His right wrist was bruised for days after he was expelled.

KBI filed an April 7, 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, 2021, KBI had received no response.

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 of Arrest or Apprehension

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

Victim Classification: Guatemala, Single Adult

April 4, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described a Guatemalan woman’s account of being denied necessary surgery for a leg injury while in Border Patrol custody, then swiftly expelled to Mexico.

A Guatemalan woman entered the United States and was detained by Border Patrol and transferred to a border patrol facility. She had previously injured herself in the desert and could not walk well. When transported to the facility, a nurse told her she needed surgery to fix a broken bone and torn muscle. She was taken to a clinic where an X ray was taken and found that her tibia was shattered. The medical assistant then told the female border agent who was present that the woman needed an operation right away. The medical assistant told the woman that the surgery was absolutely necessary, and so she agreed to the operation. Then they transferred her to a hospital and changed the Border Patrol agent in of charge of her. It was now a male Border Patrol agent. He received all the paperwork. The woman did not receive any paperwork. The medical staff started prepping for the surgery, then all of a sudden they said they couldn’t do it. The medical staff then gave the woman a sedative and put a cast on. The nurse told her that wherever she goes next, that the women must have surgery. When she asked why they were not continuing with surgery, the medical staff apologized profusely and told her the agents were not going to allow the Guatemalan woman to stay in the U.S. long enough for an operation she desperately needed. Medical staff repeated that she must have surgery as soon as she can because her injuries were serious. The Border Patrol agent there then rushed the woman out of the hospital without allowing the woman to eat or change clothes or get any prescribed pain medication. Though she could barely walk, she was expelled to Nogales, Sonora without any crutches.

KBI filed an April 8, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On June 30, CRCL emailed “saying they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

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

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Medical Care

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

Victim Classification: Female, Guatemala, Medical Condition, Single Adult

April 3, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described the apprehension and expulsion of a Guatemalan man who, after fleeing extortion and threats in his country, was kidnapped and tortured for two weeks during his journey through Mexico.

He managed to flee his kidnappers to continue to the U.S. In the U.S., he and two friends encountered one Border Patrol agent. The agent first handcuffed the other two to each other with chains. The agent then kicked the Guatemalan man who made this complaint in the left ankle, which caused him to collapse. The agent picked the man up by his shoulder and put him in the back of the truck. The agent expelled the man to Nogales, Sonora despite the injuries the agent had inflicted and the fact that he was kidnapped in Mexico. He was never given an opportunity to speak to anyone else about his fear of return.

KBI filed an April 13, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 30, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. 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 of Arrest or Apprehension, Dangerous Deportation, Denial of Protection to Most Vulnerable, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Guatemala, Kidnap Victim, Single Adult

April 2, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted a Guatemalan asylum seeker’s experience in custody in Border Patrol’s outpost at Sasabe, Arizona, and station in Tucson, Arizona.

A Guatemalan woman crossed into the United States walking through the desert. She became ill and fainted. When she came to, a Border Patrol Agent was standing over her. She was taken to an outpost and processed.

There, she told the agents about the violence she had faced, and that she had proof of threats she had received. The agent said he didn’t speak Spanish but that she should take it up with officers at the next station. In Tucson, she was made to remove her outerwear (her jacket and two shirts and a pair of pants) even though the facility was cold.

She was sent into room with a TV, and on the TV screen it said that if anyone was experiencing violence, they should speak to an agent. She then called the agents and said she wanted to apply for asylum. They told her that was unavailable because of the pandemic. The agents started yelling at her that she should have gone to a port of entry if she wanted asylum, and that she was breaking the law by coming this way. They said to her that she was doing what the mafia does, crossing the border illegally.

Additionally, officers threw the name of her abuser in her face and taunted her, telling her they were going to call him. She felt humiliated by the agent’s actions. By this time, she had had three separate agents decline to help her apply for asylum. She was expelled to Mexico the next morning.

As of 8/17/2021, KBI has received no response to this complaint [filed on June 15, 2021].

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, Denial of Protection to Most Vulnerable

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

Victim Classification: Domestic or Gender-Based Violence Victim, Female, Guatemala, Single Adult

Early April, 2021

The Kino Border Initiative reported Border Patrol’s expulsion to Mexico of a Guatemalan asylum seeker despite his claims of fear of return, and his claims to have suffered abduction and assault while in Arizona:

A Guatemalan man who entered the US to seek asylum earlier this month got lost while walking in the desert. As he and the man he was traveling with tried to find their way in the desert in southern Arizona, a group of three armed men dressed in black began firing shots at them. The armed men threw the men to the ground, tied their hands, covered their eyes with blindfolds, and took them to a house where they beat him, took his clothes off, tied him up, and left him outside for an entire day and night. The following day, the kidnappers left him on the side of the road, where he sought help and eventually laid down to await Border Patrol agents. The man attempted to assert his fear of traffickers in Mexico with Border Patrol Agents at the field station and later at the processing center in Tucson, but all officials with whom he spoke ignored his fear-based claims. BP agents returned him to Nogales, Mexico, where he is at risk of further attack by his traffickers.

— “April 15 Update From KBI” (Nogales: Kino Border Initiative, April 15, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Guatemala, Kidnap Victim, Single Adult

Early April, 2021

The Kino Border Initiative reported: “A young Guatemalan man expelled to Nogales, Sonora under Title 42 last week reported that Border Patrol agents threatened to run him over with their four wheeler. They also intimidated him and said things like, ‘Why are you even here?'”

— “April 15 Update From KBI” (Nogales: Kino Border Initiative, April 15, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Threat of Violence

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

Victim Classification: Guatemala, Single Adult

Early April, 2021

The Kino Border Initiative reported:

Another young Guatemalan migrant reported that before Border Patrol agents expelled him to Nogales, Sonora, they threw away all the water and supplies they had brought with them. The BP agents took the apples the group brought for food and fed them to their horses. When they asked for water since they had walked days in the desert, the BP agents refused until several hours later.

— “April 15 Update From KBI” (Nogales: Kino Border Initiative, April 15, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Food or Water, Non-Return of Belongings

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

Victim Classification: Guatemala, Single Adult

Early March, 2021

The Kino Border Initiative reported about a Guatemalan mother and daughter’s difficult experience in Border Patrol custody before being expelled:

A young Guatemalan mother arrived at KBI with her 3-year-old daughter this week after Border Patrol expelled them to Mexico under Title 42. Her daughter suffers from stomach issues, and although the mother pleaded with a Border Patrol agent to keep her yogurt and medicine, the agent threw it in the trash. They were detained around 9PM and expelled the next day around 3PM. During those 18 hours, BP only provided them with a few crackers and juice. The mother said she felt dizzy when they were expelled to Mexico because they had not eaten. They also suffered cold during the time they were detained because BP agents confiscated all their sweatshirts and coats. By the time they were expelled, the 3-year-old had soiled her diaper, but BP agents had confiscated the diapers the mother brought with her. They refused to give her a diaper despite the fact that the girl’s pants were soaked through. One BP agent repeatedly yelled at them and said, “I don’t know what you’re doing in this country.”

— “March 4 Update From KBI” (Nogales: Kino Border Initiative, March 4, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Denial of Food or Water, Denial of Medical Care, Non-Return of Belongings

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

Victim Classification: Family Unit, Guatemala

Late February, 2021

The Kino Border Initiative reported:

Last week 2 unaccompanied minors were returned to Nogales, Sonora under Title 42, despite guidance that these individuals should not be subject to expulsion. One of these minors was a 17-year-old Guatemalan girl who a Border Patrol agent accused of lying about her age. BP returned her to Mexico at 8PM, and she was forced to stay the night outside, until she found help in the morning.

— “March 4 Update From KBI” (Nogales: Kino Border Initiative, March 4, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Expulsion of Unaccompanied Minor

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

Victim Classification: Female, Guatemala, Unaccompanied Child

Late February, 2021

The Kino Border Initiative reported:

Last week, a young Guatemalan woman who crossed the border through the desert was approached by Border Patrol agents traveling on four wheelers. When she tried to run, one agent hit her with his four wheeler. The impact threw her into a cluster of thorny bushes. When she arrived at KBI, she was in a great deal of pain. Her legs were throbbing, and she had thorns embedded in the skin on her legs and back.

— “March 4 Update From KBI” (Nogales: Kino Border Initiative, March 4, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension, Pedestrian Strike

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

Victim Classification: Female, Guatemala, Single Adult

February 17, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted Border Patrol’s expulsion of an asylum-seeking family (husband, wife, and 7-month-old son) who had fled Guatemala

after the man’s brother was murdered by an organized crime group. The family was taken to an office near Sasabe, where they were never asked why they fled Guatemala or asked for the documents they had with them as proof of persecution. They were later taken to Tucson, and they were expelled the following day to Nogales, Sonora in the early morning.

KBI filed a February 24, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On March 8, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. 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): Denial of Protection to Most Vulnerable

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Family Unit, Guatemala

February 13, 2021

The Dallas Morning News told the story of Pedro Gómez, from Guatemala, and Jhon Jairo Uscha Alcoser, from Ecuador, whom Border Patrol expelled into Mexico while injured.

The men ended up in Border Patrol custody after falling from the border wall in late January. Gómez told the Morning News:

“I couldn’t even get up, so I crawled inside the migra vehicle,” said Gomez, after falling off the wall in late January. At one point, he says he was told he was going to be taken to a U.S. hospital, but instead was dropped off at the border crossing nearly 90 miles from where he fell off the wall near El Paso. His ankles are broken and he cannot walk.

Uscha Alcoser, the Ecuadorian, “said he told Border Patrol agents he couldn’t move and was ’screaming in excruciating pain.’”

But “they said ‘stand up, stand up.’ I don’t know where I found the strength.” He says he was sent back to Mexico, dragging his feet as another migrant held him up. X-Rays later revealed broken tendons and a fractured back and pelvis, Sosa [Pastor Rosalio Sosa, who runs a network of shelters in Palomas, Chihuahua, Mexico] said.

Border Patrol expelled them, using the Title 42 pandemic authority, into the small town of Palomas, across from Columbus, New Mexico, far from where they fell from the wall. The agents “dumped us in Mexico like garbage, a piece of trash,” Gómez said.

Border Patrol disputed the men’s account:

The Border Patrol said “records indicate that neither individual you mention presented illness or injury during their brief encounters with our agents.” The statement added that agents “perform their jobs with the utmost professionalism and display a high level of respect and dignity towards the many people that are encountered daily” and encouraged anyone who “believe they have been mistreated” to file a complaint.

— Alfredo Corchado, “Injured migrants say Border Patrol sent them back to Mexico after they fell off Trump’s wall” (Dallas: The Dallas Morning News, February 13, 2021) https://www.dallasnews.com/news/immigration/2021/02/14/injured-migrants-say-border-patrol-sent-them-back-to-mexico-after-they-fell-off-trumps-wall/.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Denial of Medical Care

Last Known Accountability Status: No Steps Taken

Victim Classification: Disability, Ecuador, Guatemala, Medical Condition, Single Adult

February 1, 2021

A report from the Kino Border Initiative (KBI) and NETWORK told of a Guatemalan woman, fleeing violence with her two-year-old child, whom Border Patrol expelled into Mexico twice in two weeks without providing a chance to make her case for asylum.

The woman has photo evidence of violence that she has faced in Guatemala. She requested asylum the first time she crossed the border [January 15, 2021], but the agents only listened to the unaccompanied minors in the facility and did not speak to the adults or ask questions. She tried showing agents her documentation to no avail.

The second time [February 1, 2021], she and her daughter were taken to two different border facilities, and each time she was denied the opportunity to speak. She said that a man in a black uniform attempted to speak to them but was asked not to by male agents in green uniforms. She was expelled to Nogales, Sonora.

KBI filed a February 15, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On February 25, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. 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, Yuma

Agency(ies): Border Patrol

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

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Family Unit, Guatemala

February 1, 2021

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

A Guatemalan woman and her two children (including a 14-year-old son) fled Guatemala and were detained in the desert upon entry to the US by Border Patrol and taken to the Tucson Station. At the facility, the woman tried to talk to the agents and tell them she could not return to Guatemala because she had suffered violence. The agent said if he allowed her asylum that he would be breaking the law and if he did it for her the agents would have to do it for others. Border Patrol said they had no legal right to seek asylum. They were expelled to Nogales, Sonora. The family was harassed and threatened in Mexico after being expelled.

KBI filed a February 4, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 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): 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

January 29, 2021

A report from the Kino Border Initiative (KBI) and NETWORK described rough treatment during Border Patrol apprehension of a Guatemalan man in southern Arizona.

A Guatemalan man entered the United States near Sasabe, Sonora and walked for four hours before being met by Border Patrol who were on motorcycles. At first the man started to run, but when the official got closer, he stopped and put his hands up. The agent then grabbed him and shoved him to the ground, causing pain to his shoulder. He was then moved to Tucson. He was not given any medical attention for his shoulder. He was instead expelled to Nogales, while he was still experiencing pain.

On the same day the complaint was filed [February 2, 2021], the local CBP OPR contact responded inquiring about photos or medical records associated with the abuse. On 2/8/2021, a week after the initial complaint was filed, KBI received an email from CRCL stating that they received the complaint, recorded it in their database, and no further actions would be taken. 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 of Arrest or Apprehension, Denial of Medical Care, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Guatemala, Medical Condition, Single Adult

January 28, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed allegations of cruel treatment during a Border Patrol apprehension.

A Guatemalan man crossed into the United States and was detained in the desert. The border patrol agents who arrested them were driving a four wheeler. They drove really fast, right towards the immigrants. The immigrants had to jump out of the way to avoid being run over. The Guatemalan man fell over when he jumped out of the way. Despite not resisting arrest, an agent put his hand around the migrant’s neck and pulled him to handcuff him. The agents were laughing as they handcuffed him. Despite cold temperatures, he was made to remove his outerwear and walk only in a t-shirt. He was forced to walk 20 minutes handcuffed. Afterwards, he was transported to Tucson and promptly expelled.

KBI filed a January 29, 2021 complaint with the DHS Office of Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On March 18, CRCL emailed “that they received the complaint, recorded it in their database, and no further actions would be taken. 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 of Arrest or Apprehension, Endangerment

Last Known Accountability Status: Complaint Filed with CRCL, Complaint Filed with OPR, No Further Action

Victim Classification: Guatemala, Single Adult

Mid-December, 2020

The Kino Border Initiative reported:

A pregnant Guatemalan woman arrived at KBI last week after being expelled under Title 42. She traveled north through Mexico alone, and crossed with a guide into the Arizona desert where she turned herself in to Border Patrol. Once detained, she requested the Border Patrol agents hear her fear claim to process her for asylum. They assured her they would do so. She overheard the agents saying they were sending her back to Mexico, and asked why, when they had assured her they would hear her fear declaration. She pleaded with them not to expel her to Mexico. Although they knew she was 5 months pregnant, they pulled her, forcibly put her into the Border Patrol vehicle and threatened to handcuff her if she resisted. Border Patrol agents then expelled her to Nogales, Sonora.

— “December 17 Update From KBI” (Nogales: Kino Border Initiative, December 17, 2021).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Female, Guatemala, Pregnancy, Single Adult

November 18, 2020

Immigration and Customs Enforcement (ICE) expelled to Guatemala 32 unaccompanied children who had been encountered at the border. The expulsion came hours after U.S. Federal District Judge Emmet Sullivan had ordered a halt to the Trump administration’s practice of expelling unaccompanied children under the Title 42 pandemic order.

On January 19, 2021—the Trump administration’s final day—DHS officials recognized before the court that the expulsion violated Judge Sullivan’s order, “adding that they will begin the process of getting the group back to apply for asylum,” BuzzFeed reported.

— Hamed Aleaziz, “US Officials Admitted They Violated A Court Order When They Expelled 32 Immigrant Children To Guatemala” (United States: BuzzFeed, January 19, 2021) https://www.buzzfeednews.com/article/hamedaleaziz/us-officials-violated-court-order-immigrant-children.

Sector(s): Border-Wide

Agency(ies): DHS, ICE

Event Type(s): Expulsion of Unaccompanied Minor, Inappropriate Deportation, Violation of Court Order

Last Known Accountability Status: Under Judicial Review

Victim Classification: Guatemala, Unaccompanied Child

November 4, 2020

A report from the Kino Border Initiative (KBI) and NETWORK discussed the experience of a Guatemalan man who entered the United States, was detained by an Arizona state trooper, and ended up in Border Patrol custody.

The agents took him to a Border Patrol station. He expressed fear to the agents about returning to Mexico. The agents’ supervisor then said they will decide if they were going to send the Guatemalan man to Guatemala or Nogales. Later, he was taken to the border with a group of other immigrants by the Border Patrol. Everyone was asked to walk across the border to Mexico. He asked the agents why he was being sent to Mexico when he was Guatemalan. An agent hit him with a baton on the knee and threatened to hit him on the head. He was in a lot of pain and his knee became swollen. After that, some other agents came and told him to seek out the Guatemalan Consulate in Nogales and ask about his rights in Mexico. He walked to a park in Nogales, Sonora and slept in a park.

KBI spoke with the local CBP OPR representative on the same day they filed the complaint. OIG had already opened a complaint at this time. An OIG investigator followed up with KBI. Since that date, KBI has not received any updates as to consequences for the officer involved or whether the victim received any recourse.

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): Denial of Protection to Most Vulnerable, Use of Force

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

Victim Classification: Guatemala, Single Adult