5 Records of Alleged Abusive or Improper Conduct where the victim classification is “Indigenous”

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

Mid-April, 2022

The Kino Border Initiative (KBI) reported about Border Patrol confiscating asylum-seeking migrants’ mobile phones before expelling them into Nogales, Mexico under Title 42.

A young Mexican woman left her hometown because she had received death threats. She arrived at the border earlier this month and attempted to cross into the US. She was detained by Border Patrol agents who confiscated her belongings, including her cell phone. When she was going to be expelled into Mexico, a Border Patrol agent asked her to sign a paper saying that she would return in 30 days to collect her belongings. She asked the BP agent, “How will I collect my belongings in 30 days? Do I have to climb over the wall again?” The Border Patrol agent just laughed and said he didn’t know. Border Patrol also confiscated several other women ‘s phones from the same group. A few of them were crying because they did not know their family members’ phone numbers to contact them. One young woman in the group was from an indigenous community in southern Mexico and did not speak Spanish. She had been separated from her husband and now had no way to contact him.

— “April 28 Update from KBI” (Nogales: Kino Border Initiative, April 28, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Female, Indigenous, Mexico, Single Adult

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

Mid-June, 2021

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

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

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

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

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

Sector(s): Tucson Field Office

Agency(ies): ICE, Office of Field Operations

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

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

Victim Classification: Black, Family Unit, Honduras, Indigenous

Early January, 2020

The Kino Border Initiative reported:

Since MPP returns to Nogales began on January 2nd, CBP has already returned particularly vulnerable individuals, including 3 two-year-old children, 2 one-year-old babies and 3 families that are primarily Mam speaking (despite the fact that indigenous language speakers, especially of non-Mexican languages, shouldn’t be subject to MPP).

— “January 9 Update from KBI” (Nogales: Kino Border Initiative, January 9, 2020).

Sector(s): Tucson

Agency(ies): CBP

Event Type(s): Return of Vulnerable Individuals

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

Victim Classification: Family Unit, Indigenous