10 Records of Alleged Abusive or Improper Conduct where the victim classification is “LGBTQ”

Late July, 2022

The Nogales, Arizona-based Kino Border Initiative (KBI) reported on August 4 that “Walter [name changed to protect privacy], a gay man from El Salvador, recently arrived at Kino after surviving an attempted murder in his country.”

On his journey, the coyote abandoned him in the desert, where he wandered alone until he was able to find BP and present himself to seek asylum. Despite explaining his situation, showing the scars from the murder attempt and explaining that he would be killed if he had to return to El Salvador, BP [Border Patrol] expelled him to Mexico.

— “August 4 update from KBI” (Nogales: Kino Border Initiative, August 4, 2022).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: El Salvador, LGBTQ, Single Adult

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

Early 2022

A lesbian asylum seeker from Honduras told Human Rights Watch of how U.S. border officials applied Title 42, expelling her to Ciudad Juárez, Mexico, where she had already endured a kidnapping, despite her pleas for protection.

She said that when she explained to US border officials that she was a lesbian seeking asylum from Honduras and that she had also experienced abuse in Mexico, agents laughed at her. She said one agent told her, “I don’t care what’s happening to you.” She was expelled to Honduras, and immediately fled again to the US border, this time afraid to seek asylum for fear of being returned to Honduras again.

US: LGBT Asylum Seekers in Danger at the Border (New York: Human Rights Watch, May 31, 2022) https://www.hrw.org/news/2022/05/31/us-lgbt-asylum-seekers-danger-border.

Sector(s): El Paso

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Female, Honduras, LGBTQ

February, 2022

Human Rights Watch reported on CBP’s Title 42 expulsion of Adolfo H. and Gerardo C. (pseudonyms), a gay couple fleeing Cuba and El Salvador who had already “experienced extortion several times by Mexican immigration agents.”

US officials told the couple that Adolfo could stay and seek asylum in the United States because he is from Cuba but that his partner would be expelled, even though border officials had the authority to allow both men in. Instead, they gave them the option of being separated or of being expelled together. They said that while they were in custody, US officials told them to stop holding hands or touching one another.

CBP officers expelled both men back to Ciudad Juárez, Mexico.

US: LGBT Asylum Seekers in Danger at the Border (New York: Human Rights Watch, May 31, 2022) https://www.hrw.org/news/2022/05/31/us-lgbt-asylum-seekers-danger-border.

Sector(s): El Paso Field Office

Agency(ies): Office of Field Operations

Event Type(s): Denial of Protection to Most Vulnerable, LGBT Discrimination or Harassment

Last Known Accountability Status: Unknown

Victim Classification: Cuba, El Salvador, LGBTQ

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

December 2021

December 2021 guidance for implementation of the “Remain in Mexico” (RMX) program specified that individuals should be exempted from the program if they suffer from mental or physical health issues or disabilities; vulnerabilities from advanced age; or risk of harm due to sexual orientation or gender identity (original link). Despite that, a January 2022 Human Rights First report, discussing implementation of RMX in El Paso, reported several cases of CBP returning vulnerable people to Mexico.

– In December 2021, a gay Venezuelan asylum seeker was returned to Ciudad Juárez under RMX despite having informed CBP officers of his sexual orientation. While in CBP custody the man endured harassment because of his sexual orientation and asked multiple CBP officers if there were any protections for members of the LGBTQ community but was told “no.” The man reported to Human Rights First that he fears harm in Mexico due to his sexual orientation.

– A man with cancer was returned to Ciudad Juárez under RMX, even though he and his attorneys had informed DHS of his condition. As of mid-December 2021, the Border Project reported that DHS said that the agency was attempting to locate the man in Mexico.

– A Nicaraguan asylum seeker who suffers from chronic migraines was nevertheless returned to Ciudad Juárez under RMX in December 2021. The man told Human Rights First that CBP officers did not ask him any questions about his medical condition. The man was returned to Mexico without his medication, which CBP officers discarded while he was in custody. He has suffered several migraines while stranded in a shelter in Mexico.

The Border Project also identified dozens of individuals who CBP officers in El Paso failed to properly exclude from RMX in December 2021 based on DHS’s own screening criteria, including a man living with HIV; a man experiencing pain and limited use of his hand because the Mexican cartel that kidnapped him had amputated part of his finger on a video call with the man’s family to extort money from them; and a dozen LGBTQ individuals, one of whom had been raped and threatened with death in Mexico due to his sexual orientation.

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.

— Adolfo Flores, Hamed Aleaziz, “US Border Authorities Have Incorrectly Placed Immigrants With Medical Conditions In The Relaunched ‘Remain In Mexico’ Program, Attorneys Say” (BuzzFeed, December 17, 2021) https://www.buzzfeednews.com/article/adolfoflores/us-border-authorities-wrongly-sought-to-force-asylum.

Sector(s): El Paso, El Paso Field Office

Agency(ies): CBP

Event Type(s): Denial of Medical Care, Non-Return of Belongings, Return of Vulnerable Individuals

Last Known Accountability Status: Unknown

Victim Classification: Kidnap Victim, LGBTQ, Medical Condition, Nicaragua, Sexual Abuse Victim, Single Adult, Venezuela

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

September, 2021

A report from Human Rights First discussed the separation of a Russian LGBTQ asylum-seeking man and his partner at a California port of entry.

In September 2021, DHS separated an LGBTQ Russian asylum seeker from his partner and detained him for weeks at La Palma Correctional Center in Arizona. After the pair requested protection together at a California port of entry, DHS inexplicably detained the man while granting parole to the man’s partner to continue the asylum process in the United States, according to Immigration Equality.

“I’m a Prisoner Here”: Biden Administration Policies Lock Up Asylum Seekers (New York: Human Rights First, April 21, 2022) https://www.humanrightsfirst.org/resource/i-m-prisoner-here-biden-administration-policies-lock-asylum-seekers.

Sector(s): San Diego Field Office

Agency(ies): CBP

Event Type(s): Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, LGBTQ, Russia

September 1, 2021

According to BuzzFeed, CBP officers insisted on expelling back into Mexico, under the Title 42 authority, a Honduran LGBT woman whose spine was fractured in an anti-gay attack in Mexico, and who had also been raped by Mexican police. “The two Honduran women have since been living on the streets of Mexico with no end in sight,” Buzzfeed reported.

— Adolfo Flores, “Biden’s Border Policy Is Trapping LGBTQ Asylum-Seekers In Dangerous Conditions In Mexico” (BuzzFeed, September 16, 2021) https://www.buzzfeednews.com/article/adolfoflores/lgbt-asylum-seekers-stuck-in-mexico.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

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

Last Known Accountability Status: Unknown

Victim Classification: Female, Honduras, LGBTQ, Sexual Abuse Victim, Single Adult

March, 2021

Human Rights Watch reported on the Title 42 expulsion of José M. (pseudonym), a gay man who fled Honduras and sought asylum by crossing from Ciudad Juárez to El Paso. “He said he had told US border officials that he is gay and that he was afraid to be sent to Mexico, but hours later CBP agents sent him to Mexico. Before expelling him, US officials made him throw away everything he had, including the few clothes he had.”

US: LGBT Asylum Seekers in Danger at the Border (New York: Human Rights Watch, May 31, 2022) https://www.hrw.org/news/2022/05/31/us-lgbt-asylum-seekers-danger-border.

Sector(s): El Paso

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Honduras, LGBTQ