153 Records of Alleged Abusive or Improper Conduct where the victim classification is “Single Adult”

July, 2023

Among cases cited in a July 2023 Human Rights First report was that of a Haitian asylum-seeking man to whom CBP officers denied access to emergency medical care, while harassing the humanitarian worker accompanying him.

Even during the Title 42 period, it was customary to be granted access to the Reynosa port of entry for medical emergencies requiring an ambulance. The humanitarian worker, however, was told by CBP officers at the limit line, “This isn’t our problem. If you want, you can bring him to wait in line.” At this time, other vulnerable individuals waiting to access the port of entry without an appointment were being forced to wait for over 72 hours in extreme heat. “If I bring him to wait in this line without medical care, he will die,” the humanitarian worker told CBP officers.

After advocacy by another local humanitarian worker, the ambulance transporting the critical case was approved to cross. Yet upon arrival at the port with the ambulance, the humanitarian worker and the Haitian man were harassed by CBP: “It’s you again?” the CBP officer greeted the humanitarian worker who tried to explain the situation but was silenced. A CBP nurse said, “You call this an emergency?” and removed the Haitian man’s oxygen tubes and ordered him to stand up, lowering him from the bed and off the ambulance. A CBP supervisor refused to provide the Haitian man with a wheelchair and instead forced him to walk and to carry his luggage, prohibiting the humanitarian worker from carrying it for him. The CBP supervisor accepted the man for processing and ordered the local humanitarian worker to leave, threatening her and saying she was prohibited from return:

“You’re already in trouble, so if you don’t want to have more problems, leave. You are no longer allowed in this area.”

— Asencio, Christina, Eleanor Acer, and Rebecca Gendelman. “Refugee Protection Travesty.” New York: Human Rights First, July 12, 2023. https://humanrightsfirst.org/library/refugee-protection-travesty/.

Sector(s): Laredo Field Office

Agency(ies): Office of Field Operations

Event Type(s): Abusive Language, Denial of Medical Care, Denial of Protection to Most Vulnerable, Intimidation of Humanitarian Workers

Last Known Accountability Status: Unknown

Victim Classification: Advocate or Humanitarian Worker, Haiti, Medical Condition, Single Adult

Mid-July 2023

According to The Intercept, dozens of migrants arriving at the border were being detained outside, amid a record-setting heatwave in Arizona. Two hours west of Tucson, the Ajo Border Patrol Station received an influx of migrants over the course of the week, roughly beginning on July 16th. While the station can process a couple hundred people a day, The Intercept reported that over 1,000 people had been turning themselves in at the border wall.

Although migrants were being detained outside, Border Patrol officials claimed the outside area was only being used for men, and that migrants had access to meals, water, and a large fan. They confirmed that once these migrants were screened, they were transported to other locations for processing. According to CNN’s report, Border Patrol claimed zero migrants had died in their custody since the beginning of the heat wave, despite the influx of arrivals. 

However, The Intercept revealed that officials refused to answer questions regarding how long people were being kept outside, whether or not children were being detained outside, or if the people detained outside were given emergency medical care. Intercept’s report also states that there was not a canopy above the outside area as Border Patrol agents claimed. 
As the heat worsened, many advocates worried about the safety of the migrants One official stated that by failing to provide resources such as proper heating or cooling equipment, it is essentially impossible for agents to abide by regulations of humane treatment. When interviewing agents anonymously for their report, many officials revealed that they were unaware of who signed off for migrants to be held outside. Some agents believed the treatment was “what they get for coming here illegally”, other agents were appalled at the conditions of the outdoor holding pen, and had liability concerns.

Weisfeldt, Sara, and Rosa Flores. “US Customs and Border Protection Sends Resources to Remote Arizona Area after Increase in Migrant Crossings.” CNN, August 5, 2023. https://www.cnn.com/2023/08/05/us/arizona-border-crossing-migrants/index.html.
Sullivan, Eileen. “This Agency Was Created With a Terrorism Focus. Now It Also Has to Care for Migrants.” The New York Times, July 13, 2023, sec. U.S. https://www.nytimes.com/2023/07/13/us/politics/cbp-border-migrants-immigration-el-paso.html.
Devereaux, Ryan. “Border Patrol Violating Court Order Against Inhumane Treatment of Migrants, Officials Say.” The Intercept, August 28, 2023. https://theintercept.com/2023/08/28/border-migrants-arizona-cages/.
Devereaux, Ryan. “Border Patrol Is Caging Migrants Outdoors During Deadly Arizona Heatwave.” The Intercept, July 21, 2023. https://theintercept.com/2023/07/21/arizona-heatwave-border-patrol-migrants/.
Bosque, Melissa del. “Ajo Residents, Activists Protest Inhumane Conditions for Asylum Seekers.” The Border Chronicle, February 23, 2023. https://www.theborderchronicle.com/p/ajo-residents-activists-protest-inhumane.

Sector(s): Border Patrol, Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Single Adult

June 28, 2023

El Paso-based Border Patrol agent Fernando Castillo allegedly offered a migrant woman “papers” and the ability to stay in the United States in exchange for a $5,000 bribe, and stole $500 from her bag, according to court documents. (Original link)

The migrant woman reported the incident, eventually leading to Castillo being indicted by a grand jury on three counts of wire fraud, bribery by a public official and migrant smuggling following his arrest on June 28, according to federal court records.

— Ameer, Sana. “Report: Border Officer Asked for $5K Bribe to Let Migrant Stay in US.” Laredo Morning Times, August 2, 2023. https://www.lmtonline.com/news/article/border-patrol-agent-bribe-18275015.php.

— “Border Patrol Agent Charged with Bribery, Allegedly Offered Immigration Benefits to Migran.” KOMO, July 28, 2023. https://komonews.com/news/nation-world/border-patrol-agent-accused-of-offering-migrant-immigration-papers-for-5k-fernando-castillo-el-paso-texas-us-mexico-border-immigration.

— “Castillo Criminal Complaint.” U.S. District Court for the Western District of Texas, June 28, 2023. https://drive.google.com/file/d/1FtH87RvUPwZLM4Kg5koKrwR8djWql0KM/view.

— Resendiz, Julian. “Border Agent Allegedly Offered Woman ‘Papers’ for $5,000.” BorderReport, July 27, 2023. https://www.borderreport.com/immigration/border-crime/border-agent-allegedly-offered-woman-papers-for-5000/.

— Weisfeldt, Sara, and Rosa Flores. “US Border Patrol Agent Indicted on Bribery and Smuggling Charges for Allegedly Offering Migrant Immigration ‘papers’ for $5,000.” CNN, August 1, 2023. https://www.cnn.com/2023/08/01/us/us-border-patrol-agent-bribery-charge-migrant-papers/index.html.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Corruption, Non-Return of Belongings

Last Known Accountability Status: Criminal Charges Pending, Under Judicial Review

Victim Classification: Female, Single Adult

June 20, 2023

As the National Immigrant Justice Center and the New York Times reported, asylum seekers placed in “expedited removal” are forced to defend their claims while in CBP’s jail-like holding facilities within days of apprehension, resulting in elevated rates of failing the “credible fear” screening interview that determines asylum eligibility (70 percent failure in June 2023, compared to 26 percent in June 2019). A denial can result in immediate deportation.

The Department of Homeland Security (DHS) promised that people in CBP custody would have access to counsel for the interview, though this rarely happens, and that people would not be held for longer than 72 hours, yet numerous reports indicate people being held for 10 days and some for up to 30 days. Various groups have voiced concerns about the expedited removal process and the severe obstructions to access to counsel for people attempting to seek asylum including limiting access to phones for legal consultations, failing to notify attorneys of their clients’ scheduled screenings and immigration court reviews, denying asylum seekers in CBP custody access to pen and paper, and requiring that people physically sign a notice of entry of appearance to secure the attorney/client relationship, while often failing to facilitate the required signature. The Times observed:

Lawyers cannot meet with clients who are in the custody of Border Patrol. Or call them. Or leave messages for them. There is no system to find out where a client is being held. And the government sets the schedules for key meetings when a lawyer should be present and changes dates and times often without notification.


The failure to notify counsel of credible fear interviews has occurred within the context of persistent communication from attorneys requesting notification. Among cases cited:

An NIJC (National Immigrant Justice Center) attorney seeking to represent two asylum seekers in CBP custody emailed her notices of appearance and requested to attend her clients’ CFIs on three separate occasions over the span of five days. She received no acknowledgement or response. Only upon notifying officials at Department of Homeland Security (DHS) headquarters of these cases was she informed that both of her clients had already been interviewed without counsel present.


The NIJC described the re-traumatizing and destabilizing nature of a truncated screening process, notably for individuals with specific vulnerabilities. Their clients have included youth, LGBTQIA+ individuals, and survivors of sexual violence—each forced to recount their past trauma to an asylum officer within 24 hours of arriving in the United States, all while sitting alone in a phone booth in a carceral setting. Lee VanderLinden, NIJC supervising attorney described the process for one of their clients:

One person I represented had been held in CBP custody for two weeks before she spoke with an asylum officer. During that time, she was denied medical attention despite asking for treatment for her anxiety. She has since been deported, but the government has not told me or her mother to where she was deported.

— National Immigrant Justice Center. “Obstructed Legal Access: June 2023 Update,” June 20, 2023. https://immigrantjustice.org/staff/blog/obstructed-legal-access-june-2023-update.
—Sullivan, Eileen. “Lawyers Say Helping Asylum Seekers in Border Custody Is Nearly Impossible.” The New York Times, July 22, 2023, sec. U.S. https://www.nytimes.com/2023/07/22/us/politics/biden-asylum-policies-border.html.

Sector(s): Border-Wide

Agency(ies): CBP, DHS

Event Type(s): Denial of Access to Asylum, Denial of Access to Counsel, Denial of Protection to Most Vulnerable

Last Known Accountability Status: Unknown

Victim Classification: LGBTQ, Sexual Abuse Victim, Single Adult, Teen

June, 2023

A July 12, 2023 Human Rights First report found that asylum seekers forced to undergo credible fear interviews by telephone from CBP custody, under the Biden administration’s new asylum rule, “face abysmal conditions — including inadequate access to food, hygiene, or medical care — which may lead some to abandon their claims for protection.”

The report related the case of a Venezuelan asylum seeker fleeing government persecution who “accepted voluntary return to Mexico in June 2023 while suffering horrendous medical neglect in CBP custody.”

His asthma was exacerbated by the extreme cold in the CBP jail and he had recently been ill with pneumonia, but he was denied access to an inhaler or other medical care by CBP officers who told him they didn’t care or to “shut up” when he begged for medical attention. Though he feared harm in Mexico because he witnessed Mexican police targeting other Venezuelan migrants due to their nationality, he felt compelled to accept voluntary return to Mexico because of the conditions in CBP detention, according to his attorney at NIJC [National Immigrant Justice Center].

— Asencio, Christina, Eleanor Acer, and Rebecca Gendelman. “Refugee Protection Travesty.” New York: Human Rights First, July 12, 2023. https://humanrightsfirst.org/library/refugee-protection-travesty/.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Abusive Language, Conditions in Custody, Denial of Medical Care

Last Known Accountability Status: Unknown

Victim Classification: Medical Condition, Single Adult, Venezuela

May 25, 2023

“An NIJC attorney was only able to appear with a client in one of the three immigration judge review hearings,” read a National Immigrant Justice Center (NIJC) report about CBP blocking access to counsel for asylum seekers in the agency’s custody. “In this case, the NIJC attorney only knew the review was happening because his client’s wife informed him. CBP refused the attorney’s requests to speak to his client to prepare for the immigration judge review.”

— National Immigrant Justice Center. “Obstructed Legal Access: NIJC’s Findings From 3 Weeks of Telephonic Legal Consultations in CBP Custody,” May 25, 2023. https://immigrantjustice.org/staff/blog/obstructed-legal-access-nijcs-findings-3-weeks-telephonic-legal-consultations-cbp.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Denial of Access to Asylum, Denial of Access to Counsel

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Mid-May, 2023

Reporting on May 25, 2023, the Nogales-based Kino Border Initiative (KBI), which maintains a migrant shelter in Nogales, Sonora, stated, “Organized crime and authorities in Mexico and the U.S. strip asylum seekers of their resources on the journey, exacerbating their suffering.”

Among cases cited:

– Admiel [name changed to protect privacy] faced extortion many times after fleeing Venezuela. In Guatemala, the police demanded 600 quetzales ($77 USD). In Mexico City, Mexican immigration agents took 3,200 pesos ($179 USD). After he had turned himself in to US authorities a few weeks ago, Border Patrol took all his clothing and personal hygiene items. 

– After Leonardo [name changed to protect privacy] tried to enter the US, Border Patrol apprehended him and did not return his belongings. In addition to his clothing and cellphone, they took 7,300 pesos ($408 US).

— “May 25 update from KBI” (Nogales: Kino Border Initiative, May 25, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult, Venezuela

Early May, 2023

Reporting on May 11, 2023, the Nogales-based Kino Border Initiative (KBI), recounted a case of cruel treatment in custody and deliberately misleading conduct involving an asylum seeker.

Henry [name changed to protect privacy] turned himself in to the Border Patrol, where agents told him he would go to an interview to explain his case to a US official. However, that never happened and on the day of his expulsion, CBP agents handcuffed him at the hands, waist, and feet. The handcuffs were too tight and multiple people asked for them to be loosened, but the agents ignored him. “I never in my life have been treated like that: I never thought I’d be treated like a criminal upon arriving in the US,” Henry said. He arrived at KBI the day after his expulsion and still had indentations on his wrists from the handcuffs.

— “May 11 update from KBI” (Nogales: Kino Border Initiative, May 11, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Lying or Deliberate Misleading

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Early May, 2023

Reporting on May 11, 2023, the Nogales-based Kino Border Initiative (KBI), stated “CBP consistently perpetuates abuses, including throwing away migrants’ religious items and personal belongings and separating families.”

Among cases cited:

Armando [name changed to protect privacy] turned himself into the Border Patrol, where agents took his shoes, wallet with $55 USD and 200 Mexican pesos and his Bible. An agent threw away the Bible that had sustained him in his journey from Venezuela in the trash can in front of him.

— “May 11 update from KBI” (Nogales: Kino Border Initiative, May 11, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Confiscation of Documents, Non-Return of Belongings, Religious Freedom Violation

Last Known Accountability Status: Unknown

Victim Classification: Single Adult, Venezuela

Late April, 2023

Reporting on April 27, 2023, the Nogales-based Kino Border Initiative (KBI) stated that, “Multiple expelled asylum seekers detained near El Paso and expelled to Nogales reported that BP confiscated original identification documents and essential medication.”

Among cases cited:

– BP officers threw away Ramon’s [name changed to protect privacy] belongings, including his diabetes medication. 

– BP agents verbally abused Jaime [name changed to protect privacy], saying that Venezuelans have no right to be in the US and that the problems in Venezuela are not their problem. A BP agent confiscated his cellphone, earbuds, money, and Venezuelan ID. He took the ID and cut it in half with scissors in front of Jaime.

– BP agents confiscated all of Paulina’s [name changed to protect privacy] personal property. When BP was transporting them to Nogales for expulsion, they began calling names to return property. They never called Paulina’s name and she told them she needed her Venezuelan ID back. The agents separated her and 3 others who were asking for their IDs back and threatened them, saying “you’re going to jail for making false accusations against an agent.” The agent continued: “I’m going to strip search and send you to jail.” They transported Paulina and the 3 others back to Tucson, where luckily, BP still had their IDs.

“April 27 update from KBI” (Nogales: Kino Border Initiative, April 27, 2023).

Sector(s): El Paso, Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Confiscation of Documents, Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Late April, 2023

Reporting on April 27, 2023, the Nogales-based Kino Border Initiative (KBI), which maintains a migrant shelter in Nogales, Sonora, stated, “Similar to reports Kino documented from people who were laterally expelled to Nogales, MX in 2021, expelled asylum seekers reported many common abuses, such as Border Patrol agents throwing away all their clothing, handcuffing them at the feet, waist and hands for hours at a time, denying basic hygiene items and access to showers for up to a week, and misleading them to believe they were going to see an immigration judge, only to be expelled through another part of the border.”

Among cases cited:

– Briseida [name changed to protect privacy] turned herself in to BP. She was detained for 5 days. She asked to be able to shower because she was menstruating, but the BP agent did not allow her to shower. She also requested sanitary pads, which they never provided to her.

– After turning himself in to BP, Jair [name changed to protect privacy] was detained for 10 days. He was only allowed to shower 1 time and he was never allowed to brush his teeth.

– Olivia [name changed to protect privacy] was detained for 5 days, during which she was allowed to shower only 1 time. She only had the clothes she was wearing when she arrived, as they took away all her other clothing. They confiscated the underwear she was wearing and gave her a pair of underwear that was too small. She had to rip them to be able to wear them. She was never allowed to make a phone call while she was detained, not even to let her family members know she was alive. BP put her on a plane and she could not eat or drink anything on the plane because she was chained at the hands, waist and feet the entire time.

— “April 27 update from KBI” (Nogales: Kino Border Initiative, April 27, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions in Custody, Disregard of Public Health, Gender-Based Harm or Violence

Last Known Accountability Status: Unknown

Victim Classification: Female, Single Adult

Late April, 2023

Reporting on April 27, 2023, the Nogales-based Kino Border Initiative (KBI) stated:

“After false reports circulated on social media and Breitbart News that the US government was no longer expelling Venezuelan nationals to Mexico under Title 42, approximately 1500 asylum seekers turned themselves in to Border Patrol in El Paso, TX to seek protection in the US. Over the past 2 weeks, KBI received 170 Venezuelan nationals flown from El Paso, many of whom were separated from their family members in the process. KBI is aware of 7 couples that were able to reunite in our center. In at least 4 cases, asylum seekers expelled to Nogales had to wait for 7 days to hear from their significant others, who were expelled in places such as Matamoros, Tijuana, and Mexicali.”

Among cases cited:

– Johnny [name changed to protect privacy] left the Venezuelan military after serving for 10 years. He commented on years of having to repress people’s rights: “I had to silence my people’s protests, but I could no longer silence my conscience.” He fled to Peru, where Venezuelan military officers came to search for him, and then to Chile, where they pursued him again. Johnny, his brother and his nephew turned themselves in to Border Patrol in El Paso. The agents refused to listen to Johnny’s asylum case and expelled him, while they processed his brother and nephew into the US.

– Upon turning himself in to Border Patrol, Emanuel [name changed to protect privacy] and his wife were separated. CBP expelled Emanuel in Tijuana and his wife in Nogales. Nearly 500 miles away from his wife and without any money to pay for the $2,800 MX ($154 USD) journey to Nogales, Emanuel rode on top of a cargo train to reunite with his wife. While on the train, he witnessed the kidnapping of another man by a prominent cartel.

– Paulina [name changed to protect privacy] turned herself in to Border Patrol along with her aunt, uncle and cousins. CBP separated Paulina and her aunt from the rest of their family and expelled the 2 of them to Nogales. Paulina’s cousin suffers from a chronic illness and upon turning themselves in, CBP transported him to a hospital in El Paso, Texas. They heard from him because he was allowed to keep his phone while in the hospital, but they are very worried for his health because he was diagnosed with pneumonia and they are going to put him on dialysis. They still do not know where her uncle is.

— “April 27 update from KBI” (Nogales: Kino Border Initiative, April 27, 2023).

Sector(s): El Paso, Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Access to Asylum, Family Separation

Last Known Accountability Status: Unknown

Victim Classification: Family Unit, Single Adult, Venezuela

Mid-April 2023

Reporting on April 27th, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “Over the past 2 weeks, KBI received reports that BP expelled 21 asylum seekers at night, at 8 pm or later, including as late as 2 am. Thirteen people reported they had to sleep outside on the street because they were deported too late to find a shelter.”

Among cases cited:

– BP expelled Yadir [name changed to protect privacy] to Nogales at 9 pm along with about 40 others. They all had to sleep outside in the plaza.

– BP expelled Osman [name changed to protect privacy] to Nogales at 9:30 pm. He had to sleep on the street and he was very cold because BP had thrown away all of his clothing, leaving him with only what he had on his back.

– BP expelled German [name changed to protect privacy] to Nogales at 9 pm. Mexican Immigration agents told him he could sleep on the sidewalk outside the Mexican immigration office.

— “April 27 update from KBI” (Nogales: Kino Border Initiative, April 27, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Early April 2023

On April 2nd, 2023, Customs and Border Patrol Agents (CBP) fatally shot Joel Inbody, a 32-year-old man from West Seneca, New Mexico. Around 8:37pm, a Border Patrol agent began following Inbody’s white Nissan Rogue after it failed to completely stop at a U.S. Border Patrol checkpoint located on Interstate 10. 

After agents began following Inbody, they deployed a spike strip that popped his vehicle’s tires and Inbody exited his car and began walking away on foot. In the video released by CBP, agents attempted to persuade Inbody to release the wooden stick he was carrying and order him to the ground. 

As Inbody continued to walk and ignore their requests, agents deployed their electric tasers in an attempt to subdue him. These attempts failed. After Inbody swung his stick at approaching agents, agents fired. CBP’s official report lists that agents fired at least 16 rounds, and Inbody was officially declared deceased at 5:16 am on April 3rd. 
According to Joel Inbody’s mother, Kim Lewis, Inbody suffers from bipolar disorder and PTSD. She suspects that he had mental health issues during his encounter with border agents, and questions why agents failed to recognize this. Now Lewis, along with her attorney Tom Casey, believes agents could have handled the incident differently and are waiting for answers from CBP as they continue their investigation.

Moretti, Luke, and Daniel Telvock. “West Seneca Man Fatally Shot by Border Agents in New Mexico Desert | Part 1.” News 4 Buffalo, September 25, 2023. https://www.wivb.com/news/investigates/west-seneca-man-fatally-shot-by-border-agents-in-new-mexico-desert-part-1/.
Defense Visual Information Distribution Service. “Use of Force Incident, Las Cruces, New Mexico. April 2, 2023,” May 2, 2023. https://www.dvidshub.net/video/881873/use-force-incident-las-cruces-new-mexico-april-2-2023.
U.S. Customs and Border Protection. “CBP Releases Body-Worn Camera Footage from Agent-Involved Shooting | U.S. Customs and Border Protection,” May 2, 2023. https://www.cbp.gov/newsroom/national-media-release/cbp-releases-body-worn-camera-footage-agent-involved-shooting.
U.S. Customs and Border Protection. “Agents Fire Service Weapons on Non-Compliant Man after He Strikes Agent with Wooden Club; Man Dies at Scene,” April 8, 2023. https://www.cbp.gov/newsroom/speeches-and-statements/agents-fire-service-weapons-non-compliant-man-after-he-strikes.

Sector(s): Border Patrol, CBP

Agency(ies): Border Patrol, CBP

Event Type(s): Fatal Encounter

Last Known Accountability Status: Under DHS Review

Victim Classification: Medical Condition, Single Adult

Mid-March, 2023

Reporting on March 16, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case of expulsion of vulnerable asylum seekers with CBP One appointments without a chance to talk to an asylum officer, and confiscation of documentation in CBP custody. 

William and Obelia [names changed to protect privacy] each had fled Venezuela and met each other on the journey. In Ciudad Juarez, they were able to schedule an appointment through CBPOne for March 12, but in Nogales, Sonora. They had to travel atop La Bestia (cargo train) to get to the appointment. They arrived at 12 pm for their appointment and each explained that they had lost their original IDs while traveling through the Darien Gap. They each had photocopies of their IDs that family members had sent to them after having lost their originals. The CBP agent detained them both at the Nogales POE – Obelia until 8 pm and William until 3 am. The CBP agent confiscated Obelia’s copy of her ID and the paper she had printed with the appointment confirmation. He said, “Do you think I’d let you enter with this?” and, “You crossed through 8 countries to get here- why didn’t you seek asylum in one of those countries? Why the US?” The agents rejected them both for not having original IDs and expelled them to the streets of Nogales, Obelia at 8 pm and William at 3 am.

— “March 16 update from KBI” (Nogales: Kino Border Initiative, March 16, 2023).

Sector(s): Tucson Field Office

Agency(ies): Office of Field Operations

Event Type(s): Confiscation of Documents, Dangerous Deportation, Denial of Access to Asylum

Last Known Accountability Status: Unknown

Victim Classification: Single Adult, Venezuela

Mid February, 2023

Reporting on February 16, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “The application CBPOne continues to impose disparities in access to the asylum process, privileging those with financial resources, higher levels of education and those who happened to get an appointment the first day the process was opened in January and DHS released a larger number of appointments.”

Among cases cited:

Olivia [name changed to protect privacy] fled death threats in Guatemala. After having paid 10,000 quetzales (nearly $1,300 dollars) for the journey, Border Patrol expelled her to Nogales. She is in her 60s and does not know how to use technology; further, the phone she has does not have the capability to download applications. 

“February 16 update from KBI” (Nogales: Kino Border Initiative, February 16, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status:

Victim Classification: Single Adult

Mid February, 2023

Reporting on February 16, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “The parole processes for Cubans, Haitians, Nicaraguans and Venezuelans has many eligibility requirements which make it extremely difficult for people who are fleeing their countries to access.”

Among cases cited:

Norma [name changed to protect privacy] fled Venezuela after having participated in marches opposing the government. She had to return to the country to attempt to renew her passport, but the government refused to renew it. She had to cross the Darien Gap and faced numerous abuses in Mexico. After the cartels stopped the bus she was on and forced all the non-Mexican passengers off, they robbed and beat her. She turned herself into the BP but they expelled her back to Mexico. 

“February 16 update from KBI” (Nogales: Kino Border Initiative, February 16, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation, Endangerment

Last Known Accountability Status: Unknown

Victim Classification: Female, Single Adult

February 7, 2023

Reporting on February 16, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case from February 7, where they “received a group of 20 people from Ecuador, including women and children, who DHS had expelled to Mexico under Title 42, despite the fact that Ecuador is not a country subject to Title 42. Various expelled Ecuadorians showed Kino staff the papers that BP had given them, describing the parole program for Cubans, Haitians, Nicarguans and Venezuelans.”

Among cases cited:

Yliana [name changed to protect privacy] said that the BP agents told them, “I don’t give a **** why you came here- the Ecuadorians go to Mexico” before expelling the group to Nogales, Sonora, Mexico.

“February 16 update from KBI” (Nogales: Kino Border Initiative, February 16, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Denial of Protection to Most Vulnerable, Inappropriate Deportation, Return of Vulnerable Individuals

Last Known Accountability Status: Unknown

Victim Classification: Ecuador, Female, Single Adult

January 15, 2023

A Texas National Guardsman assigned to the Texas state government’s “Operation Lone Star” border mission, Spc. Angel Gallegos, shot and wounded a migrant under still-unclear circumstances near McAllen. Military Times and the Texas Tribune reported:

The shooting took place around 4:20 a.m. Sunday, after two Guardsmen joined Border Patrol agents and a trained dog who tracked a group of migrants to an abandoned house. The soldiers entered the building where three of the four migrants surrendered, the report [an internal Texas Military Department document that the news outlets obtained] said.

According to the document, the fourth migrant tried to flee through a window and resisted when one of the soldiers tried to apprehend him. The migrant wrestled the service member to the ground, striking him with his fists and elbows, the document said. During the struggle, the Guard member drew his M17 pistol and shot the migrant in the left shoulder at close range as the migrant was falling on top of the soldier. The soldier fired once, the document said.

Though it is exceedingly rare for a soldier to fire on a civilian on U.S. soil, Texas state authorities were being opaque about what happened, the Associated Press reported nine days after the incident. The AP added, “Rod Kise, a Border Patrol spokesman, said the ‘shots fired’ incident was under review by Customs and Border Protection’s Office of Professional Responsibility.”

In July 2023, Military Times reported that the Texas Rangers, an investigative arm of Texas’s state Department of Public Safety, declined to bring civilian criminal charges against the Guardsman. “The Texas Military Department, which oversees Guard members on the mission, did not respond to questions about military discipline for Gallegos.”

It was a very rare case of a soldier or guardsman using deadly force against a civilian on U.S. soil. Spc. Gallegos claimed that his handgun went off accidentally during a scuffle with the migrant; the migrant, Ricardo Rodriguez Nieto, claimed that Gallegos shot him from across a room.

— Winkie, Davis, and James Barragan. “Migrant Shot and Injured by National Guard Soldier Patrolling Border.” Military Times, The Texas Tribune, January 19, 2023. <https://www.texastribune.org/2023/01/19/national-guard-migrant-shot-border/>.

— Weber, Paul J. “Texas Silent after Guard Member Shoots Migrant on Border.” Associated Press, January 24, 2023. <https://apnews.com/article/politics-texas-mexico-6f97a21533a0e4c85474a12c31fab97c>.

— Winkie, Davis. “Texas Guardsman Won’t Face Civilian Charges for Migrant Shooting.” Army Times, July 7, 2023. https://www.armytimes.com/news/your-army/2023/07/07/texas-guardsman-wont-face-civilian-charges-for-migrant-shooting/.

Sector(s): Rio Grande Valley

Agency(ies):

Event Type(s): Use of Force

Last Known Accountability Status: Under OPR Investigation

Victim Classification: Single Adult

January 13, 2023

A male citizen of Mexico died on January 13 in the back of a Border Patrol vehicle that was transporting him, handcuffed, from a remote Arizona location to a hospital.

A long narrative that CBP published on February 27 relates that the man was taken first from the field to a Border Patrol operating base, then to the Border Patrol’s Ajo Station in Why, Arizona, then to the Abrazo Buckeye Emergency Medical Center in Buckeye, Arizona. (Original link) It was during the last leg of the trip that the man passed away. “Upon arrival at the ambulance entrance, one of the agents attempted to wake the man to no avail.”

The CBP release narrates that the deceased man at one point “began to kick the interior of the USBP vehicle,” and later was “acting in a combative and agitated manner while sitting in the back seat.” He had “sustained an injury to his left ankle while attempting to elude apprehension,” and agents “suspected the man’s behavior may be related to the ingestion of drugs.”

“The Maricopa County Medical Examiner’s Office performed an autopsy on January 15, 2023,” the release reads. “The final cause and manner of death are pending further investigation including toxicology testing.”

The Arizona Daily Star appeared to have identified the deceased man:

One pending autopsy case at the Maricopa County Medical Examiner’s Office says a man named Martin Peraza-Perez, 34, was in Border Patrol custody the day he died on Jan. 13.

A man with that same name and age was convicted of unauthorized re-entry into the country on or around July 25, 2022. He had been previously removed from the country three times and had also been convicted in Maricopa County Superior Court on a 2013 felony of marijuana transport and/or sale, according to a complaint in the case.

CBP’s Office of Professional Responsibility (OPR) is investigating the incident, and the DHS Office of Inspector-General was notified. “Additionally, CBP’s Office of the Chief Medical Officer and an independent clinician will be conducting a mortality review of this incident.”

— U.S. Customs and Border Protection. “Man Apprehended in Remote Arizona Location Pronounced Deceased,” February 27, 2023. <https://www.cbp.gov/newsroom/speeches-and-statements/man-apprehended-remote-arizona-location-pronounced-deceased>.

— Khmara, Danyelle. “Migrant Dies in Border Patrol Custody in Southern Arizona.” Arizona Daily Star. March 1, 2023. <https://tucson.com/news/local/border/migrant-dies-in-border-patrol-custody-in-southern-arizona/article_1dcb3a1c-b864-11ed-8bba-e30f6a8b3078.html>.

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Conditions of Arrest or Apprehension

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

Victim Classification: Mexico, Single Adult

January 8, 2023

A series of tweets from the Sunland Park, New Mexico Fire Department reported a late-night single-vehicle rollover crash on the Pete Domenici Highway (New Mexico Highway 136)(original link). It reported two fatalities, and eight injuries, all male, among those aboard the vehicle.

The crash was the result of a Border Patrol pursuit, the Deming, New Mexico Headlight reported:

The Border Patrol confirmed in a statement that its agents initiated a traffic stop shortly before the crash on suspicion it was involved in human trafficking. The agency said the driver lost control of the vehicle “within seconds.”

The suspected smuggling is under investigation by Homeland Security Investigations while the accident is investigated by the Doña Ana County Sheriff’s Office. The pursuit itself, meanwhile, is under review by the Office of Professional Responsibility.

— SunlandParkFire [@SunlandParkFire]. “At around 11 PM, Fire/EMS Crews Responded to a Single Vehicle Rollover near MM 6 on Pete Domenici Hwy. 8 Male Patients and 2 Male Fatalities. 2 Patients Taken by Air Ambulance to University Medical Center, 6 Transported by Ground to Other Local Hospitals. 2 Patients Critical. Https://T.Co/Cr7fyS9bcT.” Tweet. Twitter, January 9, 2023. <https://twitter.com/SunlandParkFire/status/1612386320919281666>.

— Garcia, Justin. “Two Dead, Eight Injured in Sunland Park Crash.” Las Cruces Sun-News. January 9, 2023. <https://www.lcsun-news.com/story/news/crime/2023/01/09/two-dead-eight-injured-sunland-park-crash/69792007007/>.

— D’Ammassa, Algernon. “Recent Border Patrol Pursuits Turn Deadly in Southern New Mexico.” Deming Headlight. January 11, 2023. <https://www.demingheadlight.com/2023/01/11/recent-border-patrol-pursuits-turn-deadly-southern-new-mexico/>.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Under ICE-HSI Investigation, Under Local Police investigation, Under OPR Investigation

Victim Classification: Single Adult

January 7, 2023

CBS News shared strong surveillance video footage taken outside an El Paso homeless shelter, showing a Border Patrol agent grabbing a migrant and slamming him to the ground. “The 38-second video, which depicts onlookers observing the incident, does not show what led up to the apprehension or subsequent events.” A CBP statement cited by CBS reported that the agency’s Office of Professional Responsibility is “reviewing the incident.”

The incident happened in the context of a large-scale arrival of migrants to El Paso, some of whom had not turned themselves in to U.S. authorities. Border Patrol agents captured vanloads of migrants during nighttime operations in and near downtown El Paso on January 3 and 4, El Paso Matters reported; NBC News shared video of Border Patrol agents’ sweeps. “You saw the damage afterward. People were crying because they separated families. It was a hard hit. It was emotional. It impacted people,” said a Colombian migrant.

— Montoya-Galvez, Camilo. “Video Shows Migrant Being Slammed to Ground during El Paso Arrest.” CBS News, January 7, 2023. <https://www.cbsnews.com/news/el-paso-migrant-arrest-border-agent-on-video/>.

— Ramirez, Cindy. “Tensions Rise, Hope Falls: Border Patrol Detains Migrants near Sacred Heart.” El Paso Matters, January 4, 2023. <http://elpasomatters.org/2023/01/04/border-patrol-detains-migrants-near-south-el-paso-texas-church/>.

— Ainsley, Julia. “Video Shows Border Agents Arresting Migrants Sleeping by Church Shelter.” NBC News, January 7, 2023. <https://www.nbcnews.com/politics/immigration/video-border-agents-police-arrest-migrants-church-shelter-rcna64718>.

Sector(s): El Paso

Agency(ies): Border Patrol

Event Type(s): Use of Force

Last Known Accountability Status: Under OPR Investigation

Victim Classification: Single Adult

Late December, 2022

Reporting on January 5, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “Kino continues to receive many reports of abuse by Border Patrol and ICE. Over the past 3 weeks, Kino received 10 reports of night-time expulsions between 12 and 5 am.”

Over the past 3 weeks, 5 people reported having to sleep on the street due to being deported between 1 and 4 am.

Uriel [name changed to protect privacy] was deported at 1 am and slept on the street outside the Mexican Immigration Institute in the cold until Grupos Beta (the humanitarian arm of Mexican immigration) could help him in the morning.

— “January 5th Update from KBI” (Nogales: Kino Border Initiative, January 5, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Late December, 2022

Reporting on January 5, 2023, the Nogales-based Kino Border Initiative (KBI) stated, “Kino continues to receive many reports of abuse by Border Patrol and ICE. Over the past 3 weeks, Kino received… 31 reports of belonging confiscation and non-return (25 reports perpetrated by BP and 6 by ICE).”

When Ricardo [name changed to protect privacy] was apprehended, the Border Patrol agents threw away all his clothes and the 2 folders of documents and photos he was going to use in his asylum case.

— “January 5th Update from KBI” (Nogales: Kino Border Initiative, January 5, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Non-Return of Belongings

Last Known Accountability Status: Unknown

Victim Classification: Single Adult

Late December, 2022

Reporting on January 5, 2023, the Nogales-based Kino Border Initiative (KBI) recounted a case of Border Patrol agents using abusive language, including statements that would constitute sexual harassment.

Yordy [name changed to protect privacy] turned himself in to ask for asylum. On the bus transporting him and other migrants to the BP [Border Patrol] station, the agents only spoke to them to make fun of them. They were all male agents and they asked the women they had detained on the bus if any of them were interested in having sex with any of the men there. When the agents counted the men detained on the bus, there was one man of shorter stature and they counted him as “0.5.” Once they arrived at the BP station, he tried to talk to the officials, but they told him to be quiet and that he had no right to speak.

— “January 5th Update from KBI” (Nogales: Kino Border Initiative, January 5, 2023).

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Sexual Assault or Harassment

Last Known Accountability Status: Unknown

Victim Classification: Female, Single Adult