157 Records of Alleged Abusive or Improper Conduct where the victim classification is “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

March 23, 2021

A report from the Kino Border Initiative (KBI) and NETWORK recounted Border Patrol agents’ refusal to allow a Mexican migrant in custody to report a drug-related crime.

A Mexican man entered the United States when individuals associated with organized crime demanded he carry a backpack full of drugs into the United States and threatened him with a razor. When he refused, they beat him.

Once the Mexican man regained consciousness, he turned himself in to Border Patrol. He told agents what happened to him, where Border Patrol could find the drugs and the men who assaulted him who belonged to a criminal gang. Still, the agents kept the man in the vehicle the whole day, picking up other immigrants and giving him only water to drink.

Once they came to the CBP facility and he was processed, he repeated what had happened to him. The CBP agent there laughed and asked if he wanted to file a police report. When he said yes, the agent said it would take too long.

He was never given an opportunity to express his fears about returning to Mexico or give information about the crime that had been committed against him. He was never given medical attention while in CBP custody and was left alone in a cell for long stretches of time despite his weakened state. He was soon expelled back to Mexico.

KBI filed a March 29, 2021 complaint with the DHS Office on Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On April 23, CRCL emailed “that they received the complaint and forwarded it to the OIG. No details were provided about disciplinary actions for officers or recourse for victims of abuse.”

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

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Mexico, Single Adult

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 27, 2021

The Kino Border Initiative reported:

Last weekend the Florence Project was alerted to a pregnant woman at a local hospital who was in Border Patrol custody. Fearing she would be removed without due process and concerned about the vulnerability of pregnant women at the border, the Florence Project requested she be released to the community rather than sent to Mexico. Border Patrol never responded. Two days later the woman reached out from Nogales, Sonora seeking aid.

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

Sector(s): Tucson

Agency(ies): Border Patrol

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: Female, Pregnancy, Single Adult

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 2, 2021

The Kino Border Initiative reported:

Border Patrol expelled a group of 43 Central American and Mexican migrants to downtown Nogales last Tuesday [Feb. 2nd] at 11PM. One Honduran man in the group shared that BP agents did not give them any directives about where they could go to find shelter, nor were any Mexican officials there to receive them upon arrival. The group dispersed, and he continued walking with 2 other migrants. They asked a man on the street where they could find a shelter, and began walking west. As they approached a cemetery, 5 men came toward them, one with a gun. They men forced them into the cemetery at gunpoint, and told them to take out all their belongings. The Honduran man pleaded to keep his phone so he could communicate with his family. In response, one of the assailants began beating him in the ribs and said he would beat him again if he said another word. The men detained them in the cemetery for an hour before finally letting them go.

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

Sector(s): Tucson

Agency(ies): Border Patrol

Event Type(s): Dangerous Deportation

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

Victim Classification: Honduras, Single Adult

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 29, 2021

A Border Patrol agent shot and killed Diosmani Ramos, a 23-year-old Cuban migrant, as he emerged from the Rio Grande in Hidalgo, Texas.

Helen Diéguez, Ramos’s partner, told Univisión that when Ramos reached the river bank, the agent was pointing a gun at him. “Diosmani grabbed a stone, the officer told him to drop it, and when the young man did not do so, he shot him in the chest.” When Ramos fell to the ground after being shot, the agent “told him again to drop the stone, he did not drop it because he was on the ground doubled over in pain, and then the agent shot him five more times.”

“If what they wanted was to grab him, there were many ways to do it, not by shooting him six times in the chest. That’s why we believe it was murder,” Diéguez said.

“The incident occurred while the agent was attempting to apprehend a subject and the agent discharged his weapon,” a CBP release noted, adding, “The incident is currently under investigation by the CBP Office of Professional Responsibility, DHS Office of Inspector General, and the Federal Bureau of Investigation (original link).”

— “UPDATE: CBP Statement on Agent Involved Fatal Shooting in Hidalgo, TX” (Hidalgo: U.S. Customs and Border Protection, January 29, 2021) https://www.cbp.gov/newsroom/speeches-and-statements/update-cbp-statement-agent-involved-fatal-shooting-hidalgo-tx.

— “‘Fue un asesinato’: pareja del joven cubano baleado en la frontera por un agente de la patrulla fronteriza de EEUU” (Miami: Univisión, February 2, 2021) https://www.univision.com/local/miami-wltv/fue-un-asesinato-pareja-del-cubano-baleado-en-la-frontera-por-un-agente-de-la-patrulla-fronteriza-de-eeuu.

Sector(s): Rio Grande Valley

Agency(ies): Border Patrol

Event Type(s): Use of Force

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

Victim Classification: Cuba, 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

January 27, 2021

Relatives of Anastasio Hernández Rojas filed a brief before the OAS Inter-American Human Rights Commission, contending that Border Patrol covered up, and improperly interfered with the investigation of, agents’ role in Hernández’s 2010 death. Video showed numerous Border Patrol agents and CBP officers beating and tasing a hogtied and handcuffed Hernández to death.

The brief contended that the acting deputy chief patrol agent in Border Patrol’s San Diego Sector at the time, Rodney Scott, signed a potentially illegal subpoena to obtain Hernández’s autopsy. (Scott went on to be Border Patrol chief from 2020 to 2021.) It argued that David Aguilar, then the commissioner of CBP, also argued that the use of force against Hernández was justified. It cited John Edward Dupuy, DHS’s assistant inspector general for investigations from 2012 to 2015, who called the DHS Inspector-General’s role “an example of a pattern of dereliction of duty that I observed from the DHS OIG Office of Investigation San Diego field office in investigations involving allegations of use of force by federal agents.”

“The affidavits show that the Border Patrol’s ability to cover its tracks in use-of-force cases, including killings, was built into the agency’s structure,” read an overview published on February 4, 2021 by the Intercept.

— Roxanna Altholtz, Andrea Guerrero, “Additional Observations on Merits” (San Diego: International Human Rights Law Clinic, University of California, Berkeley School of Law and Alliance San Diego, January 27, 2021) https://d3n8a8pro7vhmx.cloudfront.net/alliancesandiego/pages/3138/attachments/original/1612382784/210127_Additional_Observations_on_Merits_Case_14042.pdf?1612382784.

— “Death on the Border: Shocking Video Shows Mexican Immigrant Beaten and Tased by Border Patrol Agents” (United States: Democracy Now! April 24, 2012) https://www.democracynow.org/2012/4/24/death_on_the_border_shocking_video.

— Ryan Devereaux, “Border Patrol Beat an Immigrant to Death and Then Covered It Up” (United States: The Intercept, February 4, 2021) https://theintercept.com/2021/02/04/border-patrol-killing-impunity-iachr/.

Sector(s): San Diego, San Diego Field Office

Agency(ies): Border Patrol, CBP

Event Type(s): Evading Oversight, Use of Force

Last Known Accountability Status: Before Inter-American Human Rights System, Cleared by DHS OIG

Victim Classification: Mexico, Single Adult

January 17, 2021

A report from the Kino Border Initiative (KBI) and NETWORK discussed the experience of a Venezuelan man detained by Border Patrol after entering the United States.

He had narrowly escaped criminals who tried to pull him back to Mexico. They managed to take his backpack, which had his phone and other belongings. It was soon after this that he was detained. He was taken to Ajo Station, where he was forced to sign several documents, most of which were in English, a language he does not speak. He fled Venezuela because of persecution he experienced. When he told the agents he was afraid to return to Venezuela, they asked him which was more dangerous: Mexico or Venezuela. He told them he thought both were dangerous. The following day he was forced to sign papers and said he was being expelled under MPP; he was also told he would be given an opportunity to speak with an immigration official in Tucson the following day. This was a lie; he was never given this opportunity. He was transported to Tucson and expelled to Nogales, Sonora two days later.

KBI filed a January 22, 2021 complaint with the DHS Office of Civil Rights and Civil Liberties (CRCL) and the CBP Office of Professional Responsibility (OPR). On January 29, 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, Lying or Deliberate Misleading

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

Victim Classification: Single Adult, Venezuela

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 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

Late October, 2020

The Kino Border Initiative reported:

A Guatemalan man who arrived in Nogales this week after being returned to Mexico under Title 42 reported that a Border Patrol Agent went through his belongings, took away the pills prescribed to regulate his diabetes, and threw them in the trash. When the man arrived at our Migrant Aid Center, he had gone several days without taking his prescribed medication.

— “October 29 Update From KBI” (Nogales: Kino Border Initiative, October 29, 2020).

Sector(s): Tucson

Agency(ies): Border Patrol

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

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

Victim Classification: Guatemala, Single Adult

Late October, 2020

The Kino Border Initiative reported:

A middle-aged Salvadoran woman who left San Salvador in August is one of over a dozen migrants who arrived in Nogales in the last two weeks and reported multiple abuses during their journey. In Mexico, she suffered poor conditions in detention, where detainees slept 15 to a room on the floor, and were not provided toilet paper, soap, toothpaste or any personal protective equipment, despite the COVID-19 pandemic. Although she attempted to request international protection with US Border Patrol agents twice, both times agents refused to hear her fear claim or connect her to an official who could provide the appropriate fear assessment.

— “October 29 Update From KBI” (Nogales: Kino Border Initiative, October 29, 2020).

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: El Salvador, Female, Single Adult

October 23, 2020

Border Patrol agent Ryan Gonsalves shot and killed David Angel Villalobos-Baldovinos, a Mexican citizen and Tijuana resident who allegedly tried to enter the United States illegally. Gonsalves confronted Villalobos-Baldovinos near the Las Américas outlet mall next to the San Ysidro port of entry. “An alleged scuffle unfolded, and the agent shot Villalobos-Baldovinos once in his upper body,” the San Diego Union-Tribune reported. “The agent suffered minor injuries, though police did not elaborate on the extent of the injuries.”

San Diego police were investigating the shooting. “We’re still putting the pieces together on this,” police Lt. Andra Brown told the Union-Tribune on October 27.

Villalobos-Baldovinos reportedly had family on both sides of the border. He was briefly jailed in San Diego in 2019 for the misdemeanor charge of improper entry (original link).

This would be the first of two Border Patrol-involved fatal shootings in the agency’s San Diego sector within the space of six months. Agents would shoot and kill Silvestre Vargas Estrada on May 14, 2021.

— Brenda Gregorio-Nieto, “One Dead in Shooting Involving Border Patrol Near Las Americas Premium Outlets” (San Diego: NBC 7 San Diego, October 25, 2020) https://www.nbcsandiego.com/news/local/us-border-patrol-involved-in-shooting-in-san-ysidro/2430349/.

— 19-2881 – USA v. Villalobos-Valdovinos (San Diego: U.S. District Court, Southern District of California, July 30, 2019) https://www.govinfo.gov/app/details/USCOURTS-casd-3_19-cr-02881/context.

— David Hernandez, “Police release name of man fatally shot by Border Patrol agent” (San Diego, San Diego Union-Tribune, October 27, 2020) https://www.sandiegouniontribune.com/news/public-safety/story/2020-10-27/police-release-name-of-man-fatally-shot-by-border-patrol-agent.

— “Border Patrol Agent Who Fatally Shot Suspected Border-Jumper ID’d” (San Diego: City News Service, NBC 7 San Diego, November 3, 2020) https://www.nbcsandiego.com/news/local/border-patrol-agent-who-fatally-shot-suspected-border-jumper-idd/2435819/.

Sector(s): San Diego

Agency(ies): Border Patrol

Event Type(s): Use of Force

Last Known Accountability Status: Unknown

Victim Classification: Mexico, Single Adult

October 23, 2020

The New York Times, citing Customs and Border Protection, reported that “Border Patrol agents shot and killed the driver of a car that had been carrying unauthorized immigrants in Laredo, Texas, on Friday, after the car reversed into an agent and pinned him against another vehicle.” Border Patrol acknowledged that an “agent-involved shooting” took place at approximately 10:00 PM (original link).

The agents were reportedly responding to a possible human smuggling incident, along with officials from Immigration and Customs Enforcement Homeland Security Investigations (ICE HSI) and the Webb County, Texas Constable’s Office.

The Times reported:

Border Patrol agents and officials from Homeland Security Investigations, which is part of ICE, identified themselves as they approached the car, officials said.

But the driver “suddenly accelerated in reverse,” pinning a Border Patrol agent and a person whom he had been interviewing against another vehicle, U.S. Customs and Border Protection said in a statement.

The driver did not respond to orders to stop and “agents deployed lethal force to stop the threat,” the statement said.

The driver, who was not identified by name, died at the scene. The Border Patrol agent, who sustained leg injuries, was taken to a hospital and later released.

Two other people in the car were injured. In a video posted to Facebook, Border Patrol Laredo Sector Chief Matthew Hudak said that “agents from both agencies deployed lethal force so stop that threat.” The Laredo Police Department and FBI, he added, were leading the investigation into the incident. “Agents did what they needed to do to protect their fellow agent and to protect the suspect that was being interviewed,” Hudak concluded.

— Michael Levenson, “Border Patrol Agents Fatally Shoot Driver in Texas” (New York: The New York Times, October 25, 2020) https://www.nytimes.com/2020/10/25/us/border-patrol-shooting-texas.html.

— Matthew Hudak, “Initial Statement on an Agent-Involved Shooting in Laredo” (Laredo: U.S. Border Patrol Laredo Sector, October 23, 2020) https://www.cbp.gov/newsroom/speeches-and-statements/initial-statement-agent-involved-shooting-laredo.

— U.S. Border Patrol Laredo Sector, “Agent Involved Shooting Update-Chief Patrol Agent Matthew Hudak” (Laredo: Facebook, October 24, 2020) https://www.facebook.com/watch/?v=262600961857758&ref=sharing.

Sector(s): Laredo

Agency(ies): Border Patrol, ICE

Event Type(s): Use of Force

Last Known Accountability Status: Under FBI Investigation, Under Local Police investigation

Victim Classification: Single Adult

October 14, 2020

A report from the Border Network for Human Rights included the testimony of “A.P.M.R.,” who said she was invasively strip-searched and harassed by CBP Field Operations personnel at El Paso’s Santa Fe (Paso del Norte Bridge) Port of Entry.

On Oct. 14, between 4 and 5 p.m., I crossed the international port of entry. At the port of entry, the officer asked me the reason for my visit to Juarez, to which I responded that I had gone to see a dentist. He asked me to take off my mask and my glasses, then asked me if I had something to declare. I responded I didn’t. He also asked me when was the last time I had been to Juarez. I told him I did not remember, possibly three months ago.

That bothered the officer. He yelled at me, “How are you not able to remember!” Then the officer asked if I had ever had problems. I assumed the question was if I had ever had any issues with the police in the United States, so I answered I had not.

He then called another officer and claimed I was lying to them. They said that I had an issue with immigration back in 2000. I did have an issue 20 years ago, but I had applied for my legal residency and I was approved. I thought it was a thing of the past.

The officer never specified if I had immigration issues; it was just a misunderstanding on my end. However, they took my fingerprints and my picture.

She called another officer and took me into a room. She yelled at me; told me she was going to check me. I thought she was referring to my purse, but no. She yelled at me to raise my hands against the wall and began to inspect me and touch my private parts. She smacked my left thigh and yelled at me to open my legs further. She asked if there was anything in between, referring to my vagina, and I said no.

I was embarrassed, harassed, and sexually assaulted without a reason, motive, or warning. I did nothing wrong or illegal to deserve this treatment. After the officer searched me, she went through my purse and travel bag and found nothing illegal. She questioned me about some pills that I had, and I told her they were for my migraine.

She was yelling at me the whole time, trying to intimidate me, embarrass me, and harass me. Throughout this whole situation, there was another female officer inside the room just looking at us. In the end, the last officer told me that every time I cross the border, I have to declare that I’ve been deported. I was never told this before; I took it as intimidation.

I was treated like a criminal, like an animal that didn’t deserve respect over a simple misunderstanding. None of the officers were wearing masks. They took my fingerprints, took my picture, told me to take my shoes and mask off, and exposed me to potentially catching Covid-19.

The Border Network for Human Rights stated that it shared this and other testimonies in its February 2022 abuse monitoring report “with the agencies involved.”

— The State of Human Rights at the U.S. – Mexico Border: Abuse Documentation 2022 Campaign Report (El Paso, Border Network for Human Rights, February 22, 2022) https://bnhr.org/abuse-documentation-2022-campaign-report/.

Sector(s): El Paso Field Office

Agency(ies): Office of Field Operations

Event Type(s): Abusive Language, Disregard of Public Health, Wrongful Strip Search

Last Known Accountability Status: Unknown

Victim Classification: Female, Single Adult, U.S. Citizen or Resident

Late September, 2020

The Kino Border Initiative reported:

In the past two weeks, KBI documented 5 separate incidents of migrants CBP expelled to downtown Nogales, Sonora between 11PM and 1:30AM. In at least 3 of these incidents, those who were expelled were forced to sleep outside because no hospitality resources were available at that hour. In 4 of those cases, migrants did not receive any documentation to enter Mexico since Mexico’s National Migration Institute (INM) was not open. In one case, a man who INM received requested officials allow him to stay at the office for the night and INM officials refused. He then slept on a bench in downtown Nogales, where he was robbed.

— “October 1 Update From KBI” (Nogales: Kino Border Initiative, October 1, 2020).

Sector(s): Tucson

Agency(ies): CBP

Event Type(s): Dangerous Deportation

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

Victim Classification: Single Adult

Early September, 2020

The Kino Border Initiative reported:

A father of two who fled death threats in Nicaragua arrived in Nogales last week after attempting to cross between ports of entry to request asylum in the U.S. After being abandoned by a guide and waiting with his nephew in the desert for days without food or water, he was detained by Border Patrol. He fainted when they arrived at the detention center, and then was hospitalized for 9 days, during which time he received dialysis for the severe damage done to his kidneys by dehydration.

Border Patrol agents removed him from the hospital in a wheelchair before he received official release from the hospital, and deported him to Mexico with no shoes, socks or underwear, only the hospital gown he was wearing. Hardly able to walk, he was deported alone and forced to walk barefoot over rocky ground to the Mexican immigration office. This, after expressing to numerous Border Patrol agents and hospital staff his fear of returning to Mexico and desire to seek asylum in the U.S.

— “September 17 Update” (Nogales: Kino Border Initiative, September 2020).

Sector(s): Tucson

Agency(ies): Border Patrol

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

Last Known Accountability Status: Unknown

Victim Classification: Medical Condition, Nicaragua, Single Adult

July 26, 2020

CBP reported that Border Patrol agents “observed a suspicious vehicle” near Brackettville, Texas and attempted a vehicle stop (original link). “The driver then attempted to elude agents by fleeing at a high rate of speed,” after which “agents ultimately lost sight of the vehicle,” locating it shortly afterward, rolled over. “The motor vehicle accident resulted in fatalities and serious injuries. The driver of the vehicle fled the scene, but was later apprehended.”

Two people aboard the vehicle died. The Kinney County, Texas Sheriff’s Office posted to Facebook that they “are believed to be illegal alien” (original link).

Texas’s Department of Public Security was investigating, and CBP’s Office of Professional Responsibility had the incident “under review.”

—”CBP Statement On Accident With Fatalities” (Del Rio, U.S. Customs and Border Protection, July 26, 2020) https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-accident-fatalities.

— Facebook post (Kinney County, TX: Kinney County Sheriff’s Office, July 26, 2020) https://www.facebook.com/KinneyCountySheriffsOffice/posts/738457053578706.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Vehicle Pursuit

Last Known Accountability Status: Under OPR Investigation

Victim Classification: Single Adult

July 9, 2020

A CBP officer and a contract security guard shot and killed a man, who was apparently wielding a knife, just inside the U.S. border at the Calexico, California port of entry. The Palm Springs Desert Sun reported:

Pete Flores, director of field operations for U.S. Customs and Border Protection in San Diego, said an individual brandishing a knife approached the agent and the security guard just after 9 a.m. at the international border’s pedestrian crossing.

“As the man approached the CBP officer and the guard with the knife, both drew and fired their weapons, and the man was shot,” Flores said in a written statement.

…Mexican law enforcement officials in Mexicali were dispatched to the pedestrian crossing after receiving reports of an incident there, they said in a statement in Spanish.

Officers observed a man walking toward the gate, carrying a bag over his shoulder. The man was “supposedly” carrying narcotics, the statement said. It said he fled toward the U.S. side of the gate when he saw Mexican police officers.

The man dropped the bag before crossing the international line and, according to the statement, U.S. customs agents shot him after he crossed into the U.S.

According to a CBP statement, the DHS Inspector-General, the FBI, and CBP’s Office of Professional Responsibility were investigating. (Original link) “CBP is also coordinating with the Mexican Consuls General in San Diego and Calexico, Mexican Tax Administration Service (SAT), and the Mexicali Police Department.”

The Mexican consulate in Calexico called on U.S. authorities “for an explanation of the facts and for an exhaustive investigation to clarify the situation, determine responsibilities and determine if there was an excessive use of force.”

— Colin Atagi, Christopher Damien, Omar Ornelas, “US Border Agent, Security Guard shot man at Calexico Border Crossing” (Palm Springs: Desert Sun, July 9, 2020) <https://www.desertsun.com/story/news/crime_courts/2020/07/09/gunfire-reported-near-calexico-united-states-mexico-border/5407043002/>.

— U.S. Customs and Border Protection. “CBP Statement on an Officer Involved Fatal Shooting at the Calexico West Port of Entry,” July 10, 2020. <https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-officer-involved-fatal-shooting-calexico-west-port>.

— Dominguez, Alejandro. “Pide consulado exhaustiva investigación de muerte de connacional por parte de CBP de EU.” La Voz de la Frontera. July 11, 2020. <https://www.lavozdelafrontera.com.mx/policiaca/pide-consulado-exhaustiva-investigacion-de-muerte-de-connacional-por-parte-de-cbp-de-eu-5481409.html>.

Sector(s): San Diego Field Office

Agency(ies): Office of Field Operations

Event Type(s): Use of Force

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

Victim Classification: Single Adult

July 7, 2020

A complaint to the DHS Inspector-General, submitted by the ACLU Foundation of San Diego and Imperial Counties and ACLU Border Rights Center, denounced “CBP officials’ egregious verbal abuse of detained individuals,” including “many instances in which Border Patrol agents verbally abused individuals, including children, in their custody,” including asylum seekers.

Agents berated migrants for traveling to the United States and attempting to exercise their legal right to seek asylum.[16] “Xenophobic nationalism is widespread,” and derogatory comments are often accompanied by threatened or actual physical violence.[17] Agents bully LGBTQ people, equate migrants to animals, and ridicule and humiliate parents trying to protect their children.[18]

The complaint cited numerous explicit examples, some of them reproduced below. All are from interviews with migrants completed between March and July of 2019 with people recently released from Border Patrol custody in San Diego and Tijuana.

This abuse may involve bullying, harassment, threats of violence or other harm, denigration, ridicule, racism, and misstatements about U.S. immigration law, including an individual’s right to seek asylum. Recently detained individuals related the following statements to our investigator: [28]

– “Olvídate del asilo, a la mejor te quitamos a tu hija.”
“Forget about asylum, we might just take away your daughter.”
—Border Patrol agent to woman while interrogating her about why she came to the United States.

– “No mantenemos hijos de nadie.”
“We don’t take care of anyone’s children.”
—Border Patrol agent to a mother when she asked for food for her 1-year old child who had not had any food to eat for an entire day.

– “Cabrona, échate para atrás.”
“You bastard, get back over there.”
—Border Patrol agent to woman as she was entering the country and injured from crossing the border wall.

– “¿Desgraciada, ¿porque tienes tantos niños si no los puedes cuidar? Puta, prostituta.”
“Disgraced woman, why do you have so many kids if you can’t take care of them? Slut, prostitute.”
—Border Patrol agent to a detained mother.

– “¿Cuáles de ustedes maricas sufren de asma?”
“Which of you faggots suffer from asthma?”
—Border Patrol agent to a holding cell of young boys aged 13 to 17.

– “If you keep complaining I will put you with the dogs.”
—Border Patrol agent to woman when she refused to undress for a search during apprehension.

– “Son indios de pata rajada, solo usan sus hijos para entrar.”
“You are all [derogatory expression referring to indigenous peoples], you only use your children to enter [the United States].”
—Border Patrol agent to detained father.

– “¡Aquí no se hace lo que voz dice, se hace lo que yo digo!”
“Here we don’t do what you say, you do what I say!
—Border Patrol agent to pregnant woman asking for water.

– “Are you f***ing retarded? Stop playing with that s***.”
—Border Patrol agent to children playing in holding cell.

– “Váyanse de aquí, ¿qué hacen aquí sí ni hablan inglés?, no valen nada.”
“Get out of here, what are you doing here if you don’t even speak English, you are worthless.”
—Border Patrol agent to woman and her family upon apprehension.

– “No estás en tu casa, ¿tienes mierda en la cabeza?”
“You’re not at home, do you have s*** for brains?”
—Border Patrol agent to woman who asked for a plastic cup to drink water.

– “Joder con ustedes, por eso no mejoran en su país.”
“I’ve f***ing had it with you, this is why you guys don’t advance in your country.”
—Border Patrol agent to detained woman who did not understand his Spanish.

– “I don’t have to tell you, you broke the law, you have no rights.”
—Border Patrol agent to woman when she asked what was on the form she was being instructed to sign.

– “¡Levántense, puercas!”
“Get up, pigs!”
—Border Patrol agent to a cell of detained women.

– “You are an idiot but you sure are good at popping out kids.”
—Border Patrol agent to detained mother.

— “Re: U.S. Border Patrol’s Verbal Abuse of Detained Individuals” (San Diego and El Paso: ACLU Foundation San Diego and Imperial Counties, ACLU Border Rights Center, July 7, 2020) https://cbpabusestest2.files.wordpress.com/2020/10/2020-07-07-dhs-oig-cmplt-4-final.pdf.

Footnotes from above:

[16]: Josiah Heyman, Jeremy Slack & Daniel E. Martínez, Why Border Patrol Agents and Cbp Officers Should Not Serve as Asylum Officers, Ctr. For Migration Studies (June 21, 2019), https://cmsny.org/publications/heyman-slack-martinez-062119/.

[17]: Id.

[18]: See, e.g., id.; Grace Panetta, Border Patrol officials reportedly forced a Honduran migrant to walk around a detention center holding a sign reading ‘I like men’ in Spanish, BUS. INSIDER, July 5, 2019, https://www.businessinsider.com/detained-migrant-forced-hold-sign-reading-i-like-men-report-2019-7?op=1; Nick Valencia, et al., Border Patrol agents allegedly tried to shame a migrant by making him hold a sign reading ‘I like men,’ emails show, CNN, July 4, 2019, https://www.cnn.com/2019/07/04/us/honduran-migrant-shamed-border-patrol/index.html; Andrew Gumbel, ‘They Were Laughing at Us’: Immigrants Tell of Cruelty, Illness and Filth in US Detention, GUARDIAN, Sept. 12, 2018, https://www.theguardian.com/us-news/2018/sep/12/us-immigration-detention-facilities; Cristina Novoa, 5 Revelations From Children in Border Patrol Facilities, CENTER AM. PROGRESS, July 3, 2019, https://www.americanprogress.org/issues/early-childhood/news/2019/07/03/471808/5-revelations-children-border-patrol-facilities/ (“Beyond demonstrating a shocking lack of compassion toward frightened children, testimonies also show that some guards appear to deliberately scare children in their custody”).

[28]: Most of ACLU’s interviews were conducted in Spanish, with contemporaneous notes taken in Spanish by our investigator. Where our notes contain the original Spanish quotes, we have provided that original (as relayed by the interviewee to our investigator) as well as our English translation. At times, our investigator memorialized a statement in English only during her interview (via simultaneous translation). In such cases, we have reproduced her English translation here.
Many of these quotes use degrading and offensive language that we hesitated to reprint. In the end, we decided to reproduce the language reported to remain as faithful as possible to the accounts of those we interviewed.

Sector(s): San Diego

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Conditions in Custody, Denial of Food or Water, Denial of Medical Care, Denial of Protection to Most Vulnerable, LGBT Discrimination or Harassment, Lying or Deliberate Misleading, Racial Discrimination or Profiling

Last Known Accountability Status: Shared with DHS OIG

Victim Classification: Family Unit, Female, Pregnancy, Single Adult