The State of Human & Civil Rights in Texas

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THE STATE OF HUMAN & CIVIL RIGHTS IN TEXAS Binational Abuse Documentation Campaign 2022-2023

Figure 1: Documented Abuses by Agency

5

Local Agencies

41

Federal Agencies

52

6

State Agencies

Documented Cases

Figure 2: Identified Abuses by Agency

23

State Agencies

129

Federal Agencies

177

25

Local Agencies

Identified Alleged Abuses

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

Categories & Subcategories of Abuse Verbal and/or Psychological Abuse

31

Categories of Abuse

Physical Abuse Deprivation of Basic Needs in Detention Violation of Due Process of Law Endangerment Violation of DHS Memorandum on Sensitive or Near Sensitive Areas Unlawful Seizure of Property Misuse of Firearms Violation of Right to Petition and/or Apply for Asylum Unlawful Arrest Improper Search of a Person Unlawful Search of Person (Intimate Parts) Unlawful Temporary Detention Improper Use of Non-Lethal Weapons Improper Search of Private Property Endangering the Life of a Minor Unlawful Prolonged Detention Deprivation of Liberty Racial Profiling (Racism) Gender Discrimination Wrongful Deportation Improper Detention by Police for Violation of Immigration Laws Death due to Immigration Policy Improper Search of a Minor (Intimate Parts) Damage to Property Forfeiture of Documents Use of Obsolete Database Improper Search Exposure to Criminal Violence in Mexico Family Separation Death of a Minor Due to Immigration Policy

DEPRIVATION OF BASIC NEEDS IN DETENTION

10

Subcategories of Abuse

Overcrowding Medical Attention To Minors

PHYSICAL ABUSE Use of disproportionate force Use of disproportionate force on a pregnant woman Disproportionate Use of Force on a Minor

ENDANGEREDMENT Due to Immigration Policy In Situations of Arrest During Pursuit

Violation of DHS Memorandum on Sensitive or Near-Sensitive Areas Police Action at or Near Religious Location

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

Policy Recommendations Based on our analysis of the cases we received in the current campaign, several outcomes are important to mention. These cases reflect the situation we live in at the southern border. While 52 cases were documented during the campaign, we believe these cases reflect the systemic pattern of impunity under which law enforcement agencies interact with migrants, refugees, and border residents.

Below are key findings in the patterns of abuse: 1. Of the total 52 cases, almost eighty percent (41 cases) involve abuse by federal immigration agencies operating at the border. Cases of abuse by local (5 cases) and state (6 cases) enforcement agencies were documented and demonstrate concerning patterns of abuse for migrants, refugees, and border residents.

2. The most concerning abuse documented was death by policy, involving the death of four unaccompanied minors while in HHS and BP Custody, and one minor and three adults in their attempt to reach safety and refuge. a. The three cases involving the deaths of unaccompanied minors while in the custody of Health and Human Services (HHS) represent the aggravated systemic failure that disregards the rights and well-being of refugees and migrants. One case involving Border Patrol (BP) explicitly demonstrates the deprivation of basic necessities while in detention, in which a young minor was denied life-saving medical assistance. b. Two cases involving the deaths of one minor and three adults highlight that U.S. policy has played a major role in encouraging undocumented immigration and pushing migrants to take life-threatening risks in the pursuit of a livelihood in the United States.

3. Other critical cases include the El Paso Sector of the Border Patrol violating the In or Near Sensitive Locations Areas Memorandum of the Department of Homeland Security (DHS). The documented cases illustrate a damaging change of internal practice that directly violates the memorandum. The memorandum instituted key guidelines to restrict enforcement in or near “protected areas” such as places of worship or religious facilities, schools, social service establishments (shelters, community centers, etc), locations where emergency responses are being carried out, funerals, demonstrations or rallies, amongst others. a. Two of the documented cases show an evident violation of the memorandum, in which Border Patrol agents conducted enforcement operations in a religious location premises. The victims expressed deep psychological stress and feared for future actions.

b. In another instance, a Border Patrol agent violently arrested a migrant who was in a social services location (Opportunity Center in El Paso, Texas). The agents carried out the violent arrest in front of children, families, and individuals who were sheltered in those premises.

4. The majority of the cases by federal enforcement agencies occurred in detention centers and in between ports-of-entry, and and at ports-of-entry involving Border Patrol, Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). These documented cases illustrate very troubling violations of civil rights, human rights, infringement on the personal dignity of people by federal agencies, and in some cases, resulting in death: a. The first evident patterns of abuse are the deprivation of basic needs in detention and instances of physical abuse. Of the cases documented, many alleged being unable to shower, deprived of medical attention, and food. b. The cases demonstrate a pattern of verbal and psychological abuse by ICE, BP, and CBP officers where victims were subjected to insults, intimidation, threats, among others. c. The cases demonstrate a pattern of violation of due process of law and violation to seek or request asylum by BP, CBP and ICE. Victims were denied a phone call to reach lawyers and/or relatives, forced to sign documents without proper information or translation, transported across states without their knowledge, and not advised or denied of the legal process to request asylum. d. We found a very troubling case of body searches on women and children (involving the inspection of their private areas). Victims reported outrage for the violation of their personal dignity due to unjustified touching, frisks, and intrusive physical search of their body parts.

5. State meddling in federal immigration enforcement through Operation Lone Star has exposed border residents, migrants, and refugees to overwhelming instances of human and civil rights abuses. State law enforcement agencies do not possess the adequate training, procedures, or guidelines to minimize harm in the communities they serve. a. The heavy presence of State Troopers in border communities due to Operation Lone Star has significantly increased the number of vehicular pursuits throughout populated areas putting the public at unnecessary risk. The Texas Department of Public Safety must publicly review and clarify its procedures on vehicular pursuits through populated areas. It is vital that state policy ensures that the conduct of its agents while driving maximizes the safety of the communities and situations where they are operating.

b. One particular case involving a State Trooper initiated vehicular pursuit caused emotional stress to a mother living in El Paso, who was driving with her children. c. Another case involving a vehicular pursuit of migrants in El Paso demonstrates the agency’s inadequate de-escalation training and procedures. In this instance, two individuals jumped off a bridge to avoid detention after a vehicular pursuit. d. State officers must be educated and trained to properly, legally, and safely serve their respective communities. It is of grave concern that one of the documented cases shows a State Trooper crossing international boundaries to violently arrest an individual.

6. The El Paso Police Department continues to act with impunity in regard to the treatment of border residents. There is a consistent pattern of uncalled-for use of force when interacting with border residents. In four different and unrelated cases, the police officers resort to force, leading to bodily injuries.

III. Executive Summary of Policy Recommendations 1. BNHR Recommendations Regarding Cases of Alleged Abused by Border Patrol and ICE a. Border Patrol personnel must follow the Fourth Amendment—search and seizure of a person’s home, including surrounding property such as yards, patios, and roofs, requires either a judicial warrant or expressed permission of the resident. Border Patrol should lay out specific procedures for obtaining a warrant or resident permission before conducting a search. b. ICE must comply with the Fourth and Fifth Constitutional Amendment rights while engaging in entering homes and private properties. Also, ICE must follow the new administration enforcement priorities and stop throwing “wide-net enforcement practices” that undermine peoples’ rights.

2. BNHR Recommendations Regarding Cases of Alleged Abuse by State Law Enforcement Agencies a. Gov. Abbott and his administration must: i.

Cease and desist on the implementation of Operation Lone Star. This operation is harming the civil and human rights of border communities. It also violates federal law by usurping federal powers to enforce immigration laws. ii.

Withdraw the massive presence of State Troopers and the Texas National Guard from and within border communities. These agencies

do not have the legal authority to enforce immigration laws. These agencies are misusing iii.

DPS must stop harrazing and discriminating border residents and instead work to protect the safety of communities

iv.

The state government must allocate equal resources to improve border communities. Invest in schools, infrastructure, water access, and other quality of life projects.

3. BNHR Recommendations Regarding Cases of Alleged Abuse by El Paso Police Department a. The City of El Paso, Texas, must create through city ordinance, an Independent Police Accountability Commission to review cases of misconduct, abuse, use of force, racial profiling, and wrongful treatment of vulnerable populations by police officers. This Commission would review internal police policies and procedures regarding civil and human rights compliance, standards of use of force, body-worn cameras, systemic racism, and impunity. b. The City of El Paso must put families first by compensating the victims of police brutality committed by officers or employees of the department. c. The City of El Paso must fund social service programs such as drug addiction, mental health, homelessness, non-police rapid response teams, health care access, and others at the same rate and size as the police department funding.

4. BNHR Recommendations Regarding Cases of Alleged Abuse by CBP-OFO at Ports-of Entry a. CBP-OFO should set clear limits and standards in written policy, restricting the application of detaining persons in secondary inspection at Ports of Entry (POE). This should limit the time people can be held in secondary inspection, allow contact with an attorney, and particularly restrict the use of secondary inspection on vulnerable populations such as children, the elderly, pregnant women, and persons with chronic illness.

5. BNHR Recommendations Regarding Federal Enforcement Policies, Strategies, and Programs of U.S. Government at the Southern Border. a. Biden administration must: i.

Unwind and discontinue the Asylum Ban at the border. This program is violating constitutional rights and basic international human rights agreement and is exposing migrant and refugee families to dangerous and extreme situations in Mexican border cities. ii.

Restore the international and constitutional right to asylum.

iii.

Eliminate the detention of unaccompanied minors and instead implement guidelines to reunite children with sponsors, family members,

and only resort to the Department of Health and Human Services (HHS) as a last resort. iv.

For the federal government to legally challenge the State of Texas for usurping federal powers with the implementation of Operation Lone Star. Immigration laws belong to federal powers and states should not institute their own enforcement plans.

v.

Mandate DHS and CBP to reaffirm and reinforce the In or Near Sensitive Locations Areas Memorandum of the Department of Homeland Security (DHS) to ensure access, engagement, and protection in sensible locations or protected areas.

vi.

Broadly implement secure community-based alternatives for individuals who are currently in detention but who do not pose a flight risk or a danger to the community;

b. U.S. Congress must: i.

Enact new policy and legislation to increase transparency, accountability, and community engagement within the Department of Homeland Security, provide independent oversight of border security activities, improve training for agents and officers of the U.S. Customs and Border Protection.

ii.

Do the necessary appropriations and create New Ellis Island Regional Welcoming Centers along the U.S.-Mexico Border. These NEI centers will not be enforcement detention-oriented but would have family-friendly facilities for migrants while they are processed. These centers would house CBP, HHS, and ORR, and they might also include EIOR, immigration judges, and legal aid for migrants.

These centers would process asylum claims near the border, conduct credible fear interviews in a welcoming space, help with contacting families, and transportation. These centers would also have dormitories for migrants with health assistance, a kitchen, and case managers. The NEI Center would also house NGOs that have federal funding to support immigrant families and asylum seekers.

iii.

Pass and enact a broad, inclusive, humane immigration reform policy that; a) legalizes and gives citizenship to the 11 million undocumented Americans; b) reunifies families impacted by deportation and expulsion; c) legalizes the flow of immigrants and families through New Workers Programs that provide them an orderly, peaceful, and legal entry into the country, and with the inherent labor and human rights standards; d) ends the criminalization of immigrant families, among other important provisions.

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THE STATE OF HUMAN & CIVIL RIGHTS IN EL PASO Binational Abuse Documentation Campaign 2022-2023

Figure 1: Alleged Documented Abuses by Agency

4

El Paso Police Department (EPPD)

27

4

State Troopers

11

Border Patrol

Documented Cases

5

Customs & Border Protection (CBP)

3

Immigration Customs Enforcement (ICE)

Figure 2: Identified Alleged Abuses by Agency

22

El Paso Police Department (EPPD)

106

16

42

Border Patrol

Identified Alleged Abuses

State Troopers

12

Customs & Border Protection (CBP)

14

Immmigration Customs Enforcement (ICE)

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

Table 1: Categories of Abuse & Count by Agency CATEGORY OF ALLEGED ABUSE Verbal and/or Psychological Abuse Physical Abuse Deprivation of Basic Needs in Detention Violation of Due Process of Law Endangerment Violation of DHS Memorandum on Sensitive or Near Sensitive Areas Unlawful Seizure of Property Misuse of Firearms Violation of Right to Petition and/or Apply for Asylum Unlawful Arrest Improper Search of a Person Unlawful Search of Person (Intimate Parts) Unlawful Temporary Detention Improper Use of Non-Lethal Weapons Improper Search of Private Property Endangering the Life of a Minor Unlawful Prolonged Detention Deprivation of Liberty Racial Profiling (Racism) Gender Discrimination Wrongful Deportation Improper Detention by Police for Violation of Immigration Laws Death due to Immigration Policy Improper Search of a Minor (Intimate Parts) Total

Border Patrol 9 3 3 3 1 4 2 2 4 0 1 0 1 1 1 1 0 0 0 0 0 0 0 0

CBP 3 1 0 1 0 0 1 0 0 1 0 2 0 0 0 0 0 1 0 1 0 0 0 1

ICE 2 3 3 2 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0

State Troopers 2 1 0 1 2 0 0 1 0 1 0 0 0 0 0 1 0 0 0 0 1 1 1 0

EPPD 3 3 1 0 2 0 0 1 0 1 1 0 1 1 1 0 0 0 1 0 0 0 0 0

TOTAL 19 11 7 7 5 4 4 4 4 3 2 2 2 2 2 2 1 1 1 1 1 1 1 1 88

Border Patrol

CBP

ICE

State Troopers

EPPD

TOTAL

0 0 0

0 0 0

2 0 0

0 0 0

0 0 0

2 0 0

3 0 0

0 0 0

0 0 0

1 0 0

3 0 1

7 0 1

0 1 0

0 0 0

0 0 0

1 0 2

0 2 0

1 3 2

2

0

0

0

0

2 18

Table 2: Subcategories of Abuse & Count by Agency Subcategories of Abuse DEPRIVATION OF BASIC NEEDS IN DETENTION Overcrowding Medical Attention To Minors PHYSICAL ABUSE Use of disproportionate force Use of disproportionate force on a pregnant woman Use of disproportionate force on a minor PLACED IN DANGER OF DEATH Due to Immigration Policy In Situations of Arrest During Persecution Violation of DHS Memorandum on Sensitive or Near-Sensitive Areas Police Action on or Near Religious Location Total

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

Highlited Categories of Abuse: Border Patrol (El Paso Sector)

9

Alleged Abuses Verbal and/or Psychological Abuse

4

3

4

Alleged Abuses

Alleged Abuses Violation of the Right to Petition for Asylum

Violation of DHS Memorandum on Sensitive or Near Sensitive Areas

Alleged Abuses

Physical Abuse

Figure 1: Alleged Abuses Documented Involving Border Patrol (El Paso Sector)

Border Patrol (El Paso Sector) 9

Verbal and/or Psychological Abuse Violation of DHS Memorandum on Sensitive

4

or Near Sensitive Areas 2

Police Action on or Near Religious Premises Violation of the Right to Petition and/or Apply for Asylum

4

Physical Abuse

3

Use of Disproportionate Force

3

Deprivation of Basic Needs in Detention

3

Violation of Due Process of Law

3

Unlawful Seizure of Property

2

Misuse of Firearms

2

Placed in Danger of Death

1

In Arrest Situation

1

Misuse of Non-Lethal Weapons

1

Improper Search of Person

1

Unlawful Temporary Detention

1

Improper Search of Private Property

1

Child Endangerement

1 2

4

6

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

8

10

Highlighted Categories of Abuse: Immigration Customs Enforcement (ICE)

3

Alleged Abuses Physical Abuse

3

2

2

Alleged Abuses Deprivation of Basic Needs in Detention

Alleged Abuses Violation of Due Process of Law

Alleged Abuses Verbal and/or Psychological Abuse

Figure 2: Alleged Documented Abuses involving Immigration Customs Enforcement (ICE)

Immigration Customs Enforcement (ICE) Physical Abuse

3

Deprivation of Basic Necessities in Detention

3

Overcrowding

2

Verbal and/or Psychological Abuse

2

Violation of Due Process of Law

2

Unlawful Seizure of Property

1

Unlawful Prolonged Detention

1 1

2

3

4

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

5

Highlighted Categories of Abuse: Customs & Border Protection (CBP)

3

Alleged Abuses Verbal and/or Psychological Abuse

2

1

1

Presunto Abuso Violacion al Debido Proceso Legal

Alleged Abuses Physical Abuse

Alleged Abuses Registro Indebido de Persona

Figure 3: Alleged Documented Abuses involving Customs & Border Protection (CBP)

Customs & Border Protection (CBP) Verbal and/or Psychological Abuse

3

Unlawful Search of a Person (Intimate Parts)

2

Physical Abuse

1

Violation of Due Process of Law

1

Unlawful Seizure of Property

1

Unlawful Arrest

1

Deprivation of Liberty

1

Gender Discrimination

1

Unlawful Search of a Minor (Intimate Parts)

1 1

2

3

4

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

5

Highlighted Categories of Abuse: State Troopers

2

Alleged Abuses Verbal and/or Psychological Abuse

2

Alleged Abuses Endangerement

1

1

Alleged Abuse Physical Abuse

Alleged Abuse Violation of Due Process of law

Figure 4: Alleged Documented Abuses involving State Troopers

State Troopers Verbal and/or Psychological Abuse

2

Endangerement

2

Due to Immigration Policy

1 2

During Persecution Physical Abuse

1

Use of Disproportionate Force

1

Violation of Due Process of Law

1

Improper Use of Firearms

1

Unlawful Arrest

1

Wrongful Deportation

1

Wrongful Detention by Police

1

for Violation of Immigration Laws Death due to Immigration Policy

1

Child Endangerement

1 1

2

3

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

4

5

Highlighted Categories of Abuse: El Paso Police Department (EPPD)

3

Alleged Abuses Verbal and/or Psychological Abuse

3

1

2

Alleged Abuses Physical Abuse

Alleged Abuse Deprivation of Basic Needs in Detention

Alleged Abuses Endangerment

Figure 4: Alleged Documented Abuses involving the El Paso Police Department (EPPD)

El Paso Police Department (EPPD) Verbal and/or Psychological Abuse

3

Physical Abuse

3 3

Use of Disproportionate Force Use of Disproportionate Force on a Minor

1

Endangerment

2

In Arrest Situation

1

Deprivation of Basic Needs in Detention

1

Improper Use of Firearms

1

Improper Search of Person

1

Unlawful Arrest

1

Unlawful Temporary Detention

1

Racial Profiling Application (Racism)

1

Improper Use of Non-Lethal Weapons

1

Improper Search of Private Property

1 1

2

3

4

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

5

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THE STATE OF HUMAN & CIVIL RIGHTS IN THE TEXAS RIO GRANDE VALLEY Binational Abuse Documentation Campaign 2022-2023

Table 1: Categories of Abuse & Count by Agency CATEGORY OF ALLEGED ABUSE Verbal and/or Psychological Abuse Deprivation of Basic Needs in Detention Improper Temporary Detention Improper Review Violation of Due Process of Law Document Forfeiture Application of Racial Profiling (Racism) Unlawful Deportation Physical Abuse Endangerment Unlawful Seizure of Property Misuse of Firearms Violation of the Right to Petition and/or Apply for Asylum Unlawful Prolonged Detention Gender Discrimination Exposure to Criminal Violence in Mexico Family Separation Total

Border Patrol 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0

CBP 3 0 1 2 1 0 0 1 0 0 0 0 0 0 0 0 0

ICE 3 7 1 0 2 2 1 1 1 0 1 0 1 1 1 1 1

State Troopers 0 0 1 1 0 0 1 0 0 0 0 0 0 0 0 0 0

National Guard 1 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0

Police 1 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0

Total 8 7 4 4 3 3 2 2 1 1 1 1 1 1 1 1 1 42

Table 2: Subcategories of Abuse & Count by Agency

Sub-Categorias de Abuso

Border Patrol

DEPRIVATION OF BASIC NEEDS IN DETENTION Overcrowding Medical Attention To Minors

CBP

ICE

State Troopers

National Guard

2 4

ENDANGEREDMENT v In Situations of Arrest During Pursuit Total

Police

Total 2 4

1

1

7

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

Highlited Categories of Abuse: Border Patrol (RGV Sector) Figure 1: Alleged Documented Abuses Involving Border Patrol (RGV Sector)

Border Patrol (RGV Sector) 1

Document Forfeiture 1

2

3

4

5

Highlighted Categories of Abuse: Immigration Customs Enforcement (ICE)

7

Alleged Abuses Deprivation of Basic Needs in Detention

3

2

Alleged Abuses Verbal and/or Psychological Abuse

2

Alleged Abuses Document Forfeiture

Alleged Abuses Violation of Due Process of Law

Figure 2: Alleged Documented Abuses Involving ICE

Immigration Customs Enforcement (ICE) Deprivation of Basic Needs in Detention

7 2

Overcrowding

4

Medical Attention Verbal and/or Psychological Abuse

3

Violation of Due Process of Law

2

Seizure of Documents

2

Physical Abuse

1

Unlawful Seizure of Property

1

Unlawful Temporary Detention

1

Unlawful Prolonged Detention

1

Racial Profiling (Racism)

1

Gender Discrimination

1

Unlawful Deportation

1

Violation of the Right to Petition and/or Apply for Asylum

1

Exposure to Criminal Violence in Mexico

1

Family Separation

1 2

4

6

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

8

10

Highlited Categories of Abuse: Customs & Border Protection (CBP)

3

Alleged Abuses Verbal and/or Psychological Abuse

2

1

1

Alleged Abuses Unlawful Temporary Detention

Alleged Abuses Violation of Due Process of Law

Alleged Abuses Use of Obsolete Database

Figure 3: Alleged Documented Abuses Involving CBP

Customs & Border Protection (CBP) Verbal and/or Psychological Abuse

3

Use of Obsolete Database

2

Violation of Due Process of Law

1

Unlawful Temporary Detention

1

Wrongful Deportation

1 1

2

3

4

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

5

Figure 4: Alleged Documented Abuses Involving State Troopers

State Troopers Detencion Temporal Indebida

1

Aplicacion de Perfil Racial (Racismo)

1

Revision Indebida

1 1

2

3

4

5

Figure 5: Alleged Documented Abuses Involving the National Guard

National Guard Abuso Verbal y/o Psicologico

1

Puesto en Peligro de Muerte

1

Por Politica Migratoria

1

Uso Indebido de Armas de Fuego

1 1

2

3

4

5

Figure 6: Alleged Documented Abuses Involving Local Police

Local Police Abuso Verbal y/o Psicologico

1

Detencion Temporal Indebida

1

Revision Indebida

1 1

5 2

3

4

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

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THE STATE OF HUMAN & CIVIL RIGHTS IN PRESIDIO Binational Abuse Documentation Campaign 2022-2023

Figure 1: Alleged Documented Abuses by Agency

2

Customs & Border Protection (CBP)

3

1

Border Patrol

Documented Cases

Figure 1: Identified Alleged Abuses by Agency

3

Customs & Border Protection (CBP)

8

Identified Alleged Abuses

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

5

Border Patrol

Highlited Categories of Abuse: Border Patrol (Presidio Sector) Figure 1: Alleged Documented Abuses Involving Border Patrol (RGV Sector)

Border Patrol (Presidio Sector) Physical Abuse

1

Use of Disproportionate Force

1

Deprivation of Basic Necessities in Detention

1

Medical Atention

1

Violation of Due Process of Law

1 1

2

3

Highlighted Categories of Abuse: Immigration Customs Enforcement (ICE) Figure 2: Alleged Documented Abuses involving Customs & Border Protection (CBP)

Customs & Border Protection (CBP) Verbal and/or Psychological Abuse

1

Violation of Due Process of Law

1

Damages to Property

1 1

2

3

©Border Network for Human Rights. Campaña Binacional de Documentacion de Abusos 2022-2023.

Representative Cases of Alleged Abuses El Paso: Border Patrol Case 17 Transcriber: IC Documenter: SH Name of Abused Person: MER Nationality: Unknown Age: Unknown Date of Incident: January 8, 2023 Agency: Border Patrol

Type of Alleged Abuse: ● Physical Abuse ○ Use of Disproportionate Force ● Improper Use of Non Lethal Weapon Location of Incident: Villa del Norte Apartments in El Paso, Texas

"I am M.E.R. and I live in the Villa del Norte apartments in the Lower Valley and a few meters from the border. That day it was at night when I heard a lot of screaming and I could see how a Border Patrol agent was yelling at a couple in the parking lot of the apartments. I could see how the agent was pulling the people and then he shot them with the taser and I heard the people screaming and crying in pain. Here it is common to see agents chasing migrants, but that was an abuse, that agent went too far."

El Paso: Border Patrol Case 12 Transcriber: IC Documenter: RA Name of Abused Person: AM Age: 23 years old Nationality: Venezuelan Date of Incident: January 6, 2023 Agency: Border Patrol

Type of Alleged Abuse: ● Verbal and/or Psychological Abuse ● Physical Abuse ○ Use of Disproportionate Force ● Endangerment of Life ○ Placed in Danger of Death In Arrest Situation ● Violation of In or Near Sensitive Locations Areas Memorandum of DHS Location of Incident: Outside Opportunity Center (Border Agricultural Worker Center), El Paso, Texas

"My name is A.M., my family and I were at the shelter. On January 6, I was withdrawing some money that had been sent to me. When I returned to the shelter, they told me what had happened to my husband and showed me the video. My husband told me that the officer asked him for his documents and he told them that he had them inside the shelter.

He walked towards the shelter, when an officer, speaking to him in Spanish, just pushed him against the glass door, then slammed him on the floor. A second officer also tasered him and aggressively lifted him up. A third tall, dark-haired officer arrived and took my husband away. I want to add that four witnesses, including two children, saw what happened, but they don't want to talk much."

El Paso: Border Patrol Case 11 Transcriber: IC Documenter: DC Name of Abused Person: YV Age: 29 years old Nationality: Venezuelan Date of Incident: January 3, 2023 Agency: Border Patrol

Type of Alleged Abuse: ● Verbal and/or Psychological Abuse ● Physical Abuse ○ Use of Disproportionate Force ● Child Endangerment ● Violation of In or Near Sensitive Locations Areas Memorandum of DHS ○ Police Action on Religious Location Premises Location of Incident: Sacred Heart Church, El Paso, Texas

"On January 3rd at 7:00 in the evening we were outside the Sacred Heart Church, and at that moment a immigration agents arrived, more than 10 Border Patrol patrol cars (white and green). When I realized I grabbed my little girl and ran, my husband grabbed my other child and they also ran. When I ran towards the church, there were the immigration patrols and an agent came up to me, he had a black stick in his hand, and he started yelling a lot of rude things at me, and he raised his hand yelling at me to stop, saying a lot of rude things, and I thought he was going to hit me at that moment and I turned back. I was facing him and then he grabbed the boy who was next to me and threw him to the ground. I turned back, ran towards the store and a lady dropped her phone and when she went back to pick it up, another immigration agent grabbed her jacket and threw her to the ground. I kept running until I reached the door of the church. I was in panic, and I didn't know what else was going on around me, they took many people away using violence.

El Paso: Customs & Border Protection (CBP)

Case 8 Transcriber: Documenter: Name of Abused Person: RA, ME Age: 43, 15 Nationality: Mexican Date of Incident: November 7, 2022 Agency: CBP

Type of Alleged Abuse: ● Improper Search of Person (Intimate Parts) ● Improper Search of a Minor (Intimate Parts) ● Verbal and/or Psychological Abuse Location of Incident: Paso del Norte Bridge in El Paso, Texas.

"On November 7, 2022, my nephew, M.E., age 15, and I were coming from Mexico. Arriving at the Paso del Norte Bridge in El Paso, Texas, we were detained there for almost two hours and they were checking to see if we were bringing him in illegally. They asked him why he didn't speak English and he told them he had forgotten. Well, what outraged me the most was that they took everything out of my suitcases. Besides, they took me to the back in one place and told me that they were going to check me for anything illegal. But when they did, I was surprised because the search was very exaggerated. They touched me inappropriately and one of the officers ran her hand over my private part making me feel bad. I asked them if they always did that and the two officers turned to look at me and between them they laughed. Then I told them that it wasn't right and they said 'ay mija, you're not used to it' and I said, 'They did that to my child too?' And they said, 'I don't know, maybe yes because it's routine' but they kept us apart for a while.”

El Paso: State Troopers Case 22 Transcriber: AL Documenter: Journalistic Note Name of Abused Person: Unknown Nationality: Unknown Age: Unknown Date of Incident: March 22, 2023 Agency: Department of Public Safety/ Texas State Troopers

Type of Alleged Abuse: ● Endangerment ○ Due to Immigration Policy ○ During Persecution ● Death ● Verbal and/or Psychological Abuse Location of Incident: Paisano Street near UTEP

On Wednesday, March 22, a chase began at the West Town shopping center located in West El Paso. A driver with 4 passengers, all of whom were migrants, fled from state troopers. The driver crashed into several vehicles on his way to East Paisano Street. The state police were able to catch up with the pick up truck, the driver stopped and fled along with one of the migrants. The police officers chased them both away, the driver jumped out of the bridge and so did the migrant. Four other passengers remained in the truck and were

detained by the state police. The driver was a Weatherford, Texas man and the migrant was originally from El Salvador. The driver died after the fall while the migrant was transported to the hospital.

El Paso: El Paso Police Department Case 25 Transcriber: AL Documenter: AL Name of Person Abused: Unknown Nationality: Unknown Age: Unknown Date of Incident: February 2023 Agency: El Paso Police Department (EPPD)

Type of Alleged Abuse: ● Physical Abuse ○ Use of Disproportionate Force ● Endangerment ○ During Arrest Situation ● Improper Use of Lethal Weapon ● Verbal and/or Psychological Abuse Location of Incident: Home in the Far East El Paso, Texas

"I was at a house party in East El Paso when a group of police officers entered the house.

Three of the agents grabbed one of the young men and began to put their hands behind his back and continued to push him out of the house. The agents slammed him against the door and took him outside. The rest of the people who remained inside the house closed the door behind the police officers. There were several officers and units of the El Paso Police Department outside, some people were detained inside the cars.

Once outside the house, the group of police officers put their hands behind his back and pushed him against a car. Several people shouted "that's an assault" when they saw how they were treating the young man. One of the two officers slammed the young man's head against the right side of the car several times, then three officers continued pushing him.

One of them punched him in the back of the head and continued to grab him hard by the back of the head.

Other people were being chased around in the street, some were being held on the ground and shot with the taser gun."1

1

KFOX14 News. (2023, February 4). El Paso police respond to viral video showing officer slamming, punching teen against unit. Retrieved from https://kfoxtv.com/news/local/el-paso-police-respond-to-viral-video-showingofficer-slamming-punching-teen-against-unit-far-east-3100-block-of-blue-dirt-internal-affairs-february-4-2023-s ocial-media-twitter-fiyfam-account-online?src=link

El Paso: El Paso Police Department Case 27 Transcriber: AL Documenter: AL Name of Abused Person: Unknown Nationality: Unknown Age: Unknown Date of Incident: April 9, 2023 Agency: El Paso Police Department (EPPD) Type of Alleged Abuse:

Physical Abuse ○ Use of Disproportionate Force ● Endangerment ○ During Arrest Situation ● Improper Use of Lethal Weapon ● Verbal and/or Psychological Abuse Location of Incident: Sandoval Apartments, El Paso, Texas ●

In a video circulating on social media, an El Paso Police Department officer is seen holding a young man on the ground. The officer then has him in a blocking maneuver and then punches him in the face. The young man is seen to end up bloodied.

In the video you can see that there are several people watching what is happening. A man approaches the police officers and is pushed into a car by a police officer. Another young man is also slammed against the wall by an officer, who kneels on him and points his gun.

The motive for the arrest is unknown.

Rio Grande Valley: National Guard Case 15 Transcriber: AL Documenter: AL Name of Abused Person: Unknown Nationality: Unknown Age: Unknown

Date of Incident: January 15, 2023 Agency: National Guard Type of Alleged Abuse: ● Verbal and/or Psychological Abuse ● Misuse of Firearm Location of Incident: West of McAllen, TX

"Around 4:20 a.m. on Sunday, January 15, 2023 I was in an abandoned house somewhere west of McAllen with a group of migrants, there were 4 of us there. Shortly after, border patrol agents and national guard soldiers with a trained dog found us and entered the house. The other three migrants surrendered to the soldiers, but I tried to flee through a window. I resisted the soldier and he hit me to the ground with his fists and elbows. The

soldier then pulled out his pistol and shot me in the left shoulder. I was taken to McAllen Medical Center for evaluation and treatment of my gunshot wound."2

2

Texas Tribune. (2023, January 19). National Guard member shoots and kills migrant at the border. Retrieved from https://www.texastribune.org/2023/01/19/national-guard-migrant-shot-border/

Death by Policy: Border Patrol Case 3 Transcriber: IC Documenter: Journalistic Note Name of Abused Person: ATRA Nationality: Panamanian Age: 8 years old Date of Incident: May 17, 2023 Agency: Border Patrol

Type of Alleged Abuse: ● Death by Immigration Policy ○ Death of a Minor due to Immigration Policy ● Unlawful Prolonged Detention ● Violation of Due Process of Law ● Deprivation of Basic Needs in Detention ○ Deprivation of Medical Care of a Minor Location of Incident: Detention Center in Harlingen, TX

The mother of an 8-year-old Panamanian girl who died in Border Patrol custody charged that agents repeatedly ignored her pleas to hospitalize her as she suffered bone pain, had difficulty breathing and could not walk.

The agents said the diagnosis of influenza given to the girl did not require hospitalization, Mabel Alvarez Benedicks said in an interview. They knew the little girl had a history of heart problems and sickle cell anemia.

"My daughter was killed to me because she was almost a day and a half without breathing," the mother said. "She was crying, begging for her life and they didn't listen to her. They did nothing for her." In the interview with Telemundo 40, the mother added: "They killed my daughter, little by little they killed her.... She died in my arms and they took her away from me...They are murderers".

Alvarez Benedicks, 35, said that she, her husband and three children, ages 14, 12 and 8, crossed the border into Brownsville, Texas, on May 9. When a doctor diagnosed 8-year-old Anadith Tanay Reyes Alvarez with influenza, the family was sent to the Harlingen facility on May 14. It is unknown why she was detained for so long.

On her first day at Harlingen, Anadith woke up with a fever and headache, according to her mother, who said the facility was dusty and smelled like urine. When she told an officer that her daughter's bones hurt, she says he replied, "Ah, your daughter is growing up, that's why her bones hurt. Give her water." "I kept looking at him," Alvarez Benedicks pointed out.

"How is he going to know, if he is not a doctor?"

Death by Policy: Health and Human Services (HHS) Case 4 Transcriber: DB Documenter: DB Name of Abused Person: News Article Nationality: Guatemalan Age: 15 years old Date of Incident: July 10, 2023

Agency: Department of Health and Human Services (HHS) Type of Alleged Abuse: ● Death by Immigration Policy ○ Death of a Minor due to Immigration Policy Incident Location: El Paso, Texas

On Monday, July 10, 2023, a fifteen-year-old Guatemalan migrant died in U.S. custody. She had crossed the U.S.-Mexico border in May 2023 and was taken into the custody of the Department of Health and Human Services (HHS). While in custody, the child was hospitalized due to a "significant pre-existing condition," including in a pediatric intensive care unit in El Paso, Texas. In the week prior to her death, the child's health began to decline. She died on July 10 as "a result of multi-organ failure due to complications of her pre-existing condition." This is the fourth case in which an unaccompanied migrant died in HHS custody in 2023.

Death by Policy: U.S. Policy Case 5 Transcriber: AL Documenter: Journalistic Note/Tweet Name of Person Abused: Unknown Nationality: Unknown Age: Unknown Date of Incident: July 1, 2023

Agency: U.S. Policy Type of Alleged Abuse: ● Death by Immigration Policy ○ Death of a Minor due to Immigration Policy ● Endangerment ○ Due to Immigration Policy Location of Incident: Eagle Pass, Texas

The following information was compiled from a Tweet from Chris Olivares Lieutenant / Spokesperson for the Texas Department of Public Safety: "The U.S. Border Patrol requested assistance regarding a possible child drowning.

Operators from the Tactical Marine Unit (TMU) and Florida Fish and Wildlife Conservation deployed 2 airboats and observed multiple bodies floating along the river. 4 subjects were recovered and placed in the boat. One adult female and one infant were unresponsive. TMU operators immediately performed chest compressions on both. Medical personnel arrived on scene and transported both to Fort Duncan Regional Medical Center, where both were pronounced deceased. The 2 survivors were turned over to the U.S. Border Patrol."3

3

Chris Olivarez, [@LtChrisOlivarez]. (2023, July 3). In the past 48 hours, the TDP Tactical Marine Unit [Tweet].

Twitter. https://twitter.com/LtChrisOlivarez/status/1675972597496918016