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: 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. 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

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.

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.

4. The majority of the cases by federal enforcement agencies occurred in detention centers and in between ports-of-entr y, and and at ports-of-entr y 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 over whelming 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 Summar y 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 ser vice 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 Entr y a. CBP-OFO should set clear limits and standards in written policy, restricting the application of detaining persons in secondar y inspection at Ports of Entr y (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. 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 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 border network For human rights

5. BNHR Recommendations Regarding Federal Enforcement Policies, Strategies, and Programs of U.S. Government at the Southern Border.

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.

Table 1: Categories of Abuse & Count by Agency

Table 2: Subcategories of Abuse & Count by Agency

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

Figure 1: Alleged Abuses Documented Involving Border Patrol (El

Border Patrol (El Paso Sector)

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