The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign 1 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign June 2018 For more information, or with any questions, about this report you can contact Gabriela Castaneda gcastaneda@bnhr.org or 915-577-0724 “Behind Every Abuse is A Community” www.bnhr.org www.fb.com/BorderNetworkForHumanRights 2 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Table of Contents About the Campaign 4 The 2018 Abuse Documentation Campaign 5 Results of the 2018 Abuse Documentation Campaign 6 Images of the 2018 Abuse Documentation Campaign 11 Next Steps to Address Abuses 12 U.S. Border Patrol Summary of Abuses Community Testimonies 13 15 CBP-OFO Summary of Abuses Community Testimonies 21 23 ICE Summary of Abuses Community Testimonies 31 33 Local Law Enforcement Summary of Abuses Community Testimonies 37 40 State Law Enforcement Summary of Abuses Community Testimonies 48 50 Recommendations for Policy and Practice 51 Border Patrol CBP-OFO ICE Local Law Enforcement State Law Enforcement 51 52 54 55 56 Appendix A—Abuse Documentation Intake Form 58 Appendix B—Abuse Documentation Canvass Locations 60 3 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign About the Campaign The Border Network for Human Rights is a 20-year-old community organization that works to educate, organize, and mobilize marginalized communities in the West Texas/Southern New Mexico Borderlands. Our membership of more than 4000 individuals lay out our priorities, and taking these cues from membership, our staff helps implement an agenda that improves quality of life and advances the dignity and rights of all persons. While rooted in the Borderland we work at all scales: state, federal, and local, to bring about positive community change. Since the early 2000s we have documented abuses committed by law enforcement agencies working in our area through an annual Abuse Documentation Campaign (ADC). This allows us to track the wellbeing of area communities and identify problematic patterns of behavior that cause material and psychological harm to residents. Volunteer documenters are trained by BNHR on a process of answering five basic questions: Who did What to Whom, When, and Where? Documentations are conducted through live, in-person interviews that typically run 30 minutes or longer by canvassers who go door-to-door in communities and place tables in high traffic areas like churches, shopping centers, and international bridges. A copy of the documentation intake form is included as Appendix A to this report. BNHR reviews these documented cases to identify the specific abuses committed, work with affected persons and families to identify how they wish to move forward, and consult with local attorneys on potential legal remedies. Moreover, we use this documentation process to drive our ‘El Paso Model’ of dialogue and pressure with law enforcement institutions bringing them to the table with communities to insist on material change. In this approach neither communities nor law enforcement are the problem, but we are both part of the solution. It is our hope that incidents of abuse decline over time. Our first abuse documentation report in 2001 recorded dozens of cases of abuse, with the majority of those cases perpetrated by the U.S. Border Patrol. Since then, by applying this approach of dialogue and pressure to abuses documented by our annual campaigns, we have been able to greatly reduce the number and severity of instances of abuse, while implementing policies such as revised Border Patrol use-of-force guidelines that deemphasize use of lethal force in favor of lesslethal force, de-escalation, and tactical withdrawal. The results of these efforts have been fewer abuses, improved quality of life, greater respect for dignity and rights, and safer communities. 4 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign The 2018 Abuse Documentation Campaign Canvassing for BNHR’s 2018 Abuse Documentation Campaign started on February 1st with more than 120 trained documenters heading out into the community. Over the month of February, these volunteers canvassed more than 33 locations across El Paso, Sunland Park, Montana Vista, Vinton, San Elizario, and other communities throughout the Borderland. With permission from CBP we canvassed crossers at the Zaragoza and Santa Fe Ports-of-Entry. On top of canvassing specific locations teams of volunteer documenters also went door-to-door in El Paso, Sunland Park, and Las Cruces. A full list of locations canvassed as part of the 2018 ADC is included as Appendix B to this report. In addition to these community canvasses, BNHR staff at our El Paso office documented abuses reported by members of the public who would call or drop in. Community canvasses ran through the month of February. A number of abuses reported and documented by staff following the conclusion of the community canvass are also included in this report. While we aim to focus on abuses committed in the past year, we do our best to document and address all reported abuses. This report includes abuses as recent as April and as old as 2012. After cases are documented BNHR staff screen the reports to ensure that they provide clear statements addressing our five key questions: Who did What to Whom, When, and Where. Cases that are missing key information, or that contain misinformation, are excluded and the remaining reports are translated and analyzed for the types of abuses committed. These reports are compared to each other to look for patterns of problematic behavior, targeting of specific populations, or concentrations in specific geographic locations. In total there were 63 total cases documented in the course of the 2018 Abuse Documentation Campaign. Of these, 38 reports suggested specifically identifiable abusive or problematic behavior by border, immigration, or criminal law enforcement agencies. These 38 cases are discussed in the following sections. Other cases not included here either lacked critical identifying information and failed to answer one of the key five questions discussed above, or dealt with a non-law enforcement entity. 5 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Results of the 2018 Abuse Documentation Campaign In the course of this campaign, BNHR received 47 reports of abuses committed by area law enforcement agencies. Six of these cases were discarded because they lacked clear identifying information about the reported incident such as location or agency involved. Three additional cases were discarded as they lacked sufficient evidence of an abuse committed. This left 38 total documented incidents of abuse committed by law enforcement agencies working in El Paso and Southern New Mexico. Total Documented Incidents of Abuse 2009-2018 40 35 30 25 20 Number of Incidents 15 10 5 0 2009 2012 2013 2018 While the above chart is unsurprisingly noisy given the small N, the fact that the 2018 ADC found the highest total incidents of abuse in a decade is a reason for some concern. Abusive incidents were distributed among a number of border, immigration, and law enforcement agencies. The agency with the single largest number of abuses was Border Patrol (BP)—their 11 instances of abuse accounted for more than a quarter (28.9% of total) of the documented reports. The CBP Office of Field Operations (OFO or Customs) accounted for 10 (26.3% of total) abuse reports, and ICE accounted for 7 (18.4% of total) abuse reports. Local law enforcement agencies (e.g. Sheriff’s offices and municipal police) were behind 9 (23.7% of total) abuse reports, although no single agency accounted for more than 2 reports. Finally, State law enforcement agencies (e.g. state police and highway patrol) accounted for 1 (2.6% of total) abuse report from a single agency. There were no 6 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign reports of incidents of abuse from non-border/immigration enforcement Federal agencies (such as FBI, ATF, etc.). State— Distribution of 2018 Abuse Incidents by Agency (N=38) Local Border Patrol (11 Cases / 28.9%) ICE (7 Cases / 18.4%) USBP CBP-OFO (10 Cases / 26.3 %) Local Police (9 Cases / 23.7%) OFO ICE State Police (1 Case / 2.6%) Notably, this represents a major shift in the distribution of instances of abuse among agencies. Customs accounted for 4 incidents in the 2013 ADC; this has increased to 10 incidents this year and their share of reports increased around 50%. Similarly ICE, which accounted for 4 incidents in the 2013 ADC, saw an increase to 7 incidents this year. And most strikingly Border Patrol, which had zero recorded incidents in 2013 rose to 11 reported incidents of abuse this year, and was the agency most cited in reports of abusive practices. State and local law enforcement, which made up 18 of the 25 incidents documented in 2013, saw a drop to a combined 10 reported instances of abuse and a drop in share from 72% of cases to just over a quarter of reports. Whether this shift in the distribution of abusive incidents persists will be important to monitor going into our next ADC. While the drop in instances of abuse committed by state and local law enforcement is encouraging, it is dwarfed by the increase in abusive activity by Federal agencies. It would be unfortunate if those agencies persist in seeing the Trump Administration as allowing impunity for abusive behavior, as facilitated by actions like not prosecuting a Border Patrol agent for false statements made to a U.S. Magistrate Judge following the apprehension of a transgender woman at a family court in El Paso. It would be a grave mistake for agencies and communities alike to undermine the years of constructive and successful work we have undertaken toward collaboratively building community safety in the Paso del Norte region. 7 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Location of Reported Border Patrol Incidents N = 11 Location of Reported Incidents N = 38 Texas (21 / 54%) Texas (2 / 18.2%) New Mexico (17 / 46%) New Mexico (9 / 81.8%) Total Nu m be r of R ep orts in N M = 17 Border Patrol—9 Incidents CBP-OFO—0 Incidents ICE—4 Incidents State and Local Agencies—4 Incidents Total Nu m be r of R ep orts in T X = 21 Border Patrol—2 Incidents CBP-OFO—10 Incidents ICE—3 Incidents State and Local Agencies—6 Incidents In aggregate there were slightly more reported instances of abuse in Texas than in New Mexico in this year’s ADC. More interestingly, it is worth taking a moment to note that there is not an even spatial distribution of abuses committed by each Number of Documented Abuses in the 2018 ADC Wrongful Detention/Arrest Verbal Abuse Unlawful Search Unlawful Entry Racial Profiling Public Endangerment Psychological Abuse Prolonged Detention Pre-textual Stop Intimidation Harassment Family Separation Excessive Use of Force and Physical Abuse Denial of Due Process Acting as Federal Agent Abuses of Authority 3 9 1 8 3 1 12 8 2 13 8 9 1 0 11 4 4 2 4 6 8 Border Network for Human Rights 8 10 12 14 The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign agency. Partially, such as in the case of CBP-OFO, this is a likely artifact of our methodology—we canvassed for abuses at the Zaragoza and Santa Fe Ports-ofEntry and not at the Santa Teresa Port-of-Entry. In the case of Border Patrol, however, it reflects a definite and concerning pattern of abuse. These abuses, focused on the community of Sunland Park in far southern Dona Ana County, are discussed in more detail in the section specifically addressing Border Patrol. Meanwhile, ICE and State/Local agencies showed a more even distribution of reported instances of abuse across the two states. Among these 38 documented abusive incidents, BNHR notes 97 separate abuses; keep in mind a single incident may entail multiple abuses. This is an average of more than 2.5 abuses per reported incident. 18 different types of abuses were documented in this ADC. Distribution of Abuses by Type N=97 Intimidation (13 / 13.4%) Other (19 / 19.6%) Prolonged Detention (8 / 8.2%) Psychological Abuse (12 / 12.4 %) Family Separation (11 / 11.3%) Unlawful Entry (8 / 8.2%) Harassment (8 / 8.2%) Excessive Force & Physical Abuse (9 / 9.3%) Verbal Abuse (9 / 9.3%) The most common abuses noted in these reports were forms of verbal and emotional abuse of community members at the hands of law enforcement. There were 13 instances of intimidation (13.4% of total abuses), 12 cases with psychological abuse (12.4% of total abuses), 11 incidents of family separation (11.3% of total abuses), and 9 occurrences of verbal abuse (9.3% of total abuses)— taken together these account for just shy of half of reported abuses. Other notable reported forms of abuse include 8 cases of harassment (8.2% of total abuses), 8 cases of unlawful entry (8.2% of total abuses), and 8 cases of prolonged detention (8.2% of total abuses). There were 9 incidents involving physical abuse 9 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign or excessive use of force (9.3% of total abuses). Combined, these forms of abuse account for more than 80% of total documented abuses. The full range of abuses can be seen in the chart on page 8 and a breakdown by share is found on page 9. These abuses are also discussed in more depth on an agency-by-agency basis. Distribution of Abuses by Agency N=97 State LEAs 4% Local LEAs 28% ICE 14% Border Patrol 30% Customs 24% Finally, we note, as always, that we do not expect the findings of this campaign represent a perfect census of all abuses committed by border, immigration, or law enforcement agencies toward local communities. Instead, this is a sample of the abuses faced by marginalized border communities residing in the Paso del Norte region. Moreover, the consistent methodology BNHR has used in this work since the early 2000s allows easy tracking and comparison of trends over time, useful in evaluating the situation facing the communities that organize with us. 10 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Images of the 2018 Abuse Documentation Campaign Center Left: Canvassers talk to shoppers at a grocery store in El Paso during BNHR’s 2018 Abuse Documentation Campaign Center Right: Canvassers pose behind their table while out in the field for BNHR’s 2018 Abuse Documentation Campaign Bottom: Canvassers take a selfie while tabling at a grocery store as part of BNHR’s 2018 Abuse Documentation Campaign 11 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Next Steps to Address Abuses While a number of factors keep us from laying out all of our response to the abuses documented in this report, there are three broad tracks BNHR will pursue to ensure that Borderland communities are treated with dignity and respect. 1) We will inform agencies noted in this report of the abuses reported by members of area communities. We have already met with some agencies in this report and will soon move to meet with other identified agencies. As always, we are committed to our ‘El Paso Model’ of building productive, collaborative dialogue between law enforcement agencies and communities to reach real solutions to problems that reduce our dignity, rights, and quality of life. 2) We are evaluating our legal options and potential paths to ensure abuses are heard and addressed in a prompt and thorough manner. We are looking particularly closely at DHS Office of Inspector General complaints, but are keeping our options open and will work with impacted families to pursue the course of action best for them. We are also seeking to identify not only the U.S. laws, but International laws that may also have been violated by these abuses—keeping open the possibility of complaints to organizations such as the United Nations or the Organization of American States. 3) We will use this report and the results of this documentation process to educate policymakers at all levels of government about the realities of life and law enforcement in border communities. It is essential that lawmakers know about problematic actions taken by individuals and agencies under their watch, and that they have real information from communities that can serve as a basis for crafting long-term, systemic solutions to these problems. Additionally, detailed, agency-by-agency recommendations are spelled out in a later section of this report (see pgs. 51-57). And, finally, as always, we will continue to keep our ear to the ground for any signs of emerging abuses or patterns of problematic behavior. Area residents are encouraged at any time to call our office at 915-577-0724 to schedule an appointment to document their abuse. Behind every abuse lies a community, and we can only address these problems by airing our grievances and organizing collectively around solutions. 12 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign U.S. Border Patrol Summary of Abuses Statistical Dashboard • 11 Total Incidents of Abusive Behavior (9 in New Mexico, 2 in Texas) • 9 Types of Abuse Identified • 29 Total Identified Abuses • 4 Reports of Incidents of Abusive Behavior Involving Children Most common abuses: Harassment (7 reports), Unlawful Entry (6 reports), Intimidation (5 reports), Psychological Abuse (5 reports) Summary of Abuses In prior years, the El Paso Model has been notably successful in reducing the number of abusive interactions reported between settled communities residing in the Paso del Norte region and the El Paso Border Patrol Sector. Notably, the 2013 ADC reported no instances of abuse by Border Patrol. Indeed, the willingness of BP to engage with the findings of past ADCs shows the real possibility of building a controlled border that centers true community safety. Worryingly, then, eleven incidents reported this year represent a dramatic uptick from five years prior and are the highest reported number of incidents involving Border Patrol in more than a decade. Moreover, these reports show a clear pattern of abuse centered on the community of Sunland Park, New Mexico. 9 of the 11 reports involving BP documented this year occurred in Sunland Park, and involved a pattern of enforcement behavior that includes: • Repeatedly entering private property without owner permission, including entering patios, climbing on roofs, and sometimes entering houses; • Unnecessarily confrontational and disrespectful behavior toward residents of Sunland Park that aggravates rather than deescalates tensions; • Needlessly dangerous driving through the streets of Sunland Park; • Disruptive night enforcement, centered largely on the use of portable searchlights, which disturb the sleep of local residents. Any of these, by themselves, would be a reason for concern. Taken together, this suggests an enforcement approach that needlessly disrespects, harasses, and violates the constitutional rights of the people of Sunland Park. Even in a moment of increased migratory flows through our region, local communities deserve better, and we hope the El Paso Border Patrol Sector follows the example of 13 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign engaging with communities and seriously moving to address concerns as they have over the past decade. Also worth noting are concerns from the UTEP community about occasional BP bike patrol presence on campus. Given heightened community fears in the Trump era, both faculty and students have expressed concern about agents stopping and observing pedestrian traffic around Centennial Plaza and other locations on campus. This presence intimidates students and erodes the sense of safety needed to have a vibrant learning community on campus. Additionally, these bike patrols seem to contradict existing DHS policy against enforcement at sensitive locations, including schools and other educational institutions. The roster of documented abuses involving Border Patrol is below. There were 29 specific abuses identified across the 11 reported abusive incidents, an average of nearly three abuses per report. 9 different types of abuse were reported in incidents involving Border Patrol. A full list of community testimonies taken in the documentation process follows. Roster of Documented Abuses—29 Total Abuses Identified; 9 Types of Abuse: • • • • • 7 reports of Harassment 6 reports of Unlawful Entry 5 Reports of Intimidation 5 Reports of Psychological Abuse 2 Reports of Excessive Use of Force • • • • 1 Report of Family Separation 1 Report of Prolonged Detention 1 Report of Public Endangerment 1 Report of Another Form of Abusive Behavior (Violation of DHS Sensitive Location Policy) Distribution of Abuses by Border Patrol Harassment Unlawful Entry Intimidation Psychological Abuse Texas Excessive Use of Force Family Separation New Mexico Prolonged Detention Public Endangerment Other 0 1 2 3 4 5 6 14 Border Network for Human Rights 7 8 The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign U.S. Border Patrol Community Testimonies to Incidents of Abuse Border Patrol Name of Alleged Victim: L. S. Date and Time of Incident: Friday March 16, 2018 around 2:00 p.m. Place of Incident: Intersection of Buena Vista and Delta Street Case Documented by: Gabriela Castaneda Case Translated by: Gabriela Castaneda Abuses: Psychological Abuse, Family Separation I, L. S, was walking with my son on the street, close to the intersection of Buena vista and Delta on Friday, March 16. It was around 2: 00 and 2:15 p.m. I was walking with my son because I took him to the doctor for a general exam, my son is 18 years old, after the exam we went to a store to buy cleaning supplies for the house and we were walking, then I heard the sound of the horn of a car, and I did not turn around but my son did and he told me to stop, I turned around and saw the border patrol agent, she approached us and asked us in English if we had an ID, my son showed his ID from Texas, she then asked me if I had an identification, I showed her an identification that was given to me by EPCC, she took a look at the identification and told me that this identification was useless and that he I had no right to be here without papers. She told me that if I did not have documents that I did not have the right to be here, I did not answer anything, and she also told me that if I knew they were picking up people who were walking or who were suspicious and I told them I did not know, that's when she told me that she had to take me with her since I didn’t had papers, I told her that I had 4 children and that I feared for their future and she told me that it was not her problem that the problem was mine, I kept quiet and then I told her that my youngest child was 12 years old and that I worried about what could happen to my son if I was deported and she told me that is your problem they were born here but you did not. My son started crying and begged her not to detain me, she told her that in English, she insisted that she had to take me, she took a picture of the IDs and told me that they were going to lock me up in jail for months and that a judge was going to decide if I could stay or not, but that these could take weeks or even months before I had my immigration court. She then asked me how long I had been living in the United States and I told her that I had been here for over 18 years, she then asked me if I was married and I said yes but that my husband had nothing to do with this, because he wasn’t with us in the moment when she detained us. She then asked me to choose between being taken to detention center right now and spend weeks incarcerated until my immigration court or leave the country at the end of two weeks, I told her that I wanted the two weeks to leave everything in order. She let us go, but she said that ICE will arrive to my home by the end of two weeks and that if I was still there, they would arrest me and deport me. 15 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign I have a daughter, her name is E. H, she has asthma and she is also seeing a doctor and has many appointments. She has had MRI, colonoscopy, endoscopy, and a nurse goes to my home to collect blood sample that later is sent to a lab outside the city. — Border Patrol Name of Alleged Victim: H. V. Date and Time of Incident: 2017 Place of Incident: Brazos, Sunland Park NM Case Documented by: Lourdes Limon Case Translated by: Gabriela Castaneda Abuses: Unlawful Entry (4 th Amendment Violation), Detention, Intimidation, Excessive Use of Force Prolonged One night around 12 midnight, border patrol entered my home with their riffles drawn and they took me to the patio pointing their rifles towards me and yelling at me, telling me that I was a coyote, they took my son O. V and brought him back until 4 am. — Border Patrol Name of Alleged Victim: Date and Time of Incident: Week of January 8 th , 2018 Place of Incident: UTEP Campus Case Documented by: Robert Heyman Case Translated by: Gabriela Castañeda Abuses: Harassment, Psychological Abuse, Violation Location Policy of Sensitive On a weekday around 11:00 am on the week of January 8th-12th, I, J. H, saw three border patrol agents riding bicycles down Hawthorne from rim into campus where they stopped for a prolonged period observing centennial plaza. A university campus is a sensitive location and should not be subject to enforcement, yet there they were. It is hard to see this as anything other than trying to intimidate students and faculty. There were three agents on bicycles wearing clearly identifiable green border patrol uniforms. They talked amongst themselves, but I did not witness them interact with any other persons. They do periodically stop and look around campus during their ride. I am concerned about community intimidation. I see border patrol on campus or hear about them from students, faculty and staff 2-3 times per year. There is a clear pattern of behavior behind these patrols. They were in the middle of campus, never near the storm drains or arroyos were migrants might be traveling. It is hard to see what this could have to do with any legitimate enforcement activity. Campus is a sensitive location under 16 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign border patrol’s own rules and needs to be respected as well. Other faculty who have witnessed this/complained about this include: J. S. in History and J. S. in Anthropology and Sociology. — Border Patrol Name of Alleged Victim: L. L. H. Date and Time of Incident: March 11, 2018 Place of Incident: Camino Real, Sunland Park Case Documented by: Socorro Rodriguez Case Translated by: Gabriela Castañeda Abuses: Unlawful Entry, Intimidation, Harassment, Psychological Abuse My name is L. L. H. I am resident of Sunland Park, NM. My worry and indignation are due to the incident that occurred in my community in Sunland Park on March 11, 2018 by border patrol who was chasing 2 men who tried to escape them, this incident took place very early in the morning. In the chase one of them results dead, the brother of the victim had to ask border patrol for help, but it was useless, because his brother had already died. I as a resident of Sunland Park am very worried for what happened on this incident, since these persecutions are very frequent in this area at any time during the day or night. We have been suffering the harassment by border patrol, who without our authorization, enter our homes and property. Normally we see between 15 and 20 border patrol agents in ATV’s, horses, cars, helicopter and some by foot. The helicopter can be heard and seen very frequently over our homes and at night they direct their reflectors towards our windows. We feel threatened by them and we worry that someday we will be shot by them, since they are armed and may confuse us with someone they may be looking for. The residents of Sunland Park are very worried for what has been happening in our community and we want this harassment by border patrol to end. — Border Patrol Name of Alleged Victim: R. R. Date and Time of Incident: March 11, 2018 Place of Incident: Primera Street, Sunland Park Case Documented by: Lourdes Hernandez Case Translated by: Gabriela Castañeda Abuses: Unlawful Entry, Intimidation My wife and I were having dinner, when suddenly we heard the dogs barking very loud as if someone was teasing them and getting them mad, so I got out to see what was happening and I saw two border patrol agents with flashlights, I asked them what were 17 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign they doing and that I didn’t gave them permission to enter my patio and one of them got very angry and told me to go back into my home and mind my own business, I got mad and I told them that I was going to sue them for having entered my patio without my permission, he replied saying that if I did that, they will accuse me of hiding illegals, after what he said I just stood there looking at them and when they finished searching they left without even saying thanks. — Border Patrol Name of Alleged Victim: M. P. Date and Time of Incident: January 2018 Place of Incident: Rita Street, Sunland Park Case Documented by: Lourdes Hernandez Case Translated by: Gabriela Castañeda Abuses: Unlawful Entry, Harassment, Intimidation, Psychological Abuse Approximately one month ago, about 20 border patrol agents that were chasing people, entered my patio, they were riding horses, some were driving ATV’s and some more arrived by foot. Some of them climbed to the roof of my mobile home, one of them asked my husband permission to come inside the mobile home and my husband didn’t consent. They were also pointing their lamps to my windows, all this started around 8:00 pm and lasted for approximately 4 hours. Later some of the agents left but some remained inside their vehicles. — Border Patrol Name of Alleged Victim: M. P. Date and Time of Incident: 2015 Place of Incident: Rita Street, Sunland Park Case Documented by: Lourdes Hernandez Case Translated by: Gabriela Castañeda Abuses: Unlawful Entry, Harassment, Intimidation This happened 3 years ago, border patrol entered my patio, in this occasion it was around 12 midnight, they covered the entrance to my house with their cars, I couldn’t come in and my husband couldn’t leave the house. They remained there for about 2 hours. I am giving my testimony because I feel intimidated. In this area this is happening very frequently. — Border Patrol Name of Alleged Victim: B. R. 18 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Date and Time of Incident: March 16, 2018 Place of Incident: Desert View Elementary School, Sunland Park Case Documented by: Lourdes Hernandez Case Translated by: Gabriela Castañeda Abuses: Excessive/Unnecessary Use of Force I was walking with my friends in front of Desert View School, when we suddenly see a border patrol car and we started running, maybe we did bad when we started running after we saw them, they chased us until we stopped, they got out of the car and they threw us to the ground, after having done that they asked us what school were we attending, they asked us how old we were, we answered all their questions and they replied that they thought we were undocumented and that they thought we had just crossed. Later they called our moms and ask them to come pick us up and told us not to be around the school area in after school hours because we could be taken as vandals by the neighbors. — Border Patrol Name of Alleged Victim: M. C. N. Date and Time of Incident: Very frequently Place of Incident: Sabine Street, Sunland Park Case Documented by: Lourdes Hernandez Case Translated by: Gabriela Castañeda Abuses: Unlawful Entry, Harassment I, M.C.N. want to document the fact that border patrol can be seen very frequently entering our properties without a search warrant, they do it easily since we don’t have a fence. Very late in the night, we can hear them outside in their ATV’s looking for people and pointing their flashlights towards our windows. We don’t go out because we are afraid of them. — Border Patrol Name of Alleged Victim: M. L. O. Date and Time of Incident: Very Frequently Place of Incident: Los Pinos Street, Sunland Park Case Documented by: Lourdes Hernandez Case Translated by: Gabriela Castañeda Abuses: Harassment I, M. L. O., am documenting what happens in my community in Sunland Park, because is very annoying. Border patrol can be seen very late in the night disturbing the peace, 19 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign pointing towards us and our homes with their flashlights and reflectors. They can be seen riding horses or ATV’s. Their behavior is very annoying to us in the community. — Border Patrol Name of Alleged Victim: L. F. Date and Time of Incident: March 17, 2018 Place of Incident: Sunland Park Case Documented by: Lourdes Hernandez Case Translated by: Gabriela Castañeda Abuses: Harassment, Psychological Abuse, Public Endangerment On Saturday, March 17, 2018 border patrol was patrolling several streets inside my community, specifically, first, second, third, fourth and fifth street around 12 midnight. The cars could be heard racing, they were going very fast, they even turned very fast in the street where I live, they were pointing the reflectors towards the homes. We could see several border patrol cars, even the truck they use for the horses was also speeding. We find out about the incident that happened here in Sunland Park that involved border patrol agents that were chasing two brothers and one of them died. We feel very worried about these incidents. 20 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign CBP—Office of Field Operations Summary of Abuses Statistical Dashboard • 10 Total Incidents of Abusive Behavior (10 in Texas) • 9 Types of Abuse Identified • 23 Total Identified Abuses • 2 Reports of Incidents of Abusive Behavior Involving Children Most common abuses: Verbal Abuse (4 reports), Physical Abuse (3 reports), Excessive Use of Force (3 reports), Intimidation (3 reports), Prolonged Detention (3 reports) Summary of Abuses Issues with treatment of border crossers by Office of Field Operations (OFO or Customs) personnel remain a persistent problem in this region that has carried through BNHR’s ADCs over the past decade. This has held even with increased interest from local OFO leadership in identifying and addressing problems—in particular, we again acknowledge and appreciate the assistance of OFO leadership in facilitating our collection of abuse testimonies at the Zaragoza and Santa Fe bridges as part of this year’s campaign. Sadly, abuse reports from Customs have not abated in 2018 as the 10 reported incidents of abuse at area ports-of-entry are as many cases as the public reported in each of our three most recent prior ADCs combined (CBP accounted for 3 incidents in 2013, 4 in 2012, and 3 in 2009). The most common abuses documented in this year’s report are verbal abuses (such as one case where a woman and her U.S. citizen children were referred to as ‘wetbacks’) or other degrading behavior on the part of OFO personnel (such as a case where a woman, after complying with instructions to dispose of medication she was carrying, was ordered to fish her medication out of the trash and dispose of it pill by pill). In total, six incidents reported in this year’s campaign showed evidence of verbal abuse and another six demonstrated some other form of degrading instructions, accusations, or behavior on the part of OFO personnel. Other problematic behaviors documented at area ports-of-entry included: • Seemingly unfounded accusations (such as accusing an individual of being an animal trafficker) without an opportunity for the individual to contest the accusation much less consult an attorney (and in one case access to an attorney was actively denied by OFO personnel); 21 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign • • Physical abuse and misuse or overuse of force by OFO personnel; And prolonged detention in secondary inspection. Notably, unlike with reported abuses involving Border Patrol, there were no clear patterns, either of problematic behavior or where problems were occurring. This suggests that problems with Customs are spread throughout the region and are endemic to the way the agency currently operates, not to specific locations, times, or individuals. To that point, while the abuses reported here are concentrated in the Zaragoza and Santa Fe bridges, we are confident that this is simply an artifact of our abuse documentation process. Finally, while not documented as part of this ADC, BNHR is concerned about emerging reports** that OFO personnel are being stationed on international bridges at the boundary line between the U.S. and Mexico in an apparent attempt to deny asylum seekers entry into the U.S. If true, as it appears to be, this is a gross violation of both U.S. and international law and a distressing display of contempt for human rights and wellbeing. In the meantime, we, alongside many partners in this community will continue to monitor this situation, and work to ensure the rights of all persons are upheld. The roster of documented abuses involving Customs is below. There were 23 total abuses identified across the 10 incidents, an average of 2.3 abuses per reported incident. 9 different types of abuses were reported in incidents involving OFO. A full list of community testimonies taken in the documentation process is below. Roster of Identified Abuses—23 Abuses Identified; 9 Types of Abuse: • • • • • • • • • 4 3 3 3 3 2 2 1 1 Total reports of Verbal Abuse reports of Physical Abuse reports of Excessive Force reports of Intimidation reports of Prolonged Detention reports of Psychological Abuse reports of Abuses of Authority report of Denial of Due Process report of Harassment See Bob Moore’s story in Texas Monthly for more information: https://www.texasmonthly.com/politics/immigrant-advocates-question-legality-of-latest-federaltactics/ ** For more information on ICE detention conditions 22 we recommend the following reports: DHS** Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign CBP—Office of Field Operations Community Testimonies to Incidents of Abuse CBP Name of Alleged Victim: S. R. Date and Time of Incident: April 9, 2018 Place of Incident: Bridge of the Americas Case Documented by: Margarita Arvizu Case Translated by: Gabriela Castañeda Abuses: Verbal Abuse, Physical Abuse, Intimidation, Prolonged Detention Excessive Use of Force, My name is S. R. and I want to testify against an incident that happened on April 9, 2018, at the International Bridge of Americas. It was around 10:00 am when my husband and I decided to go to Juarez, MX and cross over. We were going to buy ceramic tile that we needed for some remodeling that we were doing to our home. As soon as we entered Juarez, we exchanged money, then we headed to buy the tile and after drove to the bakery to buy bread. After the bakery we drove straight to the bridge of Americas to cross back to El Paso. The lines were moving quite fast, so the waiting was 20 minutes at the most. At the time of arriving to officers’ window to show our passport it was 11:00 a.m. He asked us for our passports and our purpose for crossing to Mexico. My husband responded we had gone for tile and we had also bought some bread. The officer then asked us to roll down all the windows and the officer walked back into his computer. As he was looking at the screen he asked my husband that if he had a cousin named E. My husband responded yes, and the officer commented he had gone to school with him. He then put a yellow note on the front window and said we were being sent into a random inspection. He then leaded towards the lane we needed to part too. We drove to the second inspection and we were directed by two officers to turn off the vehicle, take any personal belongings and cell phones and to step out of the vehicle. We did as we were told and walked over to the side. Both my husband and I were standing at the left side of our SUV while the officers stopped and said for us to get behind the counter, so we did, he then asked for us to step back a little more, so we did without any questioning. At this moment, we were both standing looking towards our vehicle while the officers continued. We started hearing someone yelling from the opposite side of where we were standing. The voice started getting closer and closer yelling “turn around, turn around now’ my husband and I looked at each other with confusion on who he was telling that to. The officer got closer and kept yelling the same thing, we tell him we didn’t know he was directing that instruction to us. I asked him if I can please know whey we were being told 23 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign to turn around with so much aggression. We had obeyed everything the officer had told us to do why were we being treated that way. The same officer then asked for the inspection to stop. He then will continue until my husband and I turned around and put down the phone. My husband then told him that we had rights and the way they were acting toward us was wrong. He also said that we had done nothing wrong, that we had just been taken in for a random inspection. I told the officer that if I was entitled to the right to know what was happening, he then tried to grab my wrist and I pulled back my arm and said do not touch me. My husband then told him that was no way to talk to a lady because he was in my face. He told the officer to have more respect towards a woman. I was just asking calmly and didn’t want any problems. The officer then accused my husband of wanting to push him. My husband raised his hands up, so he can see he was not moving or doing anything to touch him. The officer kept walking in front of my husband walked back getting away from him. After that two officers pulled my husband back grabbing his arms. More officers came to grab my husband and I stood there yelling them for them to stop hurting him. My husband called out my name and I caught his phone when the officers attacked him, and he was put down. I don’t know the exact moment but someone from behind just tackled me down onto the counter and handcuffed me and then felt more officers drag me down to the sidewalk. I kept yelling to them to stop hurting me because I was not resisting but they just kept putting pressure on my legs and my back and my faced pushed down on the cement. I felt officers that were on me. The only thing that I could see was officers running towards us. More and more would come and grab me or my husband already being handcuffed. I then felt officers around me force my arms up to stand me up. One of the female officers told me to shut up and do what I was told. I started feeling more and more the pain on my back and my arm was really hurt. They took both of us into a building where they separated us and did a full body inspection. The officer kept telling to stop shacking and crying. I kept yelling that I couldn’t help what was happening to me that they had hurt me bad. One of the three female officers asked me to take off my shoes and I did and put my shoes to the side. They checked my shoes and put them back on. One of the officers came back and said to take them off again. I took off my shoes and she lifted my right foot and she ran her hand through the bottom and told me to put them back on and wait. Shortly they moved me to a waiting room and handcuffed my left ankle to bottom of wall. At this point I was in a lot of pain on my arm and my back. The officers just kept telling me to calm down. The supervisor came and told me who he was and his chief. He told me that he was going to see what happened and talk to my husband and be back. An officer then came and asked for my information and searched my purse for my identification. She noted all my information and I just waited. After a few minutes supervisor Sosa walked in and told me he had gone over the video and he noticed a lot of things they had done wrong. He then raised his voice and yelled at 24 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign me if I knew I had assaulted an officer and all the charges they can put against for raising my arm. I could not believe what he was telling me that I was in shock and didn’t respond. I couldn’t believe how unfair everything was happening. Supervisor Sosa asked me if I accepted everything that was being accused against me. I told him I did not accept what was being done but if his question was if I heard what he was explaining I understood clearly. After that he kept repeating the same question and I decided to stay quiet. There was no way I could say anything to him the way he kept talking over me. When he stopped and waited for my answer I asked him if he thought it was fair how they had conducted themselves towards us and our rights as American Citizens. He would not answer me and kept saying the same thing. After that I continued my silence. Supervisor Sosa then would come and ask if I wanted water or medical attention, I said no thank you. I was so scared at this point I just wanted to go home. While sitting there I kept hearing officers get called in and commenting on what they had done wrong on the video. An officer from Homeland Security arrived, told me he would speak to my husband and would be right back to talk to me. When the officer returned he asked me to tell him what had happened. I told how everything happened he told me our stories didn’t match up. He left and was writing for a while then came to let me know they were going to let us go, if we signed the violation of failure to comply with signs of directions of Federal Officers. At this moment I knew this was wrong but was the only way they would let us go. I thought it was unfair to be charged with a violation that would remain permanently on my record. The Homeland Officer told me there would be no need to go to court. To just pay with money order to the address or online with a credit card. To just pay the violation. I signed the ticket and was released and my husband after myself. As we walked toward our vehicle, the supervisor Sosa walked with us and told my husband ‘man, next time, just ask for a supervisor’ and my husband responded, you need to teach your men to talk to a lady. He responded with we are working on it. I had some bruises on my arms and very sore from my back, that took me time to breathe with soreness in my back. At some point, even though I was in so much pain, none of that mattered, because the comparison of the humiliation that they put us through was much bigger. It was a nightmare that day and how they violated our rights. — CBP Name of Alleged Victim: A. R. Date and Time of Incident: July 29, 2017 Place of Incident: Zaragoza Bridge Case Documented by: Margarita Arvizu Case Translated by: Gabriela Castaneda Abuses: Verbal Abuse, Prolonged Detention, Denial of Due Process 25 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign I, A. R. tried crossing the Zaragoza international bridge to El Paso on July 29, 2017, I was traveling with my three sons, the agents checked our tourist visas and sent me to a room, I was there since the night until the morning. One of the agents started yelling at me, my children got scared, the agent called a supervisor, they were speaking English, they were saying inappropriate words, maybe thinking that I didn’t understand what they were saying. I told them that I use to work in Juarez, but they were telling me that the last time I crossed I stayed in El Paso for over 15 days, they asked me to sign document, they didn’t allowed me to speak to an immigration attorney, they asked me to call someone that could come and pick up my children and I asked the person who came to pick up my children to get me an attorney, the agents told me I didn’t had rights and they held me there for three hours, then a female agent arrived with some papers, she wanted me to sign them, I refused arguing that it was deportation papers. One of my children has been depressed ever since and he doesn’t want to be in Juarez. — CBP Name of Alleged Victim: K. E. Date and Time of Incident: December 2017 Place of Incident: Zaragoza Bridge Case Documented by: Veronica Macias Case Translated by: Nayeli Saenz Abuses: Psychological Abuse, Physical Abuse, Intimidation I, K. E. was coming from Juarez crossing the Zaragoza bridge I declare that I had medication with me, Tramadol I was asked by the officer if I knew where I lived?, I responded El Paso, the officer responded where in El Paso? and started asking me a lot of questions I was send to inspection I was told to go to line number 1 I was told to throw them away, so I did an officer asked me to pull them out of the trash can. I was disgusted to stick my hand in the trash can, so I answered no then he threatened me that he was going to take away my residency card they handed me a glove and I look for the pills they were at the bottom of the trash can when I pulled out the container the officer told me to throw one by one away. My father was with me but with so much yelling I had to drive home with a headache. — CBP Name of Alleged Victim: G. F. M. Date and Time of Incident: Friday October 19, 2012 around 7:00 p.m. Place of Incident: Zaragoza International Port of Entry Case Documented by: Claudia Diaz 26 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Case Translated by: Gabriela Castaneda Abuses: Physical Abuse, Excessive Use of Force On October 19, 2012 I was crossing the bridge in my car with my daughter M and my wife S and she really needed to go to the bathroom and we had been waiting for an hour and a half. When we finally arrived to where the officer was, he asked me to open the trunk and then I got off the car. I forgot to completely stop the car by hitting the break, but the car was already somehow stopped. When I went down to the trunk, the car started to move, and I returned and hit the brake of the car. The officer got me out of the car with excessive use of force and we struggled, and we fell to the ground. By then M, my daughter wanted to get off the car, but another female officer did not let her go down, and then 5 officers arrived and handcuffed me and took me inside the Zaragoza bridge facilities and before entering the facility they all hit me in different parts of my body, they all were wearing blue uniforms and only one of them was wearing a white uniform with blue, all of them were of Hispanic appearance, when they hit me they gave me electric shocks, like 6 with a device, this was done while I was already on the floor, handcuffed and upside down and could not defend myself. They put me in a room, then another one came in very angry and wanted to hit me, he had a white shirt, but his colleagues did not let him in, they took him out. I was feeling very ill. The ambulance arrived, and they took me to Thomason hospital, I was there until 5:00 am. I did not bring my documents or my belt because the CBP agents kept them. Then they returned my documents to M. about 10:00 pm that same night, this was because M went back from the hospital to the ports of entry and asked for my documents. I need help because I do not want this to happen to anyone else with these abusive people — CBP Name of Alleged Victim: M. C. Date and Time of Incident: February at 2:00 pm Place of Incident: Santa Fe International Bridge Case Documented by: Veronica Macias Case Translated by: Gabriela Castaneda Abuses: Verbal Abuse, Harassment My name is M. C, I was coming from Juarez to El Paso and the CBP agents retained my green card, arguing that I was living in Juarez. Five CBP officers were harassing me all the time, telling me that I was living in Juarez, they searched my car, I told them that I was disabled, due to an injury on my back and that I be worked taking care of my grandsons. In the end they gave me back my green card. 27 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign — CBP Name of Alleged Victim: M. T. P. Date and Time of Incident: December 8, 2017 Place of Incident: Santa Fe International Bridge Case Documented by: Susana Herrera Case Translated by: Gabriela Castañeda Abuses: Verbal Abuse, Abuse of Authority—False Accusation I, M. T. P. crossed the Santa Fe International Bridge on December 8, 2017 around 5:30 pm. When I was crossing they asked me if I had something to declare, I told them that I had a puppy with me, the agent then sent me to the people in the machine, there were two agents, a male and a female and they started yelling at me, they took a copy of my green card and wrote down on the system that I was an animal trafficker. — CBP Name Alleged Victim: R. T. A. Date and Time of Incident: December 27, 2017 Place of Incident: Zaragoza International Port of Entry Case Documented by: Margarita Arvizu Case Translated by: Gabriela Castaneda Abuses: Prolonged Detention, Abuse of Authority—Seizure of Visa My name is R.T.A. on December 27, 2017 I was trying to cross the Zaragoza international bridge along with my sister. I am a US Citizen and my sister has a tourist visa. My sister was detained and interrogated, the agents were arguing that she was living here, they also took my documents. I am a US Citizen since 2009, my sister had tourist visa and permit to travel. They held us there since 7:00 pm to 11:00 pm and they wouldn’t give me my documents, they would come to tell me that my sister was working here, and they went to my car and searched it without my consent and they were threatening me because they wanted me to tell them what they wanted to hear, they were saying that I was going to get in trouble for taking my sister. Later they came back with my documents and told me to leave, they said that they were sending my sister back to Juarez. They took away her permit and tell her that she couldn’t cross in 5 years, they took her fingerprints and I believe that was arbitrary. — CBP Name of Alleged Victim: A. R. Date and Time of Incident: 2017 28 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Place of Incident: Santa Fe International Bridge Case Documented by: Veronica Macias Case Translated by: Gabriela Castaneda Abuses: Psychological Abuse In the year of 2017, I, A. R, crossed the Santa Fe International Bridge because I am a tennis shoes merchant, I showed my tourist visa to the customs and border protection officer and he threw the visa to the ground, arguing that I was living in El Paso, I started crying because it wasn’t true. I picked up my visa from the floor crying. The officer did let me pass, but I felt so humiliated because I had to kneel to pick up my visa. The officer didn’t pick up the visa laser. — CBP Name of Alleged Victim: M. C. and G. C. Date and Time of Incident: December 11, 2017 Place of Incident: Santa Fe International Bridge Case Documented by: Veronica Macias Case Translated by: Gabriela Castaneda Abuses: Racial Profiling On December 11, 2017 My sister G. and I, M. C, crossed the international bridge walking and we were carrying Mexican candies. I am a light skin person, and my sister G has dark skin. I didn’t have any problems passing the inspection, a minute later my sister tried crossing the inspection with the same amount of candies, but the inspector threw them to the trash because of her skin color. My sister was going to Denver, she couldn’t take her candies no more. She is a legal permanent resident of the US. We had the same candies and the same amount, so we believe this had to do with racial profile. — CBP Name of Alleged Victim: J. D. Date and Time of Incident: November Place of Incident: Santa Fe International Port of Entry Case Documented by: Guendi Castro Case translated: Silvia Abuses: Verbal Abuse, Excessive Use of Force, Intimidation One Sunday at noon, me and my three kids were coming from Juarez when we got to the International bridge Santa Fe, at the checkpoint, the inspector asked us what the reason was we were in Juarez, and I responded to him that we were visiting family and friends. The agent asked me again two more times what was the reason, the second time my son 29 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign answered him the same visiting family and friends and then the agent started intimidating him by telling him he was going to call the cops and calling him wetback, that his birth certificate wasn’t his. The agent called my son wetback two times. I asked to speak to a supervisor and then two more agents came and made things worst. They tried to use the electric gun on my son. At that moment my daughter told them that if something happened to her brother that it was going to be on them. At that moment I started screaming at them that they were a bunch of racists. At that moment people started to gather around us, staring at what was happening, so they let me pass, I told them I was going to report this abuse to Border Network for Human Rights. 30 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Immigration and Customs Enforcement Summary of Abuses Statistical Dashboard • 7 Total Incidents of Abusive Behavior (3 in Texas, 4 in New Mexico) • 6 Types of Abuse Identified • 13 Total Identified Abuses • 4 Reports of Incidents of Abusive Behavior Involving Children Most common abuses: Family Separation (6 reports), Intimidation (2 reports), Psychological Abuse (2 reports) Summary of Abuses Like much of the country, the problems documented with ICE in this report center on the agency’s role in separating American families. Cases of family separation dominated the abuses reported in this year’s ADC, found in 6 of the 7 incidents involving ICE. Simply, these separations, especially those that separate parents from children, leave profound psychological, economic, and material impacts that make families and communities worse off. Family separation is also an affront to American values. Notably, the 2018 ADC includes a testimony from an incident where a father, while taking his daughter and a neighbor to wait for the school bus, was surrounded by ICE agents and detained in front of the children—a situation that left the children deeply traumatized. On top of this family separation, the 2018 ADC includes reports of ICE agents behaving badly in their interactions with the public, attempting to intimidate people they encounter, or taunting the families of persons being detained. Finally, although there are methodological limitations in our ability to document abuses in ICE’s second area of focus, immigration detention**, reports presented in this year’s ADC echo larger concerns about both conditions in ICE detention facilities and the agency’s role in undermining the asylum process. Per reports documented in the 2018 ADC, detainees in facilities like the El Paso Processing Center are taunted by their guards, and these poor conditions in prolonged confinement are used to dissuade individuals from pursuing asylum claims or other legal processes. Detainees would rather be deported, sometimes to their likely For more information on ICE detention conditions we recommend the following reports: DHSOffice of Inspector General (https://www.oig.dhs.gov/sites/default/files/assets/2017-12/OIG-18-32Dec17.pdf), and Detained Migrant Solidarity Committee (https://www.fianzafund.org/uploads/1/1/9/5/119527939/dmsc_2016_report.pdf) ** 31 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign deaths, to escape the hell of detention rather than fully pursue their dignity and rights—all in a detention system that is non-criminal and should be non-punitive. The roster of documented abuses involving ICE is below. There were 13 total abuses identified across the 7 incidents, an average of just fewer than 2 abuses per reported incident. 6 different types of abuses were reported in incidents involving ICE. There were no clear geographic patterns to where these abuses occurred—they were reported from locations across this community. A full list of community testimonies taken in the documentation process follows. Roster of Identified Abuses—13 Total Abuses Identified; 6 Types of Abuse • • • • 6 2 2 1 reports of Family Separation reports of Psychological Abuse reports of Intimidation report of Prolonged Detention • • 1 report of Verbal Abuse 1 report of Attempted Unlawful Entry 32 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Immigration and Customs Enforcement Community Testimonies to Incidents of Abuse ICE Name of Alleged Victim: A. N. Date and Time of Incident: February 25, 2018 Place of Incident: McEacherm Place Case Documented by: Margarita Arvizu Case Translated by: Elena Campos Abuses: Family Separation, Attempted Unlawful Entry, Intimidation It was about 6 am in the morning, when someone knocked on my bedroom window. I woke up when the dog started barking. I opened the front door and I did not see anyone, so I closed the door. When I went to the side door I noticed that there were people outside and my daughter S told me that it was ICE. I opened the door and they told me it was the police and by the time they got there I closed and locked it. They asked me for my name and I told them that I was not going to give them my name. They told me they were looking for a person, so I told them I had to see the name of the person they were looking for. They told me to open the door, so they could give me the sheet, but I said I was not going to open the door for them that they could give me the sheet through under the door. They insisted for me to open the door because the sheet did not go through, so I put my hand under the door and they gave me the sheet. I saw that the sheet did not have a seal from a judge. I told them I was not going to open the door if the sheet did not have a seal and the 4th amendment protects me. They then told me that I had to turn him in or else I would have accused of covering him up. They gave me a card and said that if he decided to turn himself in. My daughter asked them to speak Spanish to me. They were outside for about 10 minutes and came back to the door. An agent told me that if he turned himself in that he would talk to his supervisor to put in a good word for him and set a bond for him. — ICE Name Alleged Victim: B. A. U. Date and Time of Incident: February 26, 2018 Place of Incident: Los Toreados Restaurant on Lee Trevino Case Documented by: Margarita Arvizu Case Translated by: Gabriela Castaneda Abuses: Intimidation 33 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign I was in my job when ICE agents arrived at the restaurant where I work around 10:40 am on Monday February 26, 2018. I saw them through the cameras, they were wearing black jackets and presented their ICE identification and they announced that they were coming back on Thursday March 1st. My employer lay me off. Previously one ICE agent had arrived at the restaurant to eat and to ask for the people that was working there. Until now, I really don’t know what happened and my employer told me that he would let me know when to go back to work. It was two agents, a male and a female, I am afraid to go back to work. — ICE Name of Alleged Victim: D. C. Date and Time of Incident: Tuesday February 14, 2017 Place of Incident: South Main St., Mesilla Park, NM Case Documented by: Araceli Alvarado Case Translated by: Gabriela Castaneda Abuses: Family Separation My name is D. C. and my father was deported on February 14, 2017, this makes me feel very sad, I miss him, nothing is the same without him. I used to play sports and he would always support me and he bought me everything I needed to continue playing sports. I feel as if the happiness in my home is no longer here. We had so many plans, we were about to celebrate my birthday party since I was about to become 15 years old but due to his deportation we could no longer celebrate. My dad was not with us anymore and the economy in my house is bad. — ICE Name of Alleged Victim: H. C. Date and Time of Incident: Tuesday February 14, 2017 Place of Incident: South Main St., Mesilla Park, NM Case Documented by: Araceli Alvarado Case Translated by: Gabriela Castaneda Abuses: Family Separation My name is H. C., my father was deported and since then I feel that my world ended, he was the pillar of my house and I am very sad without him. I feel a lot of weight under my shoulders, I finished high school and was only able to do one semester at college, I was saving money to be able to pay for my school tuition, but I had to send the money to my father to help him. I feel very lonely, desperate, I feel anguished for not having my dad with us. 34 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign — ICE Name Alleged Victim: J. M. Date and Time of Incident: January 22, 2018 Place of Incident: Talbot Street, Canutillo, TX Case Documented by: Irma Zacarias Case Translated by: Gabriela Castaneda Abuses: Family Separation, Psychological Abuse, Verbal Abuse On January 22, 2018 around 6:55 am, my husband was taking I, my daughter and D, my neighbor, to the bus stop. My husband and the kids were waiting inside the car for the bus to arrive, suddenly 3 cars pulled over to where my husband was, and the agents asked my husband for identification, he presented his matricula consular, when they saw that identification they asked him to step out of the car and handcuffed him. They asked him if he had anyone that could come pick up the kids and my husband said that he hadn’t anyone, he asked them to take them home since my older son was there. By that time, I called my husband to let him know that I had already arrived at my work and he said that he was being detained in the bus stop and asked me to go pick up the kids. The ICE agents took my kids home in the car that my husband was driving, my husband asked my daughter I to call M (my older son) to ask him to come out of the house and she also lets him know that her dad had been detained by ICE. My son left the house and the ICE agent told him that they were detaining his dad to ask him some questions, my children were very affected due to what was happening. When I arrived to my home at 7:27 am, there was a gray SUV outside my home waiting for me, as soon as I got out of the car, the ICE agent did the same and told me that they had taken my husband because he had a deportation and then he asked me if my husband was under the process of political asylum and I said yes, he told me that my husband had the right to make a call and that he would call me later. He then told me in a mocking tone not to worry, that my husband was in good hands. While my husband was at the detention center, he was told that he couldn’t escape from there, that only a miracle could take him out of there. They told my husband that they were going to throw away his necklace, wallet, and phone and he asked them not to do that, he told them that they could sent that stuff to my home. — ICE Name of Alleged Victim: L. L. Date and Time of Incident: Tuesday February 14, 2017 35 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Place of Incident: South Main St., Mesilla Park, NM Case Documented by: Araceli Alvarado Case Translated by: Gabriela Castaneda Abuses: Family Separation I feel very sad and depressed since my husband was deported, I am very distracted lately, my life has changed dramatically. I see my children sad and depressed, I cannot give them the same things that their father used to provide for them. I don’t know what to do because he is over there, and we are here, and he wants us to go live with him, but I am afraid of the violence in that place. My children had lived in this country since they were very little. I feel trapped, I don’t know what to do, we used to be a very close family. — ICE Name of Alleged Victim: N. A. R. Date and Time of Incident: August 10, 2017 Place of Incident: El Paso Processing Center Case Documented by: Gabriela Castaneda Case Translated by: Gabriela Castañeda Abuses: Prolonged Detention, Psychological Abuse, Family Separation On August 9 or 10, 2017 approximately, I, N. turned myself in at the international ports of entry, I went with my 4 children who are American citizens, the reason that I was turning myself in, is because I was being persecuted by organized crime people ( the line, the Aztecs) I was all day on that bridge, I called my husband to go to pick up my children and he arrived in an hour and picked them up, I stayed in custody, then they transported me to the detention center of Montana and Hawkins, I was interviewed for credible fear and I passed it but they denied me the asylum. I was detained for 6 months in the detention center, on January 4 I had my last court and they denied me the asylum, they gave me 30 days to appeal, but I did not want to appeal because I was very desperate for being locked up so long without my children. I am asking that my deportation process be accelerated to be with my children, they are in Juarez with my husband. 36 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Local Law Enforcement Agencies Summary of Abuses Statistical Dashboard • 9 Total Incidents of Abusive Behavior (4 in New Mexico, 5 in Texas) • 13 Types of Abuse Identified • 28 Total Identified Abuses • 5 Reports of Incidents of Abusive Behavior Involving Children Most common abuses: Verbal Abuse (4 reports), Officers Acting as Immigration Agents (3 reports), Intimidation (3 reports), Psychological Abuse (3 reports), Wrongful Detention and Arrest (3 reports), Family Separation (3 reports) Summary of Abuses While in aggregate Local Law Enforcement Agencies (Local LEAs) accounted for 9 reported incidents documented in the 2018 ADC, almost as many as OFO, these incidents were spread across six different agencies. As a result no individual local agency is responsible for more than two reported incidents of abuse. The El Paso County Sheriff’s Office, El Paso Police Department, and Sunland Park Police Department each were connected to two reported incidents of abuse. Additionally, each of the Dona Ana County Sheriff’s Office, Las Cruces Police Department, and Socorro Police Department were responsible for a single reported incident of abuse. Given the disparate agencies responsible for the abuses documented in this section of the report there is no geographic pattern to abuses by Local LEAs. However, there are some patterns in their problematic behavior: • Four reported incidents involved local law enforcement directly coordinating with immigration authorities or making inquiries into immigration status. These were split evenly between Texas and New Mexico. More, one additional case in Texas resulted in a woman being turned over to ICE custody after she was booked into the local jail. In all, half of reports involving Local LEAs either directly included or were conjoined with immigration enforcement and four incidents resulted in a family separation. Given the harm ICE already does our community by separating American families, it is painful to see local agencies contributing to these problems. • Six of the nine reported incidents involved some form of verbal abuse or attempt to intimidate or degrade the person interacting with the Local LEA. 37 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign • • Two reported incidents were based on apparently pre-textual stops (instances where a minor violation is used as cover for a an extended police inquiry about another issue or for otherwise unlawful practices like racial profiling). We are happy to note that there were no reported incidents of physical abuse by Local LEAs. Broadly, Local LEAs in the Paso del Norte region have been responsive partners in working to build community trust and promote a holistic sense of community safety. The four largest Local LEAs, the El Paso PD, Las Cruces PD, EPCSO, and DASO all have operated under policies where officers were not to inquire about immigration status, and cooperation/engagement with immigration authorities is limited. However, the number and breadth of immigration inquiries being conducted by Local LEAs shows that there is still work to do in this regard, and communities, local governments, and law enforcement leadership must remain vigilant on this front. Moreover, the local situation is further complicated, at least in Texas, by the implementation of SB 4, a state law allowing individual law enforcement officers, at their sole discretion, to inquire about immigration status during the course of a lawful stop. The implementation of SB 4, which happened in between our time in the field canvassing on behalf of the ADC, and the publication of this report, means it is possible that Texas Local LEAs will become more intertwined in immigration work in the coming months/years as court battles over SB 4 play out. BNHR remains committed to monitoring the implementation of SB 4 and doing our best to track the legal abuses and material harms this law causes. We urge communities to remain vigilant against this intermingling of criminal law enforcement and immigration enforcement as well. The roster of documented abuses involving Local LEAs is below. There were 28 total abuses identified across the 9 incidents, an average of nearly 3 abuses per reported incident. 13 different types of abuses were reported in incidents involving Local LEAs. There were no clear geographic patterns to 38 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign where these abuses occurred—they were reported from locations across this community. A full list of community testimonies follows. Distribution of Abuses by Local LEAs Pretextual Stop 3% Unlawful Search 3% Verbal Abuse 14% Excessive Force Unlawful Entry 4% 4% Acting as Imm. Agent 11% Prolonged Detention 7% Racial Profiling 7% Wrongful Detention/Arrest 11% Family Separation 11% Abuse of Authority 3% Intimidation 11% Psychological Abuse 11% Roster of Identified Abuses—28 Total Abuses Identified; 13 Types of Abuse • • • • • • • 4 reports of Verbal Abuse 3 reports of Local Officers acting as Immigration Agents 3 reports of Wrongful Detention or Arrest 3 reports of Family Separation 3 reports of Psychological Abuse 3 reports of Intimidation 2 reports of Racial Profiling • • • • • • 2 reports of Prolonged Detention 1 report of Unlawful Entry 1 report of Excessive Use of Force 1 report of Abuse of Authority— Failure to Identify 1 report of Unlawful Search 1 report of a Pre-textual Stop 39 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Local Law Enforcement Agencies Community Testimonies to Incidents of Abuse Dona Ana County Sheriff’s Office Name of Alleged Victim: G. L. R. Date and Time of Incident: Tuesday November 15, 2016 Place of Incident: San Miguel School Case Documented by: Norma Arciniega Case Translated by: Gabriela Castaneda Abuses: Racial Profiling, Acting as Federal Agent, Wrongful Detention On November 15, 2016 at 8:45 am while I was driving to my job and I was passing by the San Miguel school, I was detained by the Dona Ana Sheriff, I asked him what was the reason that he had to detain me and he said that it was due to my Mexican appearance and asked if I had documents, I asked him why was that he was asking that question and he went to his car and called border patrol, when he came back to my car, I told him that he was not an immigration officer and I showed him my green card and he told me that it was fake, I told him that he had a computer in his car, that he could easily check my documents but he refused, when the border patrol agents arrived they checked my documents and told me that everything was fine and they apologized for the misunderstanding. Thank you very much. — Sunland Park Police Department Name of Alleged Victim: J. S. Date and Time of Incident: August 2013 Place of Incident: McNutt Street Case Documented by: Lourdes Hernandez Case Translated by: Gabriela Castañeda Abuses: Verbal Abuse, Family Separation, Acting as Federal Agent My name is G. A. and I am documenting this case because my husband was a victim of abuse by local police. He was detained at a checkpoint between McNutt and Country Club, this around 8:00 p.m. he had had a pair of beers, but the way they detained him was very unpleasant, they used vulgar words and were yelling at him, they called border patrol. What really bothers me is the inhumane treatment they gave my husband, he wasn’t given the chance to call anyone, he was taken to Las Cruces and then was deported. He left me and my three children as well as a granddaughter. It was very unpleasant. — 40 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign El Paso Police Department Name of Alleged Victim: H. L. E. Date and Time of Incident: February 18, 2018 at 4:00 p.m. Place of Incident: Guillen Apartments Case Documented by: Susana Herrera Case Translated by: Elena Campos Abuses: Unlawful Entry, Family Separation, Wrongful Psychological Abuse Arrest, On February 13 myself H. L. E. I was in the patio in my apartment hanging some laundry for my kids. Suddenly, two police officers came in to my apartment without my permission. Sandra, the apartment manager gave the key to open the door to my apartment to get in. They told me I was detained for covering up. I asked them for an arrest warrant and they told me they did not have one, but that Detective Gates would get one because he was looking for my husband. I told them that my husband did not live with me. One of the officers said that I was hiding him, which is not true. They call a female Police Officer Lara, who accompanied me to my bedroom to change my clothes. While I was in my bedroom the other two officers were questioning my daughter Z. C. who 10 years is old without my consent. Now I am detained in county and on hold so that immigration can detain me. I have court on March 1. I want justice done because I was detained due to a violation of my rights and without any order against me. I have 4 children: Z. C. 10 years old, 8-year-old twins with speech problems and S.D.H., a 14-year-old who needs me. They are all suffering from depression and my 10-year-old daughter wants to commit suicide if I am not with her. — El Paso Police Department Name of Alleged Victim: J. Q. and J. R. Date and Time of Incident: Friday July 21, 2017 Place of Incident: Salazar Apartments Case Documented by: Susana Herrera Case Translated by: Gabriela Castañeda Abuses: Excessive Use of Force, Psychological Abuse, Verbal Abuse, Wrongful Detention, Intimidation, Prolonged Detention, I was invited to a graduation in UTEP and I was in a hurry, so I sent my 13 year old son J to tighten a screw to the car plates, he was using a knife, it had not been long and I look out the window and I see my son handcuffed, sitting down in the sidewalk and I went out my home and asked the man why did he had handcuffed my son, this man was dressed in civilian clothes, he was driving his personal car I believe, since the car wasn’t identified as 41 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign belonging to the government, this man didn’t show me anything proving that he was a government official. He told me that he had handcuffed my son because he had a knife, I explained to this man that I had sent my son with that knife to tighten a screw on the car plates, so I asked again the reason that he had handcuffed my son and he told me he was a detective and that my son had threaten him with the knife, I replied that it wasn’t true that it was a lie, my son was crying and I tried to hold my son and the detective twisted my arm towards my back and asked me to give him an identification as well as an identification for my son, he took me to the entrance of my home, still holding my arm twisted towards my back. My daughter L was at the entrance of my home and she didn’t allow him to go inside and the detective got mad and started yelling at her, arguing that he was a detective working for the police and that she was an accomplice of J and that he could detain her, he also mentioned that he was working for housing and that he had could enter the home. I let the detective know that my son had been diagnosed with attention deficit, hyperactivity and anxiety and that this situation was affecting him enormously, but he didn’t care, he kept on yelling at us, I repeatedly asked him to let go of my son, that he was a good boy that he wasn’t a problematic kid, the detective was just repeating that he didn’t had to have a knife. The detective asked me for the names of everybody living in my home, he said ‘give me the name and date of birth of your daughter, the one that didn’t allowed me to go in’, then he asked me ‘when are they moving you from here’ to which I replied that in December, he started laughing and told me to start looking for a place right now because after his report, housing was going to remove me immediately. I told him that I had 7 children and that I had nowhere to go, and he said, ‘that is your problem’. All these was happening while my son was still outside handcuffed and crying, I asked the detective several times to allow me to hug and comfort my son and he denied me that right every single time. My son was handcuffed for over an hour and I asked the detective what was going to happen, and he said, we are going to let him go, we waited for the cop to remove the handcuffs from my son. After that he kept repeating that I was going to be removed from housing after his report. He then told me to go back home that he would bring the knife later, in the end he took the knife. — Las Cruces Police Department Name of Alleged Victim: S. L. Date and Time of Incident: Sunday July 16, 2017 Place of Incident: Intersection of Solano and Mulberry Case Documented by: Gabriela Castaneda Case Translated by: Gabriela Castaneda Abuses: Abuse of Authority—Failure to Identify, Verbal Abuse 42 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign On Sunday July 16 around 4:00 a.m. I was walking on Solano Street and Officer Rosh stopped me and my friend and he started asking us questions, I told him my name, date of birth and my mom’s name, I was asking him for his name and the reason he stopped us, they told me that because we were minors and we were walking at 4:00 a.m. at this point he didn’t give my name. Then another officer arrived and started asking me questions I didn’t answer, the first guy got frustrated and put me in the car, he took me to my house, when I was inside my house he would tell me to go away because he wanted to talk to my aunt. He didn’t mention how he was treating me while he stopped me to ask me all these questions. He was using the f word when I was asking him for his name, he was bigger than me there’s no way he could feel afraid of me. He gave me a card and that is how I find out about his name, I could see his name badge but he is supposed to tell me. — El Paso County Sheriff’s Office Name of Alleged Victim: J. J. V. S. Date and Time of Incident: February 14, 2018 Place of Incident: Mountain View High School Case Documented by: Margarita Arvizu Case Translated by: Elena Campos Abuses: Family Separation, Acting as Federal Agent My brother pushed another guy at the high school Mountain View. His mom pressed assault charges and he was taken to the annex. He had a $500 fine. The Sheriff told my dad not to even show up because he was going to be taken the county, my mom paid the fine. She went to a judge and the judge gave him a $500 fine, but ICE still picked him up. He was taken to immigration and we do not know what happen. He was taken to Virginia to a foster care home because he was in the streets and had come in to the country by himself. My dad spoke to a social worker and she told him that my brother was okay getting 3 meals a day, going to school because he wasn’t going to school. They sent my dad papers so that he could take them, and he could prove he is his father. If he didn’t do so he will not be returned home. We have faxed the papers, but we do not know why he was taken away so far. He will have court on March 17th and the bondsman told my dad that if he didn’t show up an arrest warrant was going to be issued. My brother will turn 18 on April 17th. The sheriff at the school took him to the annex and the police officer called ICE. My brother called my dad and told him he was in SAC at school then the sheriff to the annex. The mistake my dad made was to say the he didn’t have papers and ICE asked him if he had entered the country legally. He said he did and 43 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign with local passport since he was 10 years old. We suspect the sheriff at the school is putting his hands in this situation. My son had had a fight during a football game and he was sent to probation school. The office took off everything and we have the papers to prove he does not have a bad record. There was a 130 petitions made. The school has a video and you can see the other guy verbally assaults him. My son walks up to the exit of the patio and he walks back, and he pushed him, and my son hits the wall. You can see he only pushed him. He is Charlotte, Virginia — Socorro Police Department Name of Alleged Victim: M. M. Date and Time of Incident: Monday February 26, 2018 around 2:30 p.m. Place of Incident: Close to Milo and North Loop Case Documented by: Veronica Macias and Gabriela Castaneda Case Translated by: Gabriela Castaneda Abuses: Intimidation, Racial Profiling On Monday February 26 at 2:30 p.m., officer Rojo, local police officer from Socorro, detained my husband and he told him the reason was that he didn’t put the directional on time, that the directional needs to be put 200 meters before the stop sign, he asked my husband for identification and my husband gave him the Texas Id, then the officer proceeded to ask me for identification and I presented my Mexican passport, he then asked us to step out of the car and we did, he went back to his car to check the ids and came back, but since my husband had an arrest warrant for unpaid tickets, he was arrested. My husband was then taken to the County jail but since he is diabetic and his level of sugar in the blood was very high, he wasn’t accepted. The officer had to take my husband to the hospital, they spend so many hours at the hospital that the officer got tired of waiting and since he had already completed his shift he let my husband go. My husband tells me that while they were on their way to the County jail, the officer was telling him that if he wanted he could have called border patrol, so they could arrest me and deport me. At the time of the stop officer Rojo questioned me about speaking Spanish if I was able to understand English. — Sunland Park Local Police Name of Alleged Victim: M. L. O. Date and Time of Incident: Wednesday January 17, 2018 44 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Place of Incident: Los Pinos Street, Sunland Park Case Documented by: Lourdes Hernandez Case Translated by: Gabriela Castaneda Abuses: Verbal Abuse My name is M. L. O. on January 17, 2018 around 2:10 p.m. a local police officer from Sunland Park accompanied by a lady, apparently a social worker from CPS, I say apparently because she never identified herself. These two arrived at my house and they told me that they were here to pick up E. D. S. and her sister who at that time was in school. These children were under my care, I had been taking care of them for two months already. Their dad, A is widowed, and he had the custody of the children since his wife died. A would pay me to take care of his daughters while he was working, that is why E was at my home. A few minutes later after the officer and the lady that didn’t identified herself arrived, another lady arrived, it looked like it was the children’s grandmother, she had with her E’s sister. This lady went to the school to pick her up. Then they showed me a letter signed by a judge giving them the right to take these children with them, the officer then proceeded to call another officer who was his supervisor. I got very scared, because they threaten me, they told me that if I didn’t turn the children to them that I would get in trouble. I asked them to give me permission to call the children’s father to let him know what was going on and I also asked them to wait for him until he arrived, and they sarcastically replied that they didn’t had time. At this moment, I feel very frustrated for not having been able to stop them from taking the children and that is the reason I am documenting this abuse. — E.P.C.S.O. Name of Alleged Victim: S. A. G. M. Date and Time of Incident: February 8, 2018 Place of Incident: Frontage Road and Colonia Vista Case Documented by: Claudia Diaz Case Translated by: Gabriela Castaneda Abuses: Unlawful Search, Pre-textual Stop, Prolonged Intimidation, Psychological Abuse Detention, I, S. A. G. M. was driving my mother’s car at 2:00 pm at the intersection of Frontage Road and Colonia Vista. I was detained by a sheriff who was driving a black SUV, he told me the reason of the stop was due to expired sticker. I offered a handshake and he replied that he didn’t know me. 45 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign He asked me to step out of the car and started searching my person without my consent, he then asked me if I had guns or drugs and I said no, he then asked me why I was moving too much inside the car, he asked me if I had hidden a gun and I said no, he asked me if I was sure and I replied yes. He then asked me where I was coming from and I replied I was coming from my job, that I am out by 1:30 pm, he asked me where I had gone to and I replied that I went to Westway to lend money to my cousin and to cash my check, he then asked me for my cousin’s name and date of birth and asked me if I had given my cousin any guns or drugs and I said no, I told him that I had given my cousin $10 dollars for gasoline, because his car had run out of gas. Later he asked me if he could search my car, I said yes and he said, ‘are you sure you don’t have anything you’re not supposed to have’, I said no, I have nothing to worry, check my car, he asked me not to move, to only face the camera on his car, he finished searching my car and asked me how much money I had with me, I told him that I had just cashed my check, that I had $621 dollars but since I had lent $10 dollars to my cousin and had paid $20 dollars at the store to cash my check that I had ended up with $591 dollars, he told me if I was sure that I had that amount with me and that if he could count it, I said yes, so he proceeded to count my money, he asked me if they had given me a receipt I said no but that I had my check stub, he asked me why was that I had some check stubs for $20 dollars, he said that was proof that I was selling drugs. He told me that someone was already checking to see if I had a criminal record, he then asked me if I had ever been arrested, I told him that I had never been arrested or placed in jail. He then asked me to take off my belt because the majority would keep the drug there, he also asked me to undo my pants to take it down and to lift my shirt, I was very embarrassed because people in their cars were driving by very slowly and I was seminaked, he had me like that for about three minutes because he was asking questions about my cousin in regards to bad habits, I told him that my cousin’s only bad habit was to drink, he then asked me if my cousin had arrest warrants and I said that he used to, but that he had already paid, he asked me ‘are you sure about that’, he then told me that his colleague was coming to check my car with their dog. He asked me if I knew that my cousin had just been arrested, I told him I didn’t knew about it that I had just seen him to lend him the money for the gasoline, and I asked him why he was arrested, and he replied that it was because he had marihuana. They searched around the car with the dog. I told him that I needed to call my mom because the alarm was broken, that it didn’t worked and that I needed cables, because the car has a trouble that if you turn it off, a light remains on and the battery dies. The sheriff told me if I was sure I was only calling my mom for that reason and I said yes. The other sheriff, the one with the dog told me that he had cables, that he could help me with that, so he did help me, he then told me that I could leave, that he wasn’t going to write me a ticket, he told me to drive carefully. 46 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign When I arrived home with my mom, I was very stressed, I started crying and I told her what had just happened, I told my mom to call my aunt to ask her about my cousin, and my aunt said that they had done the same to my cousin, they let him go, they didn’t arrest him. 47 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign State Law Enforcement Agencies Summary of Abuses Statistical Dashboard • 2 Total Incidents of Abusive Behavior (1 in New Mexico, 1 in Texas) • 4 Types of Abuse Identified • 5 Total Identified Abuses • 0 Reports of Incidents of Abusive Behavior Involving Children Most common abuses: Prolonged Detention (2 reports) Summary of Abuses State law enforcement agencies (State LEAs) accounted for the smallest portion of the cases documented in this report. The one documented incident involving State LEAs, in this case the Texas Highway Patrol (TXDPS) accounts for 2.6% of total documented incidents of abuse. Notably, this case involved an apparent pre-textual stop by TXDPS (because of windows tinted too darkly working in a colonia in eastern El Paso County. This stop quickly turned into an immigration inquiry and ultimately led to a young dreamer and father of a U.S. citizen being turned over to Border Patrol and placed in deportation proceedings. This stop raises a number of serious concerns, from the pre-textual stop about the vehicle’s windows to a criminal law enforcement agency inquiring about immigration status, to the prolonged period this young man was detained by TXDPS—explicitly without criminal charges—until Border Patrol arrived, to the fact that this incident may ultimately result in a separated family. Abusive practices such as in this incident erode public trust in all law enforcement agencies and leave our communities less safe. Moreover, this case is particularly concerning as it suggests, along with similar cases elsewhere in Texas, that TXDPS**, and Texas’ government more broadly, are For more information about TXDPS see this excellent reporting by Debbie Nathan: https://theintercept.com/2017/12/10/theyre-taking-everybody-videos-show-texas-troopers-rippingapart-immigrant-families-during-traffic-stops/ https://www.austinchronicle.com/news/2017-07-07/dps-director-steve-mccraw-issues-immigrationmarching-orders/ https://www.austinchronicle.com/news/2017-06-02/dps-troopers-push-undocumented-immigrantsinto-a-deportation-pipeline/ ** 48 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign looking to ramp up their role in the deportation apparatus, no matter what harm this does to communities, public safety, or civil and constitutional protections. This is flatly unacceptable. BNHR is committed, in partnership with allies elsewhere in Texas, to monitoring the activities of State LEAs and documenting any problematic or abusive behavior we encounter. The roster of documented abuses involving State LEAs is below. There were 4 total abuses identified across the 1 incident, an average of 4 abuses per reported incident. 4 different types of abuses were reported in incidents involving State LEAs. All community testimonies taken in the documentation process are below. • • • • Roster of Identified Abuses—4 Total Abuses Identified; 4 Types of Abuse 1 1 1 1 report report report report of of of of Prolonged Detention State Officers acting as Immigration Agents Pre-Textual Stop Family Separation https://www.google.com/url?q=https%3A%2F%2Fwww.documentcloud.org%2Fdocuments%2F38 90003-Texas-DPS-director-tells-troopers-ofobligation.html&sa=D&sntz=1&usg=AFQjCNFGceGm7UVfr53BFkcga8p9YKOYuw 49 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign State Law Enforcement Agencies Community Testimonies to Incidents of Abuse Texas Department of Public Safety—Texas Highway Patrol Name of Alleged Victim: J. E. V. M. Date and Time of Incident: March 6, 2017 Place of Incident: Montana Vista Case Documented by: Margarita Arvizu Case Translated by: Gabriela Castañeda Abuses: Pre-Textual Stop, Prolonged Detention, Acting as Federal Agent, Family Separation On March 6, 2017 at around 2:30 pm, I was driving on Mark Jason street, I had to stop at a four way stop and I turned to my right, there was a state trooper there. The state trooper turned right on ascension street and I continued going my way, then I see the state trooper turning around and started to follow me for about ¼ mile, then he stopped me. When he approached me, he told me that the reason he has stopped me was due to the dark tinting on my windows, he then proceed to ask me for driver’s license and car insurance and I didn’t had any of those, then he asked me for my name, date of birth, and social security number, I gave him the information he was requesting, he then asked me to step out of the car and asked me if he could search my car, I said yes. While he was searching my car, he found my Mexican birth certificate and he asked me the date I had obtained my birth certificate and I replied that I had gotten it only two days ago, that he could verify that information since it was in my birth certificate. He then called someone on the radio, 15 minutes later a border patrol unit arrived at the place. I asked the state trooper if he was going to turn me over to border patrol, and he replied ‘it all depends on them, but if they don’t take you, I will’. Border patrol arrested me and took me to the detention center, they took a picture of me and fingerprints. Six hours later I was being transferred from the detention center in Rojas to the one in Montana in which they kept me there for 12 days. 50 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Recommendations for Policy and Practice U.S. Border Patrol The Border Network for Human Rights offers the following policy recommendations to CBP and the El Paso Border Patrol Sector to address the abuses documented by the 2018 ADC, with a particular focus on reining in abusive behavior in Sunland Park: 1. The El Paso Border Patrol Sector should commit itself to an open and sustained dialogue with residents of Sunland Park to hear and address community concerns about ongoing enforcement operations. This process of community dialogue should allow for a) public education on the authorities granted to BP, b) public education on constitutional rights, and c) an opportunity for a community-led airing of grievances. 2. All Border Patrol personnel must follow the 4th 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. BP should lay out specific procedures for obtaining a warrant or resident permission before conducting a search, and hold first line supervisors accountable for ensuring these procedures are followed. 3. The El Paso Border Patrol Sector should publicly clarify its policy on pursuits/patrols through populated areas at night. Such policy should be written to ensure that any disturbance of local residents is minimized, particularly to the extent enforcement operations may disrupt sleep. BP should particularly work to promote alternatives to reflectors and spotlights such as thermal imaging, infrared sensing, and night vision. 4. The El Paso Border Patrol Sector should publicly review and clarify its procedures on vehicular pursuits through populated areas. Communities should never feel endangered by a BP pursuit moving through the streets near their homes. Border Patrol should address the standards by which they determine whether conditions are safe/unsafe for vehicular pursuits, especially high-speed pursuits, whether there are alternatives to vehicular pursuits, and policies to ensure these standards are followed. 5. Border Patrol personnel must ensure their interactions with property owners/homeowners/residents are respectful and deescalate any tensions. 51 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign BP should review and reinforce existing training and continuing education to emphasize the need to treat communities with dignity and respect. 6. Border Patrol should review policy and training to deemphasize use-of-force toward minors, especially when no aggression has been shown toward BP agents. 7. The El Paso Border Patrol Sector should reaffirm its commitment to existing DHS policy barring enforcement at sensitive locations such as schools, churches, and hospitals/clinics and immediately cease bike patrols on the UTEP campus. BNHR also offers the following recommendations for Congress in shaping national border enforcement policy in ways that work with communities to ensure safety, rather than imposing our fears and worst tendencies on our fellow Americans: 8. Congress should move as rapidly as possible to enact legislation requiring more accountability from and better oversight of CBP, Border Patrol, and other elements of the border and immigration enforcement apparatus. Legislation such as H.R. 3020 and S. 2832 offer important steps forward in this regard and should be pursued in whole or in part. 9. Congress should not appropriate funding for additional Border Patrol personnel, nor, relatedly, should it allow DHS to erode hiring standards for Border Patrol, or other CBP, personnel. — Customs and Border Protection—Office of Field Operations The Border Network for Human Rights offers the following policy recommendations to CBP and the El Paso Field Office of the OFO to address the abuses documented by the 2018 ADC: 1. Given that the most widespread problems involve verbal abuse and other degradation of persons traveling through ports-of-entry, OFO should focus its continuing training/education on ensuring that travelers are treated with courtesy and respect. Training materials should be reviewed in collaboration with community partners and revised as needed to ensure that this goal is being accomplished. 52 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign 2. Front-line supervisors should be held accountable for instances of verbal abuse or other degradation committed by personnel under their command. 3. OFO should commit to a regular series of quarterly community forums throughout the region to educate the public about OFO’s authority and responsibilities, the civil and constitutional rights of persons at ports-ofentry, and to hear public concerns about port operation and agency behavior. 4. OFO, in collaboration with community partners, should review current training and protocols around use-of-force and work to ensure a minimal use of force, including of less-lethal force, at ports-of-entry. This is of particular importance following the recent incident involving former officer Christopher Holbrook at the Santa Teresa Port-of-Entry. 5. OFO should explore the possibility of deploying electronic feedback buttons** for both vehicular and pedestrian traffic at area ports-of-entry. These devices will help provide real-time feedback about public conditions at ports-of-entry. OFO may also explore partnerships with bridge owners (such as the City or County of El Paso) to assist with implementing such a program. 6. OFO should clarify policy for handling prescription medication at port-ofentry. BNHR also offers the following recommendations for Congress to ensure that OFO uplifts the dignity and rights of border crossers while facilitating ports-of-entry that operate smoothly, allowing legal flows of goods and persons through our borders: 7. Congress should move as rapidly as possible to enact legislation requiring more accountability from and better oversight of CBP, OFO, and other elements of the border and immigration enforcement apparatus. Legislation such as H.R. 3020 and S. 2832 offer important steps forward in this regard and should be pursued in whole or in part. 8. Congress should appropriate funding for OFO inspection personnel to ensure that ports-of-entry are adequately staffed to deal with rising volumes ** Refer to this article for a discussion of these devices in contexts such as airports and other public facilities: https://www.newyorker.com/magazine/2018/02/05/customer-satisfaction-at-the-push-ofa-button 53 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign of cross-border traffic. Additional hiring, however, should not be allowed at the cost of eroding OFO or other CBP hiring standards. — Immigration and Customs Enforcement The Border Network for Human Rights offers the following policy recommendations to DHS, ICE, the ICE El Paso Field Office, and Congress to address the abuses documented by the 2018 ADC: 1. There should be an immediate moratorium on the deportation/detention of parents of U.S. citizen children. 2. Obama Administration immigration enforcement priorities should be immediately reinstated. 3. There should be a moratorium on the detention of asylum seekers who have positive credible fear interviews. 4. ICE detainees should receive a bond hearing within two weeks of entering a detention center. Bonds should not exceed $2500 unless there are compelling reasons to believe a person would pose a risk to themself or others if released. All detainees should receive a bond hearing at least once every three months they are held in immigration detention. 5. There must be greater independent oversight and review of conditions in ICE-run and –contracted detention facilities. Congress should move as rapidly as possible to enact legislation requiring more accountability from and better oversight of ICE and other elements of the border and immigration enforcement apparatus. H.R. 3020 offers important steps forward in this regard and should be pursued in whole or in part. 6. Congress should not fund any request for additional immigration detention bed space. 7. ICE should be abolished and dissolved. Homeland Security Investigations (HSI) can be folded into CBP, while Enforcement and Removal Operations (ERO) should be entirely dissolved. — 54 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Local Law Enforcement Agencies The Border Network for Human Rights offers the following policy recommendations to all Local LEAs** to address the abuses documented by the 2018 ADC and promote best practices toward achieving public safety: 1. Clarify any and all department policy and practice (written, verbal, or otherwise) regarding interaction/coordination with ICE and/or CBP, including any enforcement mechanisms or penalties tied to this policy/practice. To the maximal extent possible, work to ensure these policies bar officers from inquiring about immigration status of suspects, witnesses, or other members of the public during the normal conduct of an officer’s duties. a. Cooperative contracts with other governmental entities, such as Stonegarden agreements, should be reviewed to minimize any conflicts with these policies. 2. Local LEAs in Texas should create policies requiring officers to report and record any and all instances where they inquire into an individual’s immigration status. Information collected under these policies should be publicly reported on a quarterly basis. 3. Clarify any and all departmental policy and practice against pre-textual stops. If no such policy exists, create training to discourage pre-textual stops and policy to review reports to screen for potential pre-textual stops or other problematic behavior. 4. In collaboration with local communities, review training around officer conduct in interacting with the public, and in further collaboration identify and implement at least one tangible step that can be taken to improve or reinforce respectful interactions with members of the community. 5. Collaborate with local communities to develop strategies and initiatives for bolstering or building community trust between residents and Local LEAs. 6. Collaborate with local communities to promote public knowledge of complaint processes. While we recognize that not all Local LEAs were involved with reported abuses related to every recommendation, we feel that a review of each of these points would help promote public safety best practices regardless of the agency. ** 55 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign 7. If a Local LEA uses body-worn cameras, develop policy for periodic reviews of body-worn camera footage to ensure officers are following protocol in their interactions with the public. If a Local LEA does not use body-worn cameras, require and implement use of body-worn cameras for all uniformed personnel. 8. Review policy and practice relating to interactions with minors, especially when a parent or guardian is not present during the interaction. Ensure policy deemphasizes use-of-force against minors and minimizes any risk of physical or psychological trauma. BNHR also offers the following recommendation for state legislators, local governments, and law enforcement leaders in Texas to promote public trust, safety, and wellbeing: 9. In Texas, SB 4 should be repealed by the Texas Legislature as soon as possible. Until such repeal is effective, local governments and law enforcement officials should remain committed to battling the law in court to the maximal extent allowed under law. — State Law Enforcement Agencies The Border Network for Human Rights offers the following policy recommendations to all State LEAs to address the abuses documented by the 2018 ADC and promote best practices toward achieving public safety: 1. Agencies should review procedures and expectation for how long activities such as traffic stops last and lay out guidelines and training to ensure that law enforcement actions do not present potential 4th Amendment violations for prolonged detention without a charge. 2. In traffic stops, or other law enforcement encounters with individuals, any criminal charges that an officer decides to issue should be issued by that officer as promptly as possible to mitigate potential for 4th Amendment violations. BNHR also offers the following policy recommendations specifically to TXDPS to address abuses documented in the 2018 ADC along with other reports from around the state: 56 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign 3. TXDPS must cease pre-textual traffic stops as a justification for inquiring about immigration status or facilitating de-facto racial profiling and put in place policies to review traffic stops for evidence of pre-textual stops. 4. TXDPS should rescind any and all policies requiring officers to refer individuals to ICE or CBP from traffic stops or other police encounters. Finally, BNHR also offers the following policy recommendations to the Texas Legislature to address abuses documented in the 2018 ADC and ensure there is adequate oversight of and transparency on the part of TXDPS: 5. The 2019 Texas Legislature should advance legislation that requires greater transparency from TXDPS’ immigration and border enforcement work and that facilitates greater state legislative oversight of the agency’s operations. 57 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Appendix A: Abuse Documentation Campaign Intake Form 58 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign 59 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Appendix B: 2018 Abuse Documentation Canvass Locations Central El Paso, TX Santa Fe International Bridge—February 2nd, 3rd, 9th, 10th, 16th, and 17th Food City (Alameda & Estrella)—February 5th and 19th St. Pius X Catholic Church—February 11th Public Housing: Tays and Johnson—February 7th Roosevelt—February 14th Heisen-Hower—February 15th Sherman—February 21st Clinica La Fe—February 8th Segundo Barrio Roaming Canvass—February 12th West El Paso, Canutillo, and Vinton, TX Canutillo Swap Meet—February 4th and 18th Jeova Nissis—February 21st Burro Time (N. Mesa)—February 10th Robert Elementary School—February 12th Public Housing: Corona del Valle—February 6th Sandoval—February 15th Vinton (Douglas & Kielly)—February 19th East El Paso County, TX Laura Aguilar Human Rights Center (BNHR East Office)—February 1st, 6th, 13th, 14th, 15th, 20th, 21st, 22nd, and 27th San Elizario—February 5th, 12th, 19th, and 26th Montana Vista Roaming Canvasses—February 2nd, 3rd, 9th, 10th, 16th, 23rd, and 24th El Rey Supermarket (Sparks)—February 1st, 2nd, 6th, 12th, and 19th Socorro Ramirez Community Center—February 7th, 8th, 14th, 15th, 21st, 22nd Las Cruces, NM Chicos—February 9th and 20th Motor Vehicle Department (Del Rey)—February 16th Reddlers Pavilion—February 24th Carniceria Guevara—February 3rd and 10th La Michoacana (E. Madrid)—February 3rd Tienda Los Amigos—February 10th and 17th 60 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign Community Center—February 14th Pulga del 70 Swap Meet—February 18th Panaderia Mesquite—February 22nd Las Cruces Roaming Canvasses—February 11th, 12th, 13th, 15th, 16th, 19th, 21st, and 24th Sunland Park, NM Mercedes Groceries—February 1st, 8th, and 15th City Hall—February 7th, 14th, and 21st 101 Gun Court—February 12th Sunland Park Library—February 13th Public Housing—February 19th Sunland Park Roaming Canvasses—February 2nd, 5th, 9th, and 16th Vado, Del Cerro, and Anthony, NM Berino Mart—February 3rd San Pedro Church—February 4th Saint Thomas Church (Chaparral)—February 11th La Feria (Anthony)—February 17th Immaculate Conception Church (Berino)—February 18th Vado Roaming Canvass—February 1st Crosset Lane Roaming Canvass—February 7th Chaparral Roaming Canvass—February 8th Anthony, TX Roaming Canvass—February 10th 61 Border Network for Human Rights The State of Human Rights at the U.S.-Mexico Border Report on the Findings of the 2018 Abuse Documentation Campaign The Border Network for Human Rights is a 501(c)3 non-profit organization. Your donations help us ensure that our communities are safe and thriving, and that law enforcement is engaged with and accountable to the communities they serve. Please support this work by donating today. You can donate online at www.bnhr.org June 2018 www.bnhr.org www.fb.com/BorderNetworkForHumanRights 62 Border Network for Human Rights