This was a hard one to write, it took about two and a half weeks to crank out 3,000 words, even though nearly all the research was already in my database.
The main reason is in the middle of it: the bulleted list of CBP and Border Patrol offenses that have happened so far in 2020, which I copy below.
It was just so damn grim and painful to point out the horrors being committed on U.S. soil, by a U.S. agency, by people who—for the most part—we’d probably genuinely like if we met them at a bar or on line at a supermarket.
Beyond this list, the commentary is about the big challenges that lie ahead in changing the organizational culture of our border and migration agencies. Please read it.
While past abuses like “family separation” and “kids in cages” shocked much of the nation, evidence of a perverse institutional culture persists in the 2020 calendar year.
- In January, CBP and ICE agents assigned to serve as advisors in Guatemala ended up packing hundreds of Honduran migrants into rented, unmarked vans and shipping them back to Honduras, without even an opportunity to seek asylum. An October report by Senate Foreign Relations Committee Democratic staff found that DHS lied to the State Department, which was funding the CBP and ICE presence in Guatemala, about the bizarre operational role its agents were playing.
- In February, a Guatemalan woman reported that while she was in Border Patrol custody, agents ignored her requests for medical attention. As a result, she had to give birth with her pants on, while standing and clutching the side of a trash can in the Chula Vista, California Border Patrol station. She was sent to a nearby hospital, then returned to the Border Patrol station where she spent a night “without an adequate blanket for the baby.”
- Since March, Border Patrol agents and CBP officers summarily expelled more than 150,000 Mexican and Central American migrants back into Mexico, usually in about 90 minutes or less, with no real opportunity to request asylum if they were fleeing lethal threats. This has been done in the name of COVID-19 protections, but we now know—thanks to AP and Wall Street Journal investigators—that the Centers for Disease Control had recommended against closing the border, only to be overruled by Vice President Mike Pence.
- That number includes 8,800 children apprehended while unaccompanied by an adult, then swiftly returned to their home countries while unaccompanied, between March and August. (September data are still pending.) Border agencies made zero effort to ensure these children’s safety upon expulsion or even track their whereabouts. Those to be flown back were warehoused in border-city hotels, guarded by an ICE contractor not certified for childcare, while awaiting their expulsion.
- In June the U.S. Government Accountability Office (GAO) determined that CBP had broken the law. A year earlier, Congress had appropriated money for the agency to improve its care of children and families in its custody, paying for items like blankets, food, and medicine. Instead, CBP spent much of the humanitarian appropriation on items like computer network upgrades, vaccines for CBP personnel, dog food, and dirt bikes.
- In June, elite Border Patrol agents were among DHS personnel sent to Portland, Oregon—against the wishes of the mayor and governor—to confront protesters following the killing of George Floyd. While some protesters were violent, the agents’ crowd control tactics—which included grabbing people off of sidewalks into unmarked vans—did nothing to de-escalate the situation, nor did they incorporate best practices for de-escalation. If anything, their aggressive tactics prolonged the confrontations.
- In July in El Paso, a Border Patrol agent ran over a 29-year-old Mexican man while pursuing him in his vehicle. Though injured, the migrant was deported within 48 hours. Border Patrol refuses to make public its vehicle pursuit policy.
- In July, Maria Cristina Vargas Espinosa, a 38-year-old mother from Guanajuato, Mexico, died after falling from the border wall west of El Paso. She was at least the second person to die of such a fall this year: a pregnant Guatemalan woman and her unborn baby died of a fall in Clint, Texas, in March. Neither Border Patrol nor other local authorities disclosed Ms. Vargas’s death or bothered to investigate it; her relatives in Mexico only learned of her fate from her smuggler. Asked by El Paso Matters how often such incidents happen, a Border Patrol agent said that “a large number of people…get major injuries.” His main concern, though, was that “those hospital bills are ridiculous.”
- In July in Arizona, dozens of rifle-bearing Border Patrol agents, accompanied by an armored vehicle and helicopters, raided a desert camp run on private land by No More Deaths, an organization that provides humanitarian aid in an area where thousands of migrants have died in this century of dehydration and exposure. Agents arrested migrants receiving medical attention, seized phones, photos, and records, and “trashed” No More Deaths’ camp.
- In July, the libertarian publication Reason revealed a 2012 internal affairs report indicating that a CBP instructor had told “a room full of supervisors” that “if Border Patrol agents feel threatened by a migrant, they should ‘beat that tonk like a piñata until candy comes out.’” This was yet another appearance of the word “tonk” or “tonc,” Border Patrol slang for an undocumented migrant. Former agents say that the word originates from the sound a human skull makes when clubbed with an agent’s heavy Maglite flashlight. When an agent uses a weapon, he or she must file a memo about the incident; no paperwork is required for flashlights.
- By August, only four Border Patrol agents, of unknown rank, had been fired for their involvement in a graphically offensive Facebook group. The group, “I’m 10-15,” whose members included 9,500 current and former agents, was revealed to exist a full year earlier. Twelve months after launching an investigation, “CBP has provided little new information about” the group “or its efforts to address toxic attitudes within the ranks,” reported ProPublica, the outlet that revealed the group’s existence.
- In August Tianna Spears, a Black U.S. diplomat who had been assigned to the U.S. consulate in Ciudad Juárez, published a lengthy account in Politico about the blatant racial profiling to which CBP officers subjected her whenever she crossed back into El Paso. “[O]fficers in primary inspection still made sarcastic comments, cruel jokes and belittling jabs implying I was not a U.S. diplomat, not a U.S. citizen and had stolen my own car.”
- In September Border Patrol used taxpayer money to produce a video depicting a fictionalized Spanish-speaking migrant whose first action after eluding agents is to kill a man in a dark alley. With evidence pointing to lower crime rates among undocumented migrants than among the general population, “The Gotaway” video reinforces racist stereotypes to which, we hope, most Border Patrol personnel do not actually subscribe.
- During the COVID-19 pandemic, local media in El Paso and Arizona have reported about CBP officers and Border Patrol agents going unmasked in their interactions with the public, from checkpoint encounters to the July raid on No More Deaths.
- CBP’s rapid border wall construction is doing permanent environmental damage: gouging at mountains, draining a fragile desert oasis to mix cement, and sealing animals’ migratory routes. Members of Indigenous communities have been arrested for carrying out civil disobedience against the construction in California and Arizona. But the building continues, with no meaningful engagement with affected communities.
- While ICE is not the focus of this analysis, any discussion of this year would be incomplete without recalling allegations of non-consensual surgeries performed on women at the Irwin County Detention Center in Georgia; the deportation of a woman alleging sexual abuse at the El Paso detention facility while investigations were ongoing; the storing of children and families in border-town hotel rooms under questionable supervision; a slipshod, hardline response to COVID-19 that has led to a cumulative total of 6,541 cases in detention, deportations of COVID-19-positive individuals to countries with weak public health systems; and a sharp increase this year in the use of pepper spray and other force against the agency’s detainees.
Beyond all of this are the everyday allegations of racial profiling, roughing up (called “tuning up”) of apprehended migrants, abusive language, maintenance of hieleras and other deliberately uncomfortable custody conditions, and a view that people exercising their legal right to seek asylum are, in President Trump’s words, “scammers” gaming the system.