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The State of Human Rights at the U.S.

-Mexico Border
Report on the ndings of the 2012 abuse documentation campaign

e Border Network for Human Rights

Table of Contents
Photo credits, copyright and contact information ................................................................................ 3 Introduction ............................................................................................................................................... 4 About e Border Network for Human Rights ..................................................................................... 6 About the Abuse Documentation Campaign ......................................................................................... 8 e 2012 campaign .................................................................................................................................. 11 Findings ..................................................................................................................................................... 13 Recommendations ................................................................................................................................... 21

Appendix A: All reported incidents, redacted Appendix B: Ten-year overview of campaign, as it appeared in the 2009 campaign report Appendix C: Publicity materials for the 2012 campaign Appendix D: Form used by abuse documenters Appendix E: Petition to President Barack Obama for the creation of the Border Enforcement Oversight and Accountability Commission

Photo Credits (le to right, top to bottom): Cover: MAGSiddiqui. Page 4: MAGSiddiqui, Cristina Parker, MAGSiddiqui. Page 6: Pete Pin, MAGSiddiqui, Pete Pin. Page 8: Saul Soto (all). Page 11: Cristina Parker (all). Page 13: Courtesy of Border Patrol, Cristina Parker, Cristina Parker. Page 21: Cristina Parker (all). Copyright: is work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-nd/3.0/ or send a letter to Creative Commons, 444 Castro Street, Suite 900, Mountain View, California, 94041, USA. Contact BNHR: In Texas: 2115 Piedras, El Paso, Texas 79930, 915-577-0724; In New Mexico: 209 Lopez St, Anthony, New Mexico, 88021, 575-882-1177; Online: www.bnhr.org

Introduction: The Borderland


Context for documenting human rights abuses in West Texas and Southern New Mexico
e U.S.-Mexico border region of West Texas and Southern New Mexico is unlike any other part of the U.S. e area is largely bilingual, mainly Latino and home to some of the poorest communities in the U.S. e area is also home to the El Paso-Juarez metropolitan area. ese neighboring cities comprise the largest binational metropolitan area in the world. e two cities

also share an infamous and bittersweet reality: Juarez has been gripped by violence since 2005 earning it the title of murder capital of the world, while El Paso has been remained the safest U.S. city for its size for almost as long. is region is also ush with law enforcement and is highly militarized on the U.S. side of the border and the region with which this report is concerned. Federal, state and local law enforcement agencies all have jurisdiction in the region and oen collaborate. On the federal level, the infamous border wall is supplemented with hundreds of miles of physical and virtual fencing. Military drones and other military weapons technologies are deployed here, along with National Guard troops, military joint task forces and nearly 50,000 federal agents of the Customs and Border Protection (CBP) department of the Department of Homeland Security. In this environment, the protection and promotion of individuals civil, constitutional and human rights is of the upmost importance. It is with this in mind that the Border Network for Human Rights has been conducting regional campaigns to document human rights abuses in our communities. e rst such campaign was conducted in 2000. ese are the ndings of the 2012 abuse documentation campaign and includes the full statements of those who reported the abuse with identifying information redacted (please see appendix A).

What is the Border Network for Human Rights?


e Border Network for Human Rights has its beginnings in a group of dedicated El Paso attorneys and civil rights activists who created the Border Rights Coalition in the early 1990s. e group documented alleged human rights and civil rights abuses committed by the Border Patrol and provided legal aid to the community on speci c cases. e Border Rights Coalition began transforming itself into a grassroots organization with the hiring of Fernando Garcia as executive director in 1998. Garcia saw that abuses of civil and human rights continued to be pervasive in El Paso, mostly in the form of possible illegal entry by the Border Patrol, racial pro ling and alleged beatings. To deal with this reality, the Coalition
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committed itself to a model of community organizing and ultimately transformed into a network of trained human rights promotors, each of whom is responsible for spreading awareness of constitutional and human rights within their local human rights committee. In 2001, the Coalition legally changed its name to the Border Network for Human Rights to re ect this transformation. e mission of the Border Network for Human Rights remains to facilitate the education, the organizing and the participation of marginalized border communities to defend and promote human and civil rights; to the end that these communities work to create political, economic, and social conditions where every human being is equal in dignity and rights.

History of the Abuse Documentation Campaign


e highlight of the work of what was then called the Border Rights Coalition was the groups involvement in two landmark cases the historic civil federal lawsuit brought by the students and sta of Bowie High School in 1992 to stop the Border Patrol from harassing students inside the school; and the 1997 death of Esequiel Hernandez Jr., a teenage goat herder who was killed by

Marines patrolling the border near Radford, Texas. Documenting such cases was the primary work of the coalition at the time. In 2000, the group held its rst abuse documentation campaign conducted by members of the community, with support from immigration and human rights lawyers. is abuse documentation campaign coincided with the transformation of the Coalition into the Border Network for Human Rights. Since then, several documentation campaigns have been conducted in West Texas and Southern New Mexico. ese campaigns are not done annually. Instead the timing of the campaign is dictated by the conditions that Border Network for Human Rights members report to organizers and on the capacity of the organizers to launch the campaign. Below is a brief overview of the ndings of the campaigns between 2000 and 2009, the year of the most recent previous campaign. In 2000, the abuse documentation campaign revealed that of the victims of abuse, all of whom were Latino, 71 percent were either U.S. citizens or lawfully present in the U.S. e most signi cant number of abuses were in the categories of wrongful detention and physical, psychological, and verbal abuse. In 2002 and 2003, documenters saw a signi cant increase in number of reports of human rights abuses which demonstrated a constant pattern in which the U.S. Constitution and international law are selectively applied in the region. is campaign documented more than 80 cases. e most prevalent types of abuses were in the categories of physical and verbal abuse, violation of due process rights, wrongful detentions, wrongful arrests and wrongful searches as well as six instances of the inappropriate use of a rearm and one case of torture. In 2004, documenters collected around 85 abuse reports, with local law enforcement such as police and sheris deputies accounting for the majority of abuse, with federal Border Patrol and Immigration and Customs Enforcement agencies accounting for most of the rest. e latest documentation campaign was completed in 2009. During this campaign, 19 cases of possible human rights and civil rights abuses we recorded. e most signi cant numbers of reports were in the categories of racial pro ling and wrongful detention. e four main ndings from the campaign were the possible racial pro ling by the Border Patrol in a small area of Southern New Mexico, the continuation of a trend by Doa Ana Sheris Deputies acting as
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immigration agents, several possible illegal entries by Immigration and Customs Enforcement agents, and continued issues at ports of entry which stem from lack of resources. e 2009 report also included a detailed examination of the rst 10 years of abuse documentation and the overall trend in the area of human rights in West Texas and Southern New Mexico (please see appendix B).

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Campaign 2012
The methodology, ndings and apparent patterns of the 2012 abuse documentation campaign
Regional coordinators collaborated with the campaign coordinator to train 86 documenters at the Border Network for Human Rights oce in El Paso, Texas on Sunday, May 1, 2012. ese documenters worked on the campaign on a volunteer basis and are all members of a Border Network for Human Rights human rights committee in their area. ese volunteers were trained
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on how to properly documenting a case.

ll out the documentation forms and what questions to ask while

One of the aspects of the training was to explain to documenters that all reporters have the option to remain anonymous, but had to provide their address and phone number to the documentation team so that they could be contacted during the vetting of cases. For this reason, the full report of all cases included in this report have all names and addresses redacted. Documenters distributed yers and posters in their communities which detailed the locations and times they would be able to meet with documenters to report abuses. e Border Network for Human Rights also purchased radio ads on Spanish-language stations to publicize the campaign (please see appendix C). ese ads ran from May 1 to May 15. On Monday, May 2, 2012 the campaign began. To document abuses in the community, volunteers operated 30 booths and 4 mobile teams in Doa Ana County in Southern New Mexico and 33 booths and 4 mobile teams in El Paso County, Texas. e documentation teams together collected about 100 reported incidents during the two week campaign, however only 35 appear in this report. is is because the campaign coordinators determine if cases are missing too many vital details to be veri ed and included. In addition, they make determinations if a particular report quali es as a human rights abuse and not a general complaint, for example. e methodology of the abuse documentation campaign including the training methods, questionnaire and analysis of the results, has been the same since 2000. Documenters lled out extensive forms during one-on-one interviews with those reporting alleged abuses (please see appendix D).

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Findings and patterns of abuse


e following ndings are based on the 35 reported incidents that were selected by the campaign coordinators aer careful review and follow-up conversations with documenters and reporters. e cases included in this report have been subjected to multiple reviews of Border Network for Human Rights sta, coordinators as well as civil rights attorneys working in the El Paso area. Overview: e Border Network has identi ed certain patterns of abuse based on this and previous campaign reports. e following is an analysis of how agencies operating in our region compare to each other in terms of community reports of abuse, in types of abuse reported and the type of individuals impacted. Analysis of the reports and the types of abuse reported indicate four major trends. ey are: 1. An increase in both the number of reported incidents and share of Border Patrol incidents

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ere was an increase in both the number of reported incidents and share of Border Patrol incidents, compared to the 2009 abuse documentation campaign. e 2009 campaign was the most recent campaign prior to 2012. e majority of alleged abuses by Border Patrol fall in the categories of wrongful detention and psychological/verbal abuse. e alleged abuses are also more common in Southern New Mexico, compared to West Texas. It should be noted that this increase over 2009 nonetheless represents a dramatic drop in Border Patrol reported incidents from 2000-2003. 2. A continued trend of local law enforcement acting as immigration agents ere is a continued trend of local law enforcement acting as immigration agents. is problem is most pronounced in Southern New Mexico. is pattern has been observed in previous campaigns and Southern New Mexico Border Network for Human Rights coordinators continue to receive regular reports from community members of improper immigration checks by local police and sheris deputies. is includes both Doa Ana Sheri and local police departments. However, reported incidents by the Doa Ana County Sheris Oce are universally in the category of deputies acting as immigration agents. e local El Paso Police department also saw an increase in these reports this year, compared to 2009. 3. The prevalence of family separation caused by deportations and its impact on children e alleged abuse of children and other vulnerable members of a family had not been speci cally accounted for in previous campaigns and subsequent reports. However, given the fact that the U.S. is currently living under a record-breaking system of mass deportation by President Barack Obamas administration, the problem of family separation has become more pronounced in many communities. e human right to live with ones family is recognized in the Universal Declaration of Human Rights under Article 16.3. 4. The increased severity of incidents reported at points of entry Finally, the 2012 campaign saw an increased severity in the incidents reported at points of entry. e problem of understang has been prevalent at these ports for years, leading to long waits and detentions of individuals. However, this year saw a clear pattern of alleged physical, psychological and verbal abuse by Customs agents at points of entry.

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Agencies involved: Federal: Immigration and Customs Enforcement, ICE CBP - Border Patrol CBP - Customs State: Texas State Troopers Local: El Paso County Sheris Oce San Elizario Police Department El Paso Police Department Doa Ana County Sheris Oce Anthony, New Mexico local police Las Cruces, New Mexico Police Department Mesilla, New Mexico Marshalls Deming, New Mexico local police Vinton, New Mexico local police

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Number of Abuses by Agencies Reported


ag en ci es Lo ca l

New Mexico local police Dona Ana Sheriff 12% 9% ICE 10%

El Paso Local Police 14%

El Paso Sheriff 1% Texas State Trooper 6%


State

Customs 14%

Border Patrol 35%

Fe de ra la ge nc ie s
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Types of alleged abuse reported and total reports: Wrongful detention (WD) Sexual harassment (SH) Racial pro ling (RP) Wrongful search (WS) Psychological/verbal abuse (PV) Endangerment (EN) Physical abuse (PA) Denial of due process (DP) Family separation (FS) Deprivation (DV) Illegal entry (IE) Wrongful arrest (WA) Acting as a federal immigration agent (AA) (Note: Applies only to state and local agencies) Wrongful deportation (WP) Harassment (HS) Wrongful con scation of property (WC)
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15

10 16 5 6 2 0 WD SH RP WS PV 5 2 EN PA DP FS DV 16 10 6 4 3 1 IE WA AA WP 5 2 HS 2 WC 11

Alleged abuse type totals


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Share of alleged abuses by type of agency:


20

15 5

1 3

10

3 3 3 3 4 2 1 1 2 1 WS 1 PV 2 EN 8 2 1 3 PA 3 2 DP 4 1 1 2 DV 1 2 IE 1 3 1 WA AA 5 1 WP 1 1 HS 2 1 WC 6

1 1 3 2 1 RP

4 0 WD SH

2 FS

ICE Customs New Mexico local police

Border Patrol El Paso State and Local Police

Total alleged incidents by agency: ICE 4 Border Patrol 9 Texas State Troopers 2 El Paso County Sheris Oce 1 San Elizario Police Department 1 El Paso Police Department 4 Doa Ana County Sheris Oce 4 Customs 4 Anthony, New Mexico local police 2 Las Cruces, New Mexico Police Department 1 Mesilla, New Mexico Marshalls 1

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Deming, New Mexico local police 1 Vinton, New Mexico local police 1
Location of alleged incidents Location of Border Patrol alleged incidents

Incidents in TX 37%

Incidents in TX 33%

Incidents in NM 63%

Incidents in NM 67%

Total number of alleged abuses by agency: (Note: A single incident may represent multiple alleged abuses. For example, an illegal entry into a home, a wrongful detention and wrongful search of the same individual): ICE 10 Border Patrol 35 Texas State Troopers 6 El Paso County Sheris Oce 1 San Elizario Police Department 3 El Paso Police Department 11 Doa Ana County Sheris Oce 9 Customs 14 Anthony, New Mexico local police 4 Las Cruces, New Mexico Police Department 2 Mesilla, New Mexico Marshalls 2 Deming, New Mexico local police 1 Vinton, New Mexico local police 3

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Types of abuse reported at Ports of Entry


4

4 3

1 1 0 WD SH RP 1 WS PV EN 1 PA

2 1 DP FS DV IE WA AA WP HS 1 WC

Total incidents impacting or involving children by agency: ICE 4 Border Patrol 6 Customs 1 El Paso State and Local Police 6 New Mexico Local Police 4

30 24 18 12 6 0 9 4
ICE

21 14 6
Border Patrol

8
Customs

6 1
El Paso State and Local Police

9 4
New Mexico local police

Agency individual totals

Agency minors totals

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Recommendations
To protect community security of residents on the border and honor the values of our border region, the Border Network for Human Rights recommends the following policies:

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President Barack Obama:


1. e creation by executive order of a Border Enforcement Accountability and Oversight Commission to assess, monitor and investigate all federal border and immigration policies, projects, programs, and activities, including those of DHS Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and Citizenship and Immigration Services (USCIS) and those of all other relevant border enforcement agencies. is Commissions broad purposes must be to require due process and equal protection of the law for all those present at and near the border, to promote best civil and human rights practices by border enforcement agents, to enhance the capacity within border agencies, and to strengthen the relationship between the impacted local community and government agencies. is Commission must be independent of the government, have rule-making authority, and have subpoena power over border enforcement agencies. Most of all, it must comply with all human rights standards. On June 7, 2012 the Border Network for Human Rights launched the We e Border Campaign to urge President Obama to create this commission by executive order. Border Network members committed to working to collect more than 100,000 signatures from across the Southern U.S. Border and to deliver them by the end of October, 2012 (please see appendix E).

Federal Government:
1. President Barack Obama must issue an executive order to create the Border Enforcement Oversight and Accountability Commission, as detailed above. is is the primary recommendation of this report; 2. Congress must address family separation and wrongful deportation concerns in the form of a comprehensive reform of our immigration system; 3. Congress must pass the End Racial Pro ling Act; 4. e increase of resources and Customs personnel must be prioritized at all international ports of entry in our area to address lengthy wait times and de ciencies when checking individuals and vehicles crossing the border legally.

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Department of Homeland Security:


1. e El Paso Sector Chief of the Border Patrol can initiate an Accountability Audit with the Patrol Agent in Charge from the Stations in Las Cruces and Santa Teresa, New Mexico to review operations and integrity standards for ocers stationed there; 2. Border Patrol, Customs and Immigration and Customs Enforcement leadership must initiate recurring muster trainings on topics ranging from law enforcement behavior and public perceptions of psychological and physical abuse to Constitutional Fourth Amendment case law to address search and seizure protocol; 3. Just as weapons re-certi cation is a requirement of all CBP and ICE ocials, so must knowledge of Constitutional limits of authority with regard to the Fourth and Fih Amendments be required of all agents; 4. All Border Patrol personnel processing a person in detention must be re-certi ed in due process procedures with regard to lling out forms with legal consequences to the detainee;

Local Law Enforcement:


1. Doa Ana County Sheris Oce must review and revise its standard operating procedures to clearly state that it is not the responsibility of its deputies to act as federal immigration agents. is revision process should include dialogue with civil rights and human rights stakeholders in the County; 2. Local and state law enforcement agencies, including El Paso Police Department, Las Cruces Police Department, El Paso County Sheris Oce, Doa Ana County Sheris Oce, and Texas State Troopers, must conduct recurring muster trainings on topics that address Constitutional rights and case law on themes involving detention, arrests, searches, and entry as well as on topics ranging from law enforcement ocer behavior and public perceptions of psychological and physical abuse.

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Appendix A

IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)


ICE CASE #1 Alleged type of misconduct: Illegal entry, racial pro ling, denial of due process Date and time: 7/8/2011 Location: Franklin Apartments Number of victims: 4 On July 8, 2011 two ICE agents arrived at the Franklin Apartments and went to see the manager, who took them to the apartment of the V. family. e manager opened the door to the apartment for them. e family had a van parked outside with plates from Juarez; I think that is the reason why the ICE agents took them. ey took the mom, dad and their two daughters. All of them were living here with their laser VISAs. at happened on a Friday, aer which this family talked to their neighbor M.D. (female), and they told M.D. that the ICE agents took them to the bridge. ICE CASE #2 Alleged type of misconduct: Family separation Date and time: 6/28/2011 at 6:50 a.m. Location: BERINO CADENA STREET Number of victims: 2 Minors impacted: 3 On June 28, 2011 two men arrived at the house of G.P. (female) and I.H. (male) e men said they were from ICE. Both had necklaces with medallions and were wearing civilian clothes. ese men knocked on the door. I.H. opened and asked what they wanted. e ICE agents responded that they were there to arrest G.P. G.P. peered out the window and asked them why. ey responded, we have a warrant for you, and you are detained. ey never showed the warrant. e ICE ocers asked G.P. and I.H. a lot of questions in Spanish. ey gave G.P. and I.H. three options: be taken to jail, sign a voluntary departure, or be deported. e ICE agents took G.P. and I.H. and aer a time, they brought them back to their home, where they gave G.P. and I.H. one hour to collect their things. Aer that, the agents took them to the international bridge. is couple had three young children, all of them U.S. citizens. e three children went with G.P.s mom, who arrived an hour later. ICE CASE #3 Alleged type of misconduct: Wrongful search, psychological abuse Date and time: 6/14/2011 at 10:00 P.M. Location: [REDACTED] LAS CRUCES, New Mexico Number of victims: 1 On June 14, 2011 three people came knocking at my door, two men and one woman. ey said that there were reports of many robberies in this community and that they were investigating those robberies. en they asked for permission to enter my house and I let them enter. However, once they were inside they told me they were immigration agents. I told them that if they believed there was a problem they could inspect my home, so they started searching my home, looking into the drawers, in the bedrooms and they asked me about my kids. I told them they were U.S. citizens and that I was already in a process to x my immigration status. e woman was very rude which made me scared for my kids. ese ocers remained at my house for approximately an hour and a half, during which they didnt nd anything. At the end they le. Now I know they had no right to enter my home without a search warrant and even worse, they lied to gain entry into my home. e woman was very rude and discourteous. I resent the fact that they lied to gain entry to my house and search everything. ICE CASE #4 Alleged type of misconduct: Illegal entry Date and time: 6/22/2011 at 8:00 P.M. Location: ANTHONY, New Mexico Number of victims: 2 Minors impacted: 1 On June 22, 2011 two young men arrived to G.s (female) house, they knocked on the door and G. asked through the window what they wanted. ey told her they were there was because Mr. J.R., G.s husband, had told them that they had cars for sale. She told them that this wasnt true, but they insisted that she open the door. G. described them as being dressed like cholos with baggy pants. at is why she refused to open the door. Aer these men le, a lot of people arrived in many cars. ey started pulling on

Appendix A

the door saying that they had a car the report and that they were looking for someone named G.D. G.s older son arrived at the house, told them they couldnt be doing that, and asked them to please identify themselves. G. told them that her 8-year-old son has diabetes and that scaring him was bad for his health. Many of them le, leaving just two ICE agents. At some point, G. opened the door and allowed the agents inside. ere, they took ngerprints and asked questions. When they were nished, they told her that they were going to bring a citation for her to see a judge. ey also tell her that she couldnt work or leave the city, then le. e citation has never arrived.

TEXAS LOCAL AND STATE POLICE CASES


TEXAS STATE TROOPER CASE #1 Alleged type of misconduct: Wrongful detention, wrongful arrest, acting as a federal immigration agent, deprivation, denial of due process, family separation by Border Patrol, Date and time: 10/3/2011 at 7:25 a.m. Location: Bowdoin Street, Sparks, Texas Number of victims: 1 Minors impacted: 2 On October 3, 2011, my husband R.A.B. (male) le the house as usual to go to work at about 7:20 a.m. Five minutes later he called and asked me to get somebody with a drivers license to pick up the truck that we owned because a state trooper had just stopped him. I called a friend of ours named V.T. (male) and explained that I needed his help because I didnt have a drivers license. I le my house in one of the cars that we owned with my two children and we headed to my husband. When I arrived, Trooper Ryon Glenn asked for my drivers license. I told him I didnt have one. He asked why I was driving without a license. I answered that I had children and that I had to drive. e trooper asked for my husbands name. I answered his name was R.B.. e trooper told me my husband was carrying a false identi cation. I told him that was not true. I told him that I also had a matricula consular and that it was a valid identi cation. e trooper asked if my husband had been detained before and I answered no. e trooper said that my husband had told him that he had been detained before by immigration. I doubt this because my husband wouldnt say something like that. e trooper said that he was going to take my husband with him to get his ngerprints and if it turned out that my husband didnt owe any tickets, he would let him go. Just then our friend V.T. arrived to pick up the truck, the trooper asked my friend to leave and V.T. le. en another friend named J.L. arrived because my husband had previously called him. J.L. wanted to pick up the tools that he and my husband use for work. e trooper started investigating J.L. and asked for his drivers license, but he didnt have one. e trooper then used his own cell phone to take pictures of J.L.s face and the tattoos on his arms. My husband later told me later that the trooper also took a picture of my identi cation card. What I found very strange is that the trooper then allowed J.L. to take the truck even though J.L. didnt have a drivers license. e trooper took my husband with him and I headed home. I was waiting for my husband to call because I know they are allowed to make a call, and I speci cally wanted to warn him not to sign anything. I waited for his call for more than two hours, but he never did. Just then my husbands friend J.L. arrived to my house, saying that my husband was sending him text messages in English saying the following: I got released, can you go pick me up at Joe Battle and Rojas. I thought this was weird since my husband didnt know how to write in English but at the same time I got excited because I thought he was set free. en I realized it was a lie. I tried to communicate with my husband trough calls and text messages, but he didnt answer. Aer a while the phone was answered but it wasnt my husband. It was the trooper. I asked the trooper in English, Why are you using my husbands phone? and Why are you telling my husbands friend to go pick him up? e trooper answered in English that all he wanted was to arrest my husbands friend J.L. and he hung up the phone. At this point, I still didnt know where my husband was. I started calling the county jail, the annex, the Montana detention center, but got nowhere. Every minute that passed by put me in even more distress. I called an oce to ask the name of the trooper and to get more information about the patrol he was driving and they told me that the trooper took my husband to the immigration detention center at Ysleta. I called that location and they told me that my husband wasnt there and that they had nobody with that name. I later found out that this was a lie and that he had been there.

Appendix A

My husband eventually called me from Juarez at around 2:00 p.m. He told me that the trooper took him to the Santa Fe international bridge to give him to the immigration ocers. He said it seemed like this trooper had been doing this for a long time. e people at the bridge told my husband that it was his lucky day because they were not going to detain him and instead give him the opportunity to leave if he would just sign a voluntary departure. My husband signed the voluntary departure. At this point, he had been with the trooper at the ICE oce on Rojas Street since early that morning, and they hadnt even given him a glass of water or anything to eat. My husband tells me that the agents and the trooper were investigating his cell phone and were using it to text and call his friend J.L. My husband told me that they told him that they were going to look for his friend and that if his friend was with me they were going to arrest me so that immigration could detain me, because they already knew that I didnt have documents either. ree days later, my husband was killed in the violence in Juarez, Mexico. TEXAS STATE TROOPER CASE #2 Alleged type of misconduct: Acting as a federal immigration agent, denial of due process by ICE Date and time: 2/9/2012 Location: Horizon City, Texas Number of victims: 3 My husband was stopped by a state trooper on February 9, 2012 in the community of Horizon City. e state trooper said he stopped my husband because the windows of the car were tinted too dark. He asked my husband for insurance, drivers license and registration. My husband had none of that so he just handed the state trooper his matricula consular. e state trooper asked my husband if he was illegal and my husband said yes. He then asked my husband if the address on the matricula was still correct and my husband said yes. e state trooper went ahead and gave my husband a ticket for no insurance, no registration and no drivers license and let him go. One week aer this incident, an ICE vehicle parked very close to our house. ey never went to our house but were just watching. When my brother-in-law and nephew le the house that aernoon, they were stopped by the ICE agent, questioned, and arrested. When my husband le the house, he was not arrested but the agents followed him until he arrived at work. ere they stopped and arrested him, without telling him the reason. All the agents said was that it had to do with a ticket he previously received. ey also showed my husband pictures of him and his truck at the same place the state trooper had detained him last week. My husband is in prison right now. When he was arrested, he let the agents know that he was xing his immigration status, but they didnt care. EL PASO COUNTY SHERIFF CASE #3 Alleged type of misconduct: Denial of due process, wrongful deportation, family separation by ICE Date and time: 1/11/2012 at 11:30 P.M. Location: Tornillo, Texas (home) Number of victims: 1 Minors impacted: 4 On January 11 at 11:30 p.m., Sheris Deputy Favela arrested my brother, S.J.F (male), because he had an arrest warrant for a ticket he had not paid. My brother told the deputy that he had the I-130 and that he was xing his immigration status. He asked if he could pay this ticket in installments. e agent took him to the county jail where he ful lled the time he was supposed to be there. Aer that he was transferred by the sheris oce to the immigration detention center. He was at the immigration detention center for two weeks aer which he went back to the county jail. A lawyer went to see him for the rst time on March 29, 2012 and told my brother that his options were to serve between 2-4 years in prison or to sign the deportation order. My brother was afraid and signed the deportation order. e lawyer then said that my brother was going to be sent back to the detention center three in a matter of days. But to our surprise, he was actually sent to the jail annex where he stayed for two weeks. When my mom and my sister went to visit him, they told my mom she was not able to see him because he was going to be transferred. My brother asked them for permission to make a call to tell us that he was going to be transferred but they denied him access to make a call. When my brother arrived to the detention center he told them that he had the I-130, but they ignored this and he was deported in less than an hour. My brother was entitled to 14 days to appeal the decision but he was deported immediately. My brother le his four daughters. One daughter is 14, the other 12, and he has a pair of twins, who are 6 years old.

Appendix A

SAN ELIZARIO LOCAL POLICE CASE #4 Alleged type of misconduct: Wrongful arrest, physical abuse, psychological abuse Date and time: 12/27/11 at 7 p.m. Location: [REDACTED] Alnort St. [REDACTED], San Elizario Number of victims: 1 On November 27, 2011, I was having a discussion with my daughter S. She and my son B.s girlfriend got in a ght over a TV. I got involved and B.s girlfriend hit me. When S. saw this, she called the police, and I went into my room because I was worried. I was worried because in the past I was going to be deported, but the judge allowed me to stay here in the U.S. e judge told me not get into trouble with the law anymore. I suer from epileptic attacks because when I was living in Guatemala I was repeatedly raped and assaulted by my brother. So I took my pills, trazone, so that I would fall asleep and not worry about the police. I took the pills and tried to sleep. Aer some time, I heard someone knocking the door, and I went to open it. I remember that the sheris ocers were at the door and that they asked me if I was drunk. I dont remember everything because those pills always make me drowsy. en the ocers told me they were going to take me because I was intoxicated. I told them that I was in my house, but they took me outside, crying because I didnt want to go. en they put me inside the vehicle and thats when I suered an epilepsy attack. I lost sense of everything. When I nally regained some consciousness I remember that the handcus were too tight and that I was on the oor with one of the ocers with his foot on top of me. I remember seeing my daughter S. crying and telling the neighbors to come outside and see the way they were treating me. e ocer told them all to get inside or he would also give them the same treatment. My daughter tried to call 911 to tell them I was being abused by the police ocer but the operator just laughed. e police ocer saw that my daughter was on the phone and told her to hang up or that he would call CPS to take her kids. en they took me to the San Elizario prison. I was bleeding and they didnt give me rst aid, and they were making fun of me. One of the ocers opened the door and asked me what happened and I told him everything. He suggested that I should press charges against that ocer, because he described him as a brute. e names of the ocers were Joshua Azeita and Pedro Palacios. EL PASO LOCAL POLICE CASE #5 Alleged type of misconduct: Acting as a federal immigration agent Date and time: 4/25/2012 Location: [REDACTED] Taylor Avenue Number of victims: 4 On April 25, 2012 at around 9:00 a.m., I heard someone knocking on my door, but I didnt open because I didnt know who it was. en they started yelling, saying they were the police, and knocking on the door with their guns. I opened the door and they told me to come outside, which I did. ey told me that they were looking for someone named E.R. (male) and showed me a picture of him. I told them that I didnt know who this person was and that the police had already been at my house about three times looking for this man. I told them that we were renting there. ey told me to tell the people that were inside to come outside and I did. One of the people in the house was my brother-in-law and the other was a roommate. e police ocers asked them for identi cation and they showed their matricula consular cards. When the ocers saw the Mexican identi cation they said, Did you know that we can call the greens? referring to the Border Patrol. e ocers took out their cell phones and asked my brother-in-law and my roommate for their names. en the police ocer told whoever he was talking to on the phone to look for those names in the database. Aer that they told me to go inside the house. One of them asked for my identi cation as the other ocer was waving his hands and telling him not to ask me anything. Soon aer that, two female ICE agents arrived and asked my brother-in-law, our roommate and I to show them our identi cation. e ICE agents asked me where my children were born. I told them the older one was from Mexico and that my little girl was born in California. ey told me they were going to have to take me and maybe deport me to Mexico. ey took me to the detention center on Montana and took all of my information. I was there for about four hours. When it was all over, they told me to call somebody that could come to pick me up. I called my husband and he sent the landlord to go pick me up. I was given a court date for May 2.

Appendix A

But aer all of this, I was very scared. I le to Mexico before the court date. Note: Morton Memo would have applied in this case. EL PASO LOCAL POLICE CASE #6 Alleged type of misconduct: Acting as a federal immigration agent, denial of due process Date and time: 7/17/2011 at 3:00 a.m. Location: Zaragoza and Tierra del Este Number of victims: 1 We were driving on Zaragoza Street aer leaving the dance ballroom. It was between 2:30 or 3:00 a.m. We were riding in a truck, some of us at the back of the truck and some more in the front. As we were driving, some people in another car began shouting at us. We didnt know who they were. ey were shouting bad words and making fun of us. e person who was driving our truck entered a gas station to get gasoline and the driver of the other car did the same. It was a group of about six people and they were still laughing and telling us bad words. One of my friends got out of the truck and threw a bottle at the car, breaking the back window. ats when a police patrol that was waiting at a nearby trac light saw my friend breaking the cars window. e police ocer turned,came towards us, and called more police. As we waited and talked to the ocer, one of my friends who had previously asked the police ocer permission to go to the restroom came back and saw that many police cars had arrived. He got scared and started running. e ocers followed him, caught him, handcued him, and brought him back to where the rest of us were. e police ocers started investigating us and I showed them my expired passport because I have no other identi cation. My friend showed them his Mexican voting card. e ocers did not ask us for our papers, but at some point, they called immigration. When the immigration agents got there, they asked us for our papers. Since my friend and I do not have papers, they led us to the immigration oce at Rojas street. Once we were there, they started the immigration process. ey told us to sign a document to be able to leave right away back to Mexico, but I did not sign. ey insisted a few times but I refused to sign anything. Aer this the agents took me to Montana at about 11:00 a.m. I was there for three weeks, until I got out on $8,500 bail. I will go to court in three years, when they will decide what is going to happen to me. EL PASO LOCAL POLICE CASE #7 Alleged type of misconduct: Wrongful arrest, psychological abuse, harassment, wrongful detention, acting as a federal immigration agent Date and time: 9/2/2011 Location: Intersection of Fillmore and Taylor Number of victims: 2 On September 2, 2011, as my husband and I were leaving our house, we saw a police patrol car a few blocks ahead. e police patrol followed us and stopped us. e ocers told us to get out of the car and we did. ey asked a lot of questions about my husbands brother. We were there answering questions for about half an hour when a red car arrived. e people in the car were dressed as civilians and they were carrying guns. ey asked if there were more people at our house and if we could give them permission to go and check the house. We gave them permission and they checked everything and le aer an hour. My husband and I were very nervous because we did not know what was going on. We started to put some things in boxes because we had planned to have a yard sale at our friends house. We then drove to our friends house at Fred Wilson and Ketner. When we arrived, we were parking the car when many police vehicles and civilian cars surrounded us and started yelling at us to get down on the ground. All of them had guns pointed at us. We hit the ground and they approached and handcued us. ey took us into their cars kept questioning us about my husbands brother. ats when they began threatening to deport us. ey interrogated us for a long period of time and took us to the detention center even though my husband is a legal resident. One of the cops was making fun of me, threatening to deport me. When we arrived at the immigration oces, the interrogation continued. Aer some time, they let my husband go by leaving him just outside of the building. I was taken to the detention center, where I remained for twelve days until I got out on bail. Since I got out of the detention center, dierent police ocers have come to my house three or four times to bother me.

Appendix A

EL PASO LOCAL POLICE CASE #8 Alleged type of misconduct: Wrongful detention, psychological and verbal abuse, physical abuse Date and time: February 24, 2012 Location: Zaragoza and Escobar Number of victims: 1 I was driving on Zaragoza Road passing Escobar Street when I had to race around the car in front of me because the driver braked suddenly and I did not want to hit him. Aer this, I was pulled over by a police ocer. When I saw the ocer walking toward my car I opened the door because my window didnt work. e ocer shut the door aggressively and asked if I was drunk in a very mean way. Aer he realized that I was not drunk, the ocer asked me to open the door and asked for my drivers license.I told him it was expired. e ocer walked away and sat in his vehicle for a few minutes, then came back with a ticket in hand. e ocer told me he was giving me the ticket because I had only one hand on the steering wheel and was holding a phone with the other. But that isnt possible. I had actually le my phone at home that day.I even oered to allow the cop to search my car for a phone but the ocer did not allow me to explain what happened or defend myself. e ocer gave me the ticket and le. I was really emotional but I had to drive because the ocer was waiting for me to go. A few minutes later I pulled over crying because I had just been called a drunk, been yelled at, had my car door shut on me abruptly, and been denied the opportunity to explain what happened. All I wanted to do was call one of my sons but I couldnt because I had forgotten my phone at home. Now I am scared of having to go through something like that again.

DOA ANA COUNTY, NEW MEXICO SHERIFF CASES


DOA ANA SHERIFF CASE #1 Alleged type of misconduct: Acting as a federal immigration agent Date and time: 1/20/2012 around 8:00 p.m. Location: Highway 70 Number of victims: 1 J.G. (male) was driving on the freeway heading home. A sheris deputy detained J.G. because one of his truck lights was not working. e deputy asked J.G. for his drivers license and insurance. At the time, J.G. had his license suspended so the deputy asked J.G. for his Social Security number. Since J.G. did not have one, the sheri called immigration agents. e immigration agents arrived and took J.G. DOA ANA COUNTY SHERIFF CASE #2 Alleged type of misconduct: Acting as a federal immigration agent, wrongful detention, wrongful arrest by Border Patrol Date and time: 3/13/11 Location: Las Brisas Mobile Home Parking Lot Number of victims: 1 L. (female) was entering the mobile home parking lot when a sheris deputy parked at the entrance stopped her. e deputy claimed that her front window was too dark. He asked for her drivers license and insurance and she gave him both. She could not understand most of what he was saying because she only knows Spanish and the agent only spoke English. He was screaming and hitting the front window to let her know that it was too dark. He then went to check the papers in his vehicle and had her waiting for 45 minutes. During that time, he stopped three more people and called the Border Patrol. When the Border Patrol arrived, the agent asked her if she had papers. She told him she had a VISA and that this was at her home. ey did not allow her to enter her home to retrieve her VISA. She was taken to the Immigration Detention Center, where she stayed for 15 days. L. had to pay a $7,500 bail and now awaits a court audience in 2014. DOA ANA COUNTY SHERIFF CASE #3 Alleged type of misconduct: Acting as a federal immigration agent, wrongful detention Date and time: 5/10/11 at 10a.m. Location: Highway 70 Number of victims: 1 On May 10, 2011 around 10 a.m. R.V. (female) was riding in a car with her friend V. on Highway 70 when they were stopped by a sheris deputy for going over the speed limit. V. was driving. V. is a U.S. citizen, but R.V. is undocumented. When the sheri asked if they had documents and he realized R.V. was undocumented, he immediately called Border Patrol. e Border Patrol agents arrested R.V., who was later deported. R.V. has a brain tumor, which has been aecting her more since that day.

Appendix A

DOA ANA COUNTY SHERIFF #4 Alleged type of misconduct: Acting as a federal immigration agent, wrongful detention, physical abuse, wrongful con scation of property, psychological and verbal abuse by Border Patrol, family separation by Border Patrol Date and time: 3/2011 Location: Main Street Las, Cruces N.M. Number of victims: 4 Minors impacted: 2 My sixteen-year-old brother was driving to the Albertsons store on Main Street. His friend, my mom, and my two-year-old son were with him. My brother parked the car in the stores parking lot and the four of them got out the car. A sheris deputy turned on the lights and asked my brother for his drivers license, registration and car insurance. My mom took my son and went to the store while my brother and his friend remained at the car. My brother did not have insurance or registration. He just handed the sheri his expired drivers license. e sheri went to his car to check the license and called immigration agents. He told my brother that he was going to give him a ticket for not having insurance or registration and an expired drivers license. It was then that my brothers friend called me to tell me what was going on. When I arrived, my mom and son were already back and inside the car. I asked the sheri why he had detained my brother. He answered that my brother looked too young to be driving. e deputy asked me for identi cation. I told the sheri that I hadnt committed any fault and that he was not supposed to interrogate me. I was just there because of my two-year-old boy. e sheri started interrogating my mom and asked her for identi cation. My mom told him she did not have her purse with her. At that moment a Border Patrol vehicle arrived and a Border Patrol agent started interrogating my mom, asking for identi cation. My mom told him that she did not have her purse with her but that she knew her rights. e agent told her that she was conceited because she was living here but that she did not know how to speak English. My mom felt very humiliated and started crying, My brother and I were upset because the immigration agent was insulting my mom. I asked him why he was doing that and why he was there. I also asked the sheri why he had called immigration since that was not his job. e deputy denied he had called immigration, but my brother and his friend heard him calling them. e immigration agent told me that he had to take my mom with him because she was unable to identify herself. I asked him to wait because I was calling my dad to tell him what was going on. en 5 Border Patrol vehicles arrived with 7 more agents. ey asked my mom if she had papers and that they needed to see identi cation. She kept saying that her purse was at the house. ey asked my mom to take them to her house so they could see her identi cation but she did not agree. I told them that my dad was already coming and they told me to make sure that whoever was going to arrive to bring documentation. One of the agents started harassing and insulting my mom again. My brother insulted this agent with bad words, saying that he was not going to be insulting our mom in front of him. e sheri heard this and threw my brother against the hood of his car, handcued and arrested him. He squeezed the handcus too much, and when he took my brother to his car, I could see that my brothers wrists were already hurt. My mom was watching all that and started crying more. She told the ocers she did not want any more problems. She asked them to take her, but to please stop assaulting her son. en my dad arrived and one of the immigration agents asked him for his papers. My dad was scared because he did not have his wallet with him, but he let the agent know that he was a permanent lawful resident. e agent asked my dad if he had been a smuggler of my mother and my dad said no. e agent continued asking my dad if my mom had papers. My dad said that he was not going to answer anything and that he better ask my mom, the agent checked my dads record and mockingly told him that he had been arrested twice for DWI. A crane arrived to take the car and we started taking our belongings from the car. I grabbed my baby and we said goodbye to my mom. ey told us they were taking her to the immigration oce at Main Street. We asked the sheri if we could get closer to talk to my brother because he was very frightened, and the sheri let us approach him. We saw that my mom was being transported as if she was a criminal. e sheri le as well. Exactly an hour later my brother called us, asking us to go pick him up to an oce on Amador Street, where the sheris usually take minors. My brother was asked to attend anger management classes so the case could end. My dad went to see my mom at the immigration oce and my mom told my dad that two immigration ocers were mocking her, looking at her and making fun of her. My mom was in jail for over a month, rst at Otero Prison and then transferred to El Paso. She was given the opportunity to pay a bail bond of $2,500 and but we were not able to nd someone to sign for her. My mom was released on May 10, 2011 to Juarez. She was not deported nor given a voluntary departure. e judge gave her the opportunity to x her migratory status from Mexico.

Appendix A

CBP - CUSTOMS CASES


CUSTOMS AGENTS CASE #1 Alleged type of misconduct: Pro ling, wrongful detention Date and time: Several times since 2010 Location: Puente Libre (504 West San Antonio) Number of victims: 1 Every single time K.V. (female), a U.S. Citizen, crosses the international bridge back to U.S., she is subject to extensive searches and detentions due to the fact that she was raised in Juarez and does not speak English. She came to live in the U.S. ten months ago. CUSTOMS AGENTS CASE #2 Alleged type of misconduct: Wrongful detention, wrongful con scation of property, deprivation, psychological abuse, denial of due process Date and time: 2/11/12 12:00 p.m. Location: Puente Libre (504 West San Antonio) Number of victims: 1 When L.R. (female), a legal resident of the U.S., attempted to enter the U.S. on Saturday February 11, 2012 at around noon, a CBP agent accused her of carrying drugs in ve boxes of juices she intended to sell here in the U.S. L.R. was handcued and detained from 12:00 noon to 9:00 p.m. During that period she was not given anything to eat. e CBP agent took L.R.s ngerprints and a picture of her. At the end of her detention, L.R. received a call con rming that there were no drugs in the juices she was carrying. e agents never returned the juice boxes to L.R. e second time she crossed the bridge back in to the U.S., a CBP agent told her that her record had already been damaged, and that she would have to go through an extensive search again. e agents threatened to revoke her residency if she continued to bring juice boxes. CUSTOMS AGENTS CASE #3 Alleged type of misconduct: Wrongful detention, physical abuse, psychological and verbal abuse, wrongful search Date and time: 1/16/2012 between 9:00 and 10:00 a.m. Location: Santa Fe International Bridge Number of victims: 5 It was on January 16, 2012, between 9 and 10 a.m. when I was detained at the Santa Fe International Bridge. I was detained for about three hours. e Customs agents told me that somebody had reported me and was following me because I was selling second hand things in El Paso. While they were investigating me, they said that I had asked for Medicaid. I said no to every single thing I was being accused of and aer three hours they let me go. ey told me not to cross until I could bring the hospital documentation to prove that I was paying for medical care. at same aernoon I came back to the bridge with the hospital documents they had requested. e agents detained me again. But this time I was crossing with my aunt, my grandmother and two cousins. My family was also detained, just because they were with me. ey were detained for four hours, during which the agents asked my family things about me. e agents harassed me for twelve hours with the same accusations as in the morning. ey detained me from 3:00 p.m. to 3:15 a.m. In the time, I was subjected to verbal abuse; they used bad words and had me on my knees handcued for about an hour. I asked them to please loosen the handcus, because they were hurting me a lot due to my illness. e agents said they couldnt do that because it was for the agents safety. Aer an hour they told me to stand up and to open my legs. I did it, but since my legs are broken I could not open them really wide. Ocer Guerrero told me to open legs my legs wider, but I explained to that him I couldnt because my legs were broken. ats when Ocer Guerrero kicked me in the legs so I could open them more. is hurt me and he told me that I was a fucking Mexican asshole and that I had only come to leave debts in the hospital, among other things. I was carrying about $2,300 dollars to deposit in the bank. Ocer Guerrero said that a fucking Mexican could not have that amount of money. He said I was working for the drug cartel, because thats the only thing that would explain why I had that amount with me. Ocer Guerrero threatened me by saying that he would send me to county jail for six months. ats when they took my phone and started calling and talking to some of my contacts. ey also searched in my wallet and started talking to the

Appendix A

people on the business cards I had. It bothers me a lot that they saw the private messages my girlfriend had sent me. I told them I am a psychologist, and one of the ocers told me I was just a well-trained fucking criminal. Aer all that, they couldnt prove anything. ey let me go aer twelve hours. CUSTOMS AGENTS CASE #4 Alleged type of misconduct: Wrongful detention, psychological abuse, denial of due process Date and time: 10/8/2011 Location: International Bridge Number of victims: 1 Minors impacted: 1 My son K.O.T. was born on December 13, 2008 at the MMC hospital in Las Cruces, N.M. Before giving birth to K.O.T., I had crossed the International Bridge several times, but I dont remember exactly how many. e last time I crossed was approximately on December 5, 2008. I remember because I had nished my high school classes and wanted to spend some days with one of my cousins before giving birth to my baby. I was told at the clinic that I wouldnt be giving birth until December 23, so I knew I still had some days to spend with my cousin. My cousin lived in Anthony, Texas. On December 13, I started having contractions and my cousin took me to the hospital, where I had my baby. ey had me there for three days because they didnt have my le and I was charged $1,800 dollars. I paid $1,300 in cash and the rest with a check. On October 8, 2011, I was detained trying to cross into the U.S. at the international bridge, I wanted to do some shopping and the agent that checked my VISA and my sons birth certi cate asked me if I had permission to be in Las Cruces at the time of giving birth to my baby. I answered no, and he asked me for my purse and started checking it, he also checked my wallet and he saw that I only had $60 to go shopping. He took me into the oce, where I was detained for about twelve hours. e agents treated me fairly during the time that I was kept there. Aer that, Ocer Dominguez took my declaration and asked me some questions. e ocer told me that they were going to revoke my VISA because I didnt have permission to be in Las Cruces at the time of giving birth to my baby. He said that it wasnt a crime to have the babies here in the U.S. but that I needed to have permission to be in the U.S. at that time. He added that they were going to punish me for ve years. ats when he mockingly asked why I had so many papers. I answered that it was in case I was detained, so I could prove that I was living and studying in Juarez. I also had with me a little book that records the gestational progress that the clinic in Juarez had given me. I was carrying this so I could prove that I intended to give birth to my son in Juarez. I told the ocer that whenever my son needed his vaccines, I used to take him to El Paso and pay $20 for them. ats when they decided to revoke my VISA. I asked the ocer that took my declaration why they were revoking my VISA now, when I had already spent 2 years and 10 months crossing the bridge with my son, during which time I had never been told anything. I said that the only thing the agents had done in the past was to take me into their oces, check the hospital documents proving that I had paid the hospital expenses aer which they would let me go. He did not answer me.

BORDER PATROL CASES


BORDER PATROL CASE #1 Alleged type of misconduct: Wrongful detention, sexual harassment Date and time: 8/24/2011 at 11:00 a.m. Location: Big 8 Store at Paisano Street, El Paso, Texas Number of victims: 1 On August 24, 2011, I was parking my car at the Big 8 store on Paisano Street when I saw a Border Patrol vehicle getting parked behind my car. ats when the Border Patrol agent in the passenger seat got out of the vehicle and approached my window. He didnt ask me anything, he was just speaking on the phone. When the agent nished speaking on his phone, he asked me to come out of my car, and went to talk to the ocer that was still inside the Border Patrol vehicle. ats when both of them approached me. One of them started to speak on the phone again and the other told me to take my sunglasses o. I took my sunglasses o and the agent told me I had pretty eyes and hair.

Appendix A

I spent two hours there with the agents. One of them asked me for identi cation, and I gave them my laser VISA. I told them that I was just there to buy groceries. ey were just looking at my laser VISA, and I started getting nervous. Aer a while they gave me my VISA back and said, Its okay, then le. at incident caused my sugar levels to rise because they had me waiting under the sun for two hours. BORDER PATROL CASE #2 Alleged type of misconduct: Racial pro ling Date and time: 4/17/2012 at 12:00 noon Location: [REDACTED] Loman Avenue, Las Cruces, New Mexico Number of victims: 2 I, Mr. J.S. and some other co-workers were working on an oce building located on [REDACTED] Loman Avenue in Las Cruces when two Border Patrol agents arrived to the construction site. e agents had a dog with them. e agents asked us in a very arrogant way for our documents. I told them I was a U.S. Citizen, that they were trespassing on private property and that they couldnt be doing.ey smiled. C.B. (male), one of my co-workers who is a native Indian, told them that he had more right to be here than them. e agents got upset and le. BORDER PATROL CASE #3 Alleged type of misconduct: Psychological abuse of children, wrongful search, wrongful detention Date and time: 8/10/2011 Location: Anthony, New Mexico Number of victims: 5 Minors impacted: 2 On August 10, 2011, Mr. H.s ex-wife called immigration authorities to report him. Aer some time, Border Patrol agents riding bicycles arrived to Mr. H.s home. e agents knocked on the door and Mr. H. opened the door. Some time later, a Border Patrol vehicle arrived. e Border Patrol agents entered the house,took Mr. H. and his wife outside, and began a search of the house. As Mr. H and his wife were entering the Border Patrol vehicle, they realized that their two daughters were already in the vehicle. One of the daughters is 6 years old and the other is 7. e two young girls were supposed to be at school, which means that the Border Patrol agents went to the school to pick them up. e entire family was taken to the El Paso detention center and they were all granted a voluntary departure. BORDER PATROL CASE #4 Alleged type of misconduct: Verbal abuse, psychological abuse, racial pro ling, wrongful detention Date and time: 7/2011 Location: Washington Park (Tobin and Alameda Street), El Paso, Texas Number of victims: 2 Minors impacted: 1 One aernoon, I was walking through the Washington Park with my 15-year-old son when a Border Patrol vehicle approached us with the sirens on. A woman got out of the car and began to ask in an intimidating tone if my son and I had just crossed from Mexico. She asked if we were wet backs. I answered no and said that we were just walking for exercise in the park. She said, at is what you all say. She told me to show my documents, but I told her I didnt have them with me. She replied, Well that is your problem, I need to know if you are legally here, if not Ill take you with me. She asked me to send my son to bring the documents, and so I did. When my son came back with my green card, the Border Patrol agent inspected it, checked it and realized that it wasnt a fake. By this time, I had already spent more than one hour and a half with the agent. She said in a very haughty tone that I could leave, but she seemed to be upset. I felt scared and humiliated by the way she had spoken to me. BORDER PATROL CASE #5 Alleged type of misconduct: Wrongful detention of a U.S. citizen, racial pro ling Date and time: August 2010 at 7:00 a.m. Location: Holman and Miller, Las Cruces, New Mexico Number of victims: 1 I, C.S., (female) was driving near Holman and Miller at around 7:00 a.m. in August 2010 when a Border Patrol agent stopped me. He then called a sheris deputy. When the deputy arrived, both ocers came to my vehicle and asked for my information. When they heard my last name the Border Patrol agent said that I was from Puerto Rico but I told them that I was not. e Border Patrol agent asked for my Social Security number three times before I nally gave it to him. He insisted that I didnt want to give him my

Appendix A

Social Security number because if I was from Puerto Rico like he said, then I was U.S. citizen. I told them many times that I was an American citizen but he insisted that I was from Puerto Rico and that Puerto Rico was not part of the U.S. Aer they had me waiting over forty minutes, they nally realized I was an American citizen and the Border Patrol agent le. e sheris deputy said that he was going to give me a ticket because I did not have proof of insurance and then le. When I appeared in court for that ticket, there was no record of it at the court. BORDER PATROL CASE #6 Alleged type of misconduct: Endangerment, physical abuse Date and time: 3/24/12 at 7:00 p.m. Location: Sunland Park, New Mexico Number of victims: 2 On March 24, M.J. and A.P. (males) were crossing the border through Sunland Park when they were detained by Border Patrol agents. is was the rst time they had crossed the border. ey were taken to the detention facility where they received an injection, which they described as a vaccine. ey were not told the purpose of the injection. ey both got an infection aer receiving the injections. One of them was then transferred to the Alamogordo Prison. BORDER PATROL CASE #7 Alleged type of misconduct: Denial of due process, psychological abuse, physical abuse, family separation Date and time: 9/9/11 at 7:00 p.m. Location: [REDACTED] Montana, El Paso, Texas Number of victims: 3 Minors impacted: 1 Statement #1: My father, brother, and I were driving on Montana Street. My father was driving, my 14-year-old brother was in the back, and I was in the passenger seat. We were going to our church, located at [REDACTED] Montana. We were driving in the right lane when a Border Patrol vehicle driving in the le lane seemed as if it was going to pass us. Suddenly the agents in the vehicle turned to look at us, with one of the agents sticking his head almost out of the vehicle. My brother who was sitting in the middle back seat was really nervous and he turned to look at the agents. It was then that the agents slowed down to position their vehicle behind ours in the right lane. At this point, they did not turn the vehicles lights, they just continued to follow us. We always take a road o Montana to get to church so we turned on our signal lights to change lanes and the agents did the same. When we turned the signal lights again to exit Montana, the agents followed. ey continued to follow us until we reached the parking lot of the church, and thats when they turned on the sirens and got out of the vehicle. Some people tried to come near us to see what was happening, but the agents told them to step away. ats when they asked us for identi cation. I showed them my matricula consular, a Mexican identi cation card, and my father showed them his Mexican drivers license. en they asked if we had papers and we said no. ey took us to the Border Patrol oce on Rojas Street. ere they talked to each one of us individually, pressuring each of us to sign a voluntary deportation. ey even lied to my dad, saying that if he signed they would let us go home. But we didnt sign because we remembered my mother telling us not to sign anything. My younger brother was very scared and crying. ey would call my mother telling her that if she came to the oce and signed for my brother they would let him go. But my mom was scared because it was a weekend and she could not get a hold of a lawyer for guidance. en they took my brother elsewhere. My father and I were desperate because there was no sign of my mother and they told us that if we didnt sign they would take my brother somewhere far away. Even then we did not sign. ey continued to pressure us every 10 or 15 minutes. Finally, they separated me from my father and I was there for about two weeks. One day I got to make a call, but one of the ocers patrolling thought that I had tried to escape. When he saw me he threw me to the ground and held me tightly from my arms. I was nervous and hurting, until another ocer came and I explained to him that it was another ocer that took me out of my cell. I eventually bailed out, and I have court in three years. Statement #2: Aer they took my son, R.R., to the Immigration Oce on Rojas Street, he was then taken to Otero. He has a permit to work in the U.S. ere he took a bath and was taken to the Juvenile Center to sleep in a hard bed with no mattress, which had a lot of bumps and was taken out of a closet lled with roaches and spiders. He was given breakfast along with cookies and juice and then around 1 p.m. was taken to Las Casitas which is a name given by agents to a Juvenile Center. ere he was again bathed and fed. At 1 a.m. agents woke him up to be taken back to the Border Patrol oce. From there they called me and allowed me to speak to my son, but he was crying and I could not understand anything he was saying. I kept asking what was wrong and if he had been physically abused. e agents took the phone from him, and told me they would call again when my son was feeling better. About

Appendix A

20 minutes passed, and they called again but my son was still sobbing. is time though, I could at least understand him. I kept asking him why he was crying. He told me he was crying because the agents were telling him he would never see me again. He was then taken to Los Fresnos, Texas. I received a call from (Benjamin) Ben Belmont telling me that he was going to represent my son. I later learned that my 14-year-old son was in isolation for 8 days, because my son was new and could not have contact with others. I was able to speak to my son two times a week for 5 minutes, and in that time I always asked Ben how I could get my son back home. He told me he would send some documents for me to ll out that the government would review to see if my son could be returned to my brother. But lawyers told me not to ll out those forms because of my current situation. Aer much struggle and much investigation from the government my son was returned to my brother aer two months and aer paying $500. I was able to nd a lawyer who was going to take my case for free because I had no money to pay for a lawyer. I was already paying for my older sons lawyer while paying for rent and utilities. is lawyer told me that she was uncomfortable with the case because she had never dealt with child cases before, and that she didnt know why she was assigned this case. She told me that the judge was just waiting for my husband to be deported to Mexico so that my son could be deported with him. She said that at that time I should sign my sons deportation and that I had to go with him. I had already begun to sell all I owned so that when the time came I would go with my family to Mexico. en suddenly, I got a call from the lawyer telling me that we would no longer have a hearing with the judge. She also said that in possibly one to 10 years there will be another audience where it would be decided if my son could stay in the U.S. at the discretion of the judge. Statement #3: Aer my husband and two sons were taken to the Immigration Oces at Rojas Street, they were pressured into signing their voluntary deportation. ey both refused to sign and my husband was taken to the county jail in downtown El Paso. He was there for about a month and a half. en he was taken to the annex on Montana for another month and a half. Aer that, he was nally taken to Otero for another month. en he was delivered to immigration detention. During that time he was being investigated because according to the agents, he had the same name as a drug dealer. e immigration agents would scrub his arms hard with a thread sponge looking for the tattoos and scars the drug dealer had. When they didnt nd them, the agents said that he probably had them removed. ey would keep him in isolation in a dark room. e agents told him that he had three deportations but he only had one from 2002, when he returned the next year in 2003. at was the year our family as a whole crossed. We had been living in the U.S. for eight years on the day my husband and sons were detained. My husband got anxious and he eventually signed his deportation so he could serve less time in jail. He was deported and taken to Mexico. Now the agents tell us that he is deported for life, but the lawyers say it is only for 10 years. I dont know what to believe anymore. My son applied for prosecutorial discretion and was allowed to stay with our family in the U.S. BORDER PATROL AND POLICE OFFICER CASE #8 Alleged type of misconduct: Denial of due process, deprivation, psychological abuse, endangerment, illegal entry, wrongful search Date and time: 11/7/11 at 9:00 a.m. Location: [REDACTED] Polk, in Anthony, New Mexico Number of victims: 4 On November 7, 2011, two Border Patrol agents and a local police ocer entered our home by force, and started searching all rooms. ey were upset and asked me why we didnt open the door, and I told them that I dont open the door to just anyone especially when they knock so hard. My daughter, C.B. (female) told them that they violated the 4th Amendment and asked to see a search warrant; the Border Patrol just answered that that didnt matter because they were already inside, and told her to be quiet because answering back to them could actually make matters worse. My mother was really scared.e ocers asked if we had documents; my mother showed her documentation but they realized not all of us had papers. Since the three ocers were on bicycles they called for a Border Patrol vehicle; they took 4 people including me, M.B. (female), C.R. (female) , B.S. (female), and L.G. (male) to Santa Teresa. On our way to Santa Teresa, the Border Patrol ocers were breaking really hard so that we would hit ourselves and bump into each other, they also had the carriage air as cold as it could be and they would laugh when they saw us shivering. e agents did not allow us to make calls, not even to contact a lawyer. BORDER PATROL AND POLICE OFFICER CASE #9 Alleged type of misconduct: Deprivation, verbal abuse, psychological abuse, denial of due process, physical abuse, endangerment, sexual harassment, family separation, acting as a federal immigration agent (New Mexico ocer) Date and time: 1:30 p.m. Location: [REDACTED] Cuarta, in Anthony, New Mexico Number of victims: 1 Minors impacted: 2

Appendix A

It was a normal day, I had gone to my doctors appointment at 8:45 a.m. and returned home at about 11:00 a.m. At around 1:30 p.m. I stated preparing a meal for my kids who would be returning home soon from school. I heard someone knocking on my door. I saw that it was a police ocer so I went to open the door. e ocer asked if I knew a S.D. (female) but I did not answer him, he then asked for identi cation so I went inside to look for it,then came back and gave it to him. en four Border Patrol agents arrived and asked to see the ID, the police ocer handed it to them. e Border Patrol agent told me that I was using another name, and that I was concealing the person that they were looking for. I kept insisting that neither of those accusations was true. I even gave them permission to search my house but the agent refused; instead he asked if I had papers, and I told him I didnt. He then called me an illegal, and asked me all these questions about when and where I crossed the border. I told them that I had entered the country with a visitors VISA, but that it already had expired. He told me that I had plans to stay here, and I told him I did because the health of one of my children was on the line. He said that he didnt care because my place was in Mexico. He and his companions then talked amongst themselves, and then told me that they were going to take me away. I told them that he couldnt take me because my children were in school.He said that he would go get them at the school. I told him that he could not do that because they were American citizens and they had a right to be here in the U.S. He said that he didnt care and that I should take them with me. I told him that I could leave them with my mom, and he said no. I told him he could do anything he wanted with me, but to please leave my children alone. I was pregnant at the time and the pregnancy had given me gestationaldiabetes. I told this to the agent and told him that I hadnt eaten. He laughed when I told him this and said that they were going to feed me at the place we were going. e police ocer noticed how the Border Patrol agents were treating me, and asked me if I needed to change clothes and that if so I should do it then because there were about to take me away. I went into my bedroom to change, but I had to change in front of a Border Patrol ocer because he did not allow me to close the door. My mother arrived to take care of my 3-year-old boy, but the agents told her that she could not get him. My mother was really worried about my diabetes and went to her house, which is next door, to call for an ambulance but they didnt answer her. An agent followed my mother to her house and asked for her documents, he said that he didnt want just an ID, so my mother went inside her home to look for her papers. When she showed them her documents they did not allow her near me anymore. e ocer told me to get in the car and my 3-year-old was hugging my leg telling me not to go. A friend of my husband approached the agent and told him that he could not take me because I was pregnant and sick. e agent asked for his papers and he showed them to him. e agent told him to stop getting involved or that he would have him arrested, so my husbands friend stepped away. en I had to struggle to get in the vehicle, but they took me to the police station rst so that I could calm down. ere in the police station, they called an ambulance for me. When the paramedics told the agents I that I was not doing well they decided to take me to the hospital. e Border Patrol agents escorted me all the way to the Las Palmas Medical Center in El Paso. When I got there they were escorting me through the hallways like a criminal and an agent stood in the door so that only nurses and doctors came in and didnt allow anyone from my family to see me. My sugar levels were very high and I was going through a lot of pain.One of the agents there with me it the room was telling me he was going to send me to Juarez. My phone started ringing and he told me not to answer it. I told him that I at least wanted to tell my family where I was and he said to make the call short. When I answered it was actually my lawyer to tell me that he was on his way and told me not to do anything until he arrived. e agent told me to hang up. I hung up and was not allowed to receive more calls. At around 5 p.m. the lawyer got to the hospital and explained to the agents that he was going to represent me. e agents let them in the room, but they were listening to our conversation. I explained to the lawyer all that had happened, and he said that everything was going to be OK because the agents committed an abuse by taking me when I was pregnant. e lawyer told me to calm down and le aer about 5 minutes. ats when my father came into the room to see how I was doing but the agent told him that he had to leave aer 5 minutes. e agent kicked my father out and did the same thing with my sister when she came to visit. I was there alone in the room without being able to eat or drink anything because the nurse told me that there was a chance they would perform an emergency C-section if my pain did not decrease. At about 8 p.m. the doctor did a check-up and explained to me that my baby was scared and that was why my baby was moving so much. He told me that the pain would not stop until I calmed down and rested. e Border Patrol agent heard this and he said he didnt care, and that I should dress up because they were already taking me to Santa Teresa. I begged the agent to wait and allow me to rest and do what the doctor said, but he said he didnt care.

Appendix A

ats when he took me outside, and the Border Patrol agent made me get into the vehicle. But I was hurting because it was too tall. I told him that I could not climb and he pushed me so that I could get in. It felt like 100 degrees in the car. I told him that I was hurting and that I thought I was going to faint because of the heat and pain. He responded that he did not care and that he was doing his job. Before closing the door he took my cell phone, my purse and my water bottle; I begged him to keep just the water bottle because it was too hot in there. e agent said that I could not even keep the water bottle and then he shut the door. e ocer then started to drive and was going really fast and turning really hard, I even crashed with the door and bruised my right arm and the hard turns and speed was making me nauseated. I think I got to the station in a worse state than I was when I le the hospital. When we got to Santa Teresa they opened the door, but I could not get down from the tall vehicle, though they were yelling at me to jump down. e agent said to a second agent that I had tried to run away earlier. I was crying and asked him when he had seen me run. en the second agent asked me what happened. I told him that they had come into my house and that I had to be taken into the hospital because of my state. at agent was in disbelief and in surprise, he asked me to explain again what happened. I explained again what happened and the agent that had brought me in lowered his head in shame and took me in the oce. Inside they asked me all the questions concerning how Ive been detained and everything about my legal status. Even with my pain, I tried to tell them all I could. en they put me in a room, and at around midnight I started feeling really bad and my vision began to blur. I stepped out of the room and asked them if I could check my sugar levels with a machine that I had on my purse. At rst they said no, but when they saw that I was not feeling well and struggling to see, one of the agents threw my purse at me and told me to check it. My sugar levels were at 62, and then the agents began to worry because realized that I was not just complaining. ey asked me if I needed anything and I told them that I just needed something to eat. ey brought me a burrito and some juices, I struggled to eat them, but aer about 30 minutes I began to feel a little better. ey still seemed concerned and asked if I needed anything else. One of the agents even asked if I wanted to return to the hospital. He explained that we would come right back aer I was treated, but I told them I did not wish to go to the hospital. In that instant, one of the agents told me to sign a voluntary deportation order. He said that if I signed it, I could go to Juarez immediately. I told him that I did not wish to go to Juarez so I was not going to sign. en his tone changed. He told me that if I didnt want to sign or go to the hospital to stop complaining. He then took my ngerprints and all that process, and told me I was going to be taken to the camp. ey said that I could avoid going to the camp if I signed the deportation papers. I told them that I was not signing and for them to do what they had to do. ey saw my conviction and sent me back to that room.Aer about an hour they told me that they were not going to send me to the camp because there was not enough space for me there. en they told me that they checked my record and that I was clean. ats when they were going to let me go back to my family. ey called my family and they told me to go rest because they were already tired of watching me cry. I was in that room for about three hours more and they told me that it was almost time to go. I just couldnt hold the tears. One of the agents told me that if I was sad, I should leave Santa Teresa and that I could change my mind and sign my deportation. At around 5:30 in the morning my nightmare had ended, but even now I have high sugar levels and I still terri ed of that which seemed like a nightmare.

NEW MEXICO LOCAL POLICE CASES


ANTHONY, NM POLICE CASE #1 Alleged type of misconduct: Acting as a federal immigration agent, wrongful con scation of property Date and time: 7/1/2011 at 8:00 p.m. Location: Intersection of Ruth and Clark Number of victims: 2 On July 1, 2011 at 8:00 p.m., at the intersection of streets Ruth and Clark a police ocer and an immigration agent, both riding bicycles, stopped O.S. (male), who was driving a car at the time. O.S. was with his younger brother, R.S.. O.S. was asked for a drivers license and his Social Security number, neither of which he had, so the ICE agent took O.S.. e police ocer and ICE agent le R.S. there because he is a U.S. Citizen. A tow truck took the car that O.S. was driving, which is his mothers car. His mom later went to pick up the car but they did not give it to her. e police plates were 675275 and the migration plates were M15242 with little numbers at the bottom: 60646.

Appendix A

ANTHONY, NM POLICE CASE #2 Alleged type of misconduct: Acting as a federal immigration agent, psychological abuse of a child Date and time: 10/28/2011 at about 8:30 a.m. Location: [REDACTED] Clark Street Number of victims: 1 Minors impacted: 2 It was around 8:30 in the morning when we received a call from Mrs. S. here at the Anthony Community Center for Human Rights. Mrs. S. lives at the Franklin Apartments here in Anthony, but she was calling us from a neighbors house, and she was very emotional and frightened. I went to pick her up and brought her to the community center along with her two young daughters. She told us that that morning she was at her apartment when a law enforcement ocer knocked on her door. She identi ed him by looking through the peephole. She opened the door fearing that something might have happened to her son, who had just le for school. She only saw one law enforcement ocer through the peep-hole. Mrs. S. said that she did not think this ocer was from ICE because he was wearing a police uniform, and ICE agents wear civilian clothes. When she opened the door, three more agents came into her home, dressed as civilians with badges hanging from their necks. Apparently these three agents were hiding against the wall, not visible through the peep-hole, while the police ocer knocked on the door. Mrs. S. thinks the uniformed ocer may have been a sheris deputy or a police ocer, but being very nervous at the time, she could not make proper identi cation of this ocer. is uniformed ocer le the scene once the three ICE agents were in the apartment. e ICE agents pushed her aside and busted into the apartment, asking who else was there with her. Mrs. S. repeatedly asked them who they were looking for, but never received an answer and the agents never showed her a warrant or any type of legal document. One of the ICE agents went in to the bedrooms and bathroom, where one of her young daughters was getting ready for school. e agent put the girl at gun point. ats when the agents became aware that Mrs. S. and her young daughter were the only people in the apartment. Mrs. S. said that one of the agents told her that she had to go with them. He then gave her a scratch sheet of paper with an address and told her that if she did not show up by 10 a.m., they would come back and arrest her. She brought that paper with her to the community center and we contacted an attorney, Marisela. e attorneys recommendation was for Mrs. S to show up at the address, because it was just probably to have her processed. We took her to pick up her son up from Anthony Elementary School and drove her to the address on the paper. Once we were there, three ICE agents came out and spoke to us about what was going on. ese agents said that Mrs. S. had to be processed and that the processing time would take about 2 hours maximum. We asked the agents not to make her sign anything because she did not speak or understand English. ey assured us that they would not make her sign anything until one of us could read the paperwork rst and explain it to her from our end. We le the building and came back two hours later. I went into where the processing is done and read the papers given to Mrs. S. I explained everything I read to Mrs. S. and asked her if that was what the agents had explained to her. She said yes. As we were leaving with her, another agent told her not to be scared, that she was practically protected from being deported because her court date, when she would appear before a judge, would be between two to two-and-a-half years away. VINTON NM POLICE CASE #3 Alleged type of misconduct: Racial pro ling, wrongful detention, wrongful search Date and time: BETWEEN 10 AND 11:00 A.M. Location: Intersection of Doniphan and Vinton Street Number of victims: 1 My wife, daughter, and I were among the volunteers involved in an eort to clean our community in West Way. We had two large containers in the community where we deposited the garbage we had picked up. When those containers were lled, the company responsible for cleaning our community told us to go throw it away in Vinton. ey had had a previous meeting with the Vinton City Hall Secretary and she had given them permission to throw the garbage at Vinton for this purpose. For this reason, I was very con dent and went to a vacant lot located at Doniphan and Vinton to throw the garbage.

Appendix A

I arrived there and saw some garbage, old mattresses and black plastic bags. I parked my truck and started throwing the garbage away. ats when a police ocer approached me in a very aggressive manner and asked me, What are you doing here? He also said to me, is is against the law, its a felony. I said, Please, let me explain that we had already asked for permission. e police ocer got really mad and yelled that it wasnt true, and asked, Do you see us going to West Way to throw away our garbage? He also added, Did you know that I can arrest you? I was trying to explain to him in the best way possible that we already had permission to do this and that if he still wanted to arrest me, he could do it, but he barely allowed me to speak. He said that they had already arrested two other people who had also come there to throw away garbage. He asked me for my drivers license and I gave it to him. ats when he began to search my truck, aer which he went to his car to check my drivers license and came back. He kept on saying, Did you know that I can arrest you? and I dont know who these people at West Way think they are. ats when I asked, What do you mean by these people? Do you mean that we are Hispanic? He didnt answer me. e ocer stayed very serious and told me that he wasnt going to arrest me, but that he did not wanted to see me in Vinton again. I think he was racial pro ling, because he arrested the other persons but not me. Not that I wanted him to arrest me, but my question is why he arrested some and others not. DEMING, NM POLICE CASE #4 Alleged type of misconduct: Physical abuse Date and time: 4/23/2012 at 6:00 p.m. Location: Deming, New Mexico Number of victims: 1 My son M. and my daughter T. started a ght in our house and my daughters boyfriend, A., got into the ght as well. My son got really mad and hit my daughters boyfriends truck with a toy, and my daughters boyfriend called the police. Two ocers beat my sons face against the soil. His arms and legs were all scraped and his face was very red. My daughter T. approached wanting to help her brother.She started screaming to leave him alone, and one of the policemen pushed her away and told her that she could be arrested, so my daughter stepped away. e police are now saying that when they arrived, my son hit an ocer and therefore they had to use force to arrest him.ey have a photo of the allegedly beaten ocer, but no bruise can be seen. ey dont have a picture of my son, and I wonder why. Now my son M. is facing a felony charge for allegedly beating a police ocer. My son was arrested on Monday, April 23, 2012 at 6:00 p.m. and they did not allow us to see our son until another day. On Monday night we were told to wait in the waiting room of the jail to see him, but we realized that my son was not there when we received a call from the hospital where they were keeping him. We le the jail and headed to the hospital, but we were not allowed to see him. We could only see him from afar, we saw him all full of dirt and handcued. Neither T. nor her boyfriend saw M. attacking the police ocer. e police ocers also shot our dog with a Taser gun.When my son M. asked them why they had done that,they said the dog attacked A. But the ocers told a dierent story to the people at the probation hearing. ere they said that the dog attacked a police ocer. e police have been telling lies ever since to divert attention from the fact that they mistreated my son. LAS CRUCES POLICE DEPARTMENT CASE #5 Alleged type of misconduct: Physical abuse, wrongful arrest Date and time: 2/27/12 at 9:00 p.m. Location: Lohman and Solano Number of victims: 2 I, M.S. (female), my husband, I.S. (male), and my nephew, J.Q. (male), were stopped on February 27, 2012 at around 9:00 p.m. by a Las Cruces Police ocer. All of us were in the same vehicle, and the ocers said they were stopping us because my nephew had been in a ght. ey told him to get out of the car and he did. e ocers and my nephew were walking towards the police car when I saw that that the ocers were beating my nephew. When I saw blood pouring out of my nephews face, I could not take it anymore and I got out the car to tell them to stop because he was disabled. ey did not care and continued to beat on him, so I tried to read the names on the badges and saw that one of

Appendix A

the ocers was named Gil Mora. When they saw what I was doing, the other one threw me to the oor where he hit my arms and legs. I just saw his rst name was David. My nephew was sent to the hospital where they gave him 9 staples.He had a laceration on the right side of his face and was bruised all over his body. I had bruises on my legs and arms because the handcus were so tight that my wrists were turning purple. en my nephew and I were incarcerated. MESILLA NM MARSHAL CASE #6 Alleged type of misconduct: Harassment, wrongful detention Date and time: 1/2/2012 Location: Mesilla, New Mexico Number of victims: 2 Minors impacted: 2 On January 2, 2012 I was driving on Mesilla Street when I crossed a streetlight and was stopped by a Mesilla Marshal. When I asked him why he stopped me, he said it was because my daughter was not wearing her seatbelt. en he asked my daughter why she was not wearing it and she said that it was because she was breastfeeding and that the seatbelt hurt her. en he looked at the back and opened the door to check the two kids on the back, and he said that they had their seat belts wrongly strapped. at is why he gave me four tickets and he sent me to court. I went to court on January 18, 2012 for those tickets and when I le the courthouse, the same Marshal stopped me. I asked him why he stopped me again, and he said that he just wanted to check if the kids on the back were secure. Even though they were buckled up, he said they werent and he gave me two more tickets. I went back to court to speak to the judge and to report the Marshal. e judge agreed to null those two tickets.

Appendix B

Addendum A

A 10-YEAR OVERVIEW
Life was very different for our communities in the 1990s. There was the Bowie High School case in which Border Patrol agents entered a school to check students immigration statuses on a regular basis; Border Patrol agents also reportedly entered houses without warrants, and there were allegations of beatings at the hand of law enforcement officers. That was the situation when the Border Network for Human Rights conducted its first Human Rights Documentation Campaign in 2000. Although they were understandably scared, community members came forward with the stories they did not dare take to the authorities themselves and we had a clearer picture of what was really going on in our neighborhoods. We continued having the documentation campaign on a regular basis, issuing reports and fighting for human rights with a comprehensive strategy that has paid off. By educating community members about their rights and engaging with law enforcement agencies to correct abusive practices, we have ignited change. The following review of the results of 10-years of documenting efforts clearly shows improvement in the state of human rights in our communities. Finding 1: Same methodology, Fewer cases Although our annual study is by no means a scientific survey, the Border Network always strived for consistency in its documentation process in order to be able to compared, year after year. Generally, we have had fewer reports of abuse over the year, from 43 cases in 2000 to 19 in 2009.

A close look at the immigration status of the alleged victims also tells an interesting, if concerning, story. Over the years, we recorded more stories of abuse that had victimized

Appendix B

U.S. citizens, legal permanent resident or held a visa, than undocumented immigrants. This is not just because undocumented immigrants who are deported cannot tell their stories. In many cases, a family member or friend of the undocumented immigrant told us the story. This finding truly underscores that we should all be concerned by abuses of authority because we can all become victims.

Finding 2: A Shift from federal to local agencies? In 2000, most of the complaints we recorded (65%) were against federal agencies such as the Border Patrol. This state of affairs went on for a few years, during which time, the Border Network starting educating the community about their civil and human rights. At the same time, the Border Network reached out to the Border Patrol to express concern about the reported abuse and held community forums in which community members were able to speak directly to Border Patrol officials. We believe that these comprehensive efforts were instrumental in reversing the trend. We now see more reports of abuse recorded against local law enforcement. A trend that well address in the next section. Meanwhile, we realize the trend may be shifting once again, as we recorded a higher proportion of cases against federal agencies (68%) this year, than against local agencies. The Border Network will continue to monitor the situation.

Appendix B

Finding 3: Success story: Police doing immigration work When we noticed that more abuse seemed to be committed by local agencies rather than federal officers, we also noticed something else. These abuses by local officers seemed to be overwhelmingly related to local law enforcement doing immigration work. In 2005, El Paso Sheriffs deputies, for instance, would ask people at traffic stops for their immigration papers, or would detain suspected undocumented immigrants until the Border Patrol arrived. In extreme instances, officers would conduct immigration raids in peoples houses as was the case in Otero County in 2007. Doing immigration work had become a popular way for underfunded local agencies to receive federal monies. However, the practice can ruin the community policing work that agency has work so hard to achieve. The police needs the assistance f the community to prevent crime and investigate and prosecute it. The police needs residents to report suspicious activity in the neighborhood. They need victims to call and report a crime and witnesses to come forward. If people are afraid of getting deported, they are a lot less likely to come forward. Many police departments, including the El Paso Police Department, have spoken up against blurring the line between criminal and immigration enforcement. The Border Network reacted proactively and energetically to the reports and using a mix of grassroots events, legal strategy and political appeals, was able to cause these departments to cease their habit of enforcing immigration law. Cases of local law enforcement doing immigration work have abated.

Appendix B

Finding 4: The next battle: Racial profiling

The violations recorded by our abuse documenters over the years included physical, psychological and verbal abuse, wrongful temporary detention, wrongful arrest, illegal entry, illegal search, violation of due process, and denial of basic necessities. In the past three years, however, we started to record an increasing number of racial profiling situations. By keeping track of the number and type of violations, we are able to monitor worrisome increases. The seeming increase in racial profiling cases, which victimized more U.S. citizens and legal residents than undocumented immigrants (see more details in the 2009 report findings), is something the Border Network will monitor.

Appendix C

D C M NA IN O U ETC

D AUO E B SS
C M A A 02 A P 2 1

L R DF O E IA A E R NT R Z PrOSDERECHOSHUMANOS oL
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Appendix C

Radio ad for the Border Network for Human Rights Run: May 1 - May 15, 2012

Script:

La Red Fronteriza por los Derechos Humanos es una organizacion que promueve y deende los derechos de todos. La Campana de Documentacion por los ultimos 12 annos, ha creado un espacio para resolver abusos de nuestros derechos. Si usted ha experimentado abusos a sus derechos civiles por cualquier agencia policiaca, o si el acceso a una buena educacion de sus hijos ha sido negado, por favor llame a la Red Fronteriza al telefono (915) 494-4213, una vez mas (915) 494-4213.

Appendix D

Appendix D

We The

Appendix E

BORDER
Dear President Barack Obama:

Accountability on the border now!

During the last 30 years our communities on the U.S.-Mexico border have lived with an unprecedented wave of enforcement policies, strategies, and programs. Some of those have been designed to protect our country from real threats. But the vast majority have been ill-conceived and based on unfounded fears and distorted opinions about our region. ese include the presence of over 21,000 Border Patrol agents, 21,000 Customs ocers, 450 miles of walls and fencing, the inexplicable deployment of the National Guard and the military joint task forces, drones and other military weapons and technologies, at least four of the so-called seal the border operations, miles of virtual fencing and an extraordinary number of detention centers that inde nitely incarcerate non-criminal immigrant families. Mr. President, there is a mounting human rights crisis in our border region due to the unchecked expansion of this massive enforcement strategy. Within the last two decades we have reached the horrifying average of ve hundred (500) people dying per year at our southern border. And in the last two years federal border enforcement agents have used lethal force and killed 8 people that appeared to represent no threat. Among those were 15-year-old Sergio Adrian Hernandez Guereca near El Paso, Texas, and Anastasio Hernandez Rojas in San Diego, California. Several local and national advocacy and community organizations have documented hundreds of cases of misconduct and abuse in icted by federal border agents on both border residents and immigrant families. Reports of unconstitutional stops and detentions, questionable road checkpoints, invasions of privacy, racial pro ling, wrongful searches and arrests, physical and psychological abuses, illegal entries into property, wrongful deportations, denial of due process, and the frequent use of excessive force, among other human rights abuses, have emerged in very dangerous patterns that have created a culture of abuse in our communities. Mr. President, how can you allow this situation to continue unchecked in agrant contradiction to our American ideals? ere is no mechanism in place to assess how the single largest domestic enforcement strategy impacts the quality of life and rights of border residents. ere is no credible venue through which to review the training and professionalism of border enforcement institutions. ere is no independent body to investigate accusations of abuse and mistreatment by enforcement agents and agencies, nor a process to evaluate how scally responsible or how eective these programs might be.

is I why I ask you to exercise your executive authority to create a Border Enforcement Accountability and Oversight Commission that can assess, monitor and investigate all federal border and immigration policies, projects, programs, and activities, including those of DHS Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and Citizenship and Immigration Services (USCIS) and those of all other relevant agencies.
e Commissions broad purposes must be to require due process and equal protection of the law for all those present at and near the border, to promote best civil and human rights practices by border enforcement agents, to enhance the capacity within border agencies, and to strengthen the relationship between the impacted local community and government agencies. I am asking you that this commission be independent of the government, have rule-making authority, and have subpoena power over border enforcement agencies. Most of all, it must comply with all human rights standards.

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