Abuse Documentation Campaign Preliminary Report 2013

8/13/2019 Abuse Documentation Campaign Preliminary Report 2013

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Abuse Documentation

Campaign PreliminaryReport 2013


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Images from Campaign


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Facts: Number of Hours: 311 Number of Volunteers: 101 Total Cases Documented: 25

Analysis of campaign

Positive Developments Not a single verifiable report documented involving BP Not a single verifiable report involving El Paso SheriffConcerning Patterns Dona Ana sheriff officers enforcing immigration laws (asking for legal status) Abusive practices by ICE (wrongful detentions and deportations). Multiple cases and complaints at ports of entry.

RecommendationsTo protect community security of residents on the border and to apply American values in our border region, the

Border Network for Human Rights recommends the following:

Dona Ana County Sheriff Office For the Sheriff Executive Todd Garrison to immediately instruct its deputies to stop asking the question of

immigration status during regular and traffic stops in the County.

Additional, Sheriff Office must disclose information about the times and frequency its deputies call BorderPatrol during traffic stops.

Doa Ana County SheriffsOffice must review and revise and make public its standard operatingprocedures to clearly state that it is not the responsibility of its deputies to act as federal immigration

agents.

This revision process should include dialogue with civil rights and human rights stakeholders in the County.Other Local and State Law Enforcement Agencies

Including El Paso Police Department, Las Cruces Police Department, Doa Ana County SheriffsOffice,and Texas State Troopers, must conduct recurring master 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 officer behavior and public perceptions of psychological and physical

abuse.

Immigration and Customs Enforcement (ICE) ICE must stop the practice of pretextual searches that have led to detention, arrest and deportation of

non-criminal immigrants and that has separated families and affected multiple US Citizens.

For ICE in El Paso-Southern New Mexico region to make public the data on detention, arrest anddeportation for 2012-2013, including the number and percentage of subjects with and without criminal

backgrounds.

For ICE to disclose information on how successful, or not, it has been its compliance to the directivesstated in the Morton Memorandum.


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CBP-Port of Entry Authority The increase of resources and Customs personnel must be prioritized at all international ports of entry in

our area to address lengthy wait times and deficiencies when checking individuals and vehicles crossing

the border legally.

Officer training, standards and complaints at ports of entry; Uniform Training System that includesstandards of conduct, constitutional and Human Rights, handling of vulnerable, handling of creditable

fear and asylum request, and handling of documents.

Port Supervisors and managers should be evaluated included criteria of the standards of conduct oftheir staff and should be trained in how to encourage best practices and how to discipline

unacceptable conduct.

Obama Administration and US Congress The creation 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 DHSCustoms and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and

Citizenship and Immigration Services (USCIS)and those of all other relevant border enforcement

agencies.

This Commissionsbroad purposes must be to require due process and equal protection of the law for allthose 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. This 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.

Congress must address family separation and wrongful deportation concerns in the form of a reform ofour federal immigration system.


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Total Number of Cases Documented: 25

TX State Trooper,1, 4%

Otero County Det.Center, 1, 4%

CBP, 3, 12%

Doa Ana Sheriff,10, 40%

El Paso PD, 3, 12%

Las Cruces PD, 3,12%

ICE, 3, 12%

SouthboundCheck Port Entry,

1, 4%


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Doa Ana Sherriff Types of Abuse

EPPD Types of Abuse

Abuse ofAuthority / Illegal

Entry /PhyscologicalAbuse / Property

Damages , 3

Misconduct /Acting as Federal

Agent, 7

WrongfulDetention / Racial

Profile, 1Acting As FederalAgents / Wrongful

Arrest, 2


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Las Cruces Local PD Types of Abuse

ICE Types of Abuse

Wrongful Arrest /

Verbal Agresion, 1

Abuse of Authority /

Psychological Abuse,

2

Wrongful Arrest /Psychological

Abuse, 1

WrongfulDetention /

Physical Abuse /Abuse Authority /

Inapropriate

Touching byAgent, 1

Abuse of

Authority, 1


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Agencies with one incident reported

Texas State

Trooper - ActingFederal Agent /Wrongful Arrest, 1

Otero CountyDet.Center - Abuse ofAuthority, PhysicalAbuse, Unecessary

polonged Detention, 1

SouthboundCheck (Port of

Entry)- Acting asFederal Agents/Wrongful Arrest/Excessive Force,

1


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Cases

DOA ANA COUNTY, NEW MEXICO SHERIFF CASES

DOA ANA SHERIFF Case #1Alleged Abuse: ABUSE OF AUTHORITY, ILLEGAL ENTRY

DATE AND TIME OF INCIDENT: JUNE, 2012LOCATION OF INCIDENT: BLUE TOPAZ 7558, LAS CRUCES, N.M.NAME OF PERSON ABUSED: M. B.

I M. B., my wife and my two sons were sleeping when suddenly I heard someone banging the door; it was aroundtwo or three in the morning. My son J. B. which is 15 years old and I were awoke at the same time. My son saw itwas the sheriff. I woke up as fast as I could and asked the Officer to go through the back door. I ran to the backyard to tie the dog, so that it wouldnt bite the officer, but it was too late because the dog jumped onto theofficer. The officer asked me to get the dog or hell shoot him.I asked him not to do that, and then I grabbed thedog and placed him in a room. Then they told me that somebody had reported domestic violence happening atmy house, I told them they were wrong, that we were sleeping, and then they asked me if they could go in. Ididnt answer. They opened the door and entered to the house. They asked my wife and daughter if everythingwas okay, they replied yes, we were sleeping, and then they left to the house next to us, and stayed there forabout 20 minutes. After that they left. I felt abused because they trespass my property without asking anybody for

permit. Them as an authority should be aware of what theyre doing.

DOA ANA SHERIFF Case #2Alleged Abuse: ABUSE OF AUTHORITY, ILLEGAL ENTRY, PROPOERTY DAMAGESDATE AND TIME OF INCIDENT: NOVEMBER 1rst (no year info)LOCATION OF INCIDENT: 9403 PolarisNAME OF PERSON ABUSED: C. L.

On the 1rst of November the Sheriff came to my house to issue a Citizens Claim Procedure, County Clerk, DonaAna County, and 845 N. Motel Boulevard, Las Cruces N.M. 88007. I wasnt home and they broke my roomswindow, and came inside and flipped everything over. The notice was for tickets that I owed. But I dont thinkwhat they did was right and a couple of days before I had paid the tickets. Now I need to know what I can do tohave them repair the damages made to my mobile home. I also want them to stop doing this to more people.

DOA ANA SHERIFF Case #3Alleged Abuse: ABUSE OF AUTHORITY, PSYCOLOGICAL ABUSEDATE AND TIME OF INCIDENT: APRIL 15, 2013LOCATION OF INCIDENT: ANTHONY DRIVENAME OF PERSON ABUSED: B. H.

It was Thursday afternoon; I went grocery shopping with Tomas. He is my neighbor. The next day I found out that Iwas missing money, somebody had stolen it from my purse. I thought it had been Tomas since nobody else hadbeen in my car in those days. I called the cops and 15 minutes later an agent arrived, I called him, expecting himto help me recover my money. The cop talk to me and to T. , he spend too much time talking to T. , when hecame back to talk to me, he asked me for my social security number. I was able to see and sense a dramaticchange in his attitude; he became racist and threatens to take me to jail. He told me that if he wanted he couldarrest me. He then started asking questions to my nine year old daughter about if she knew how much money Ihad in my purse. My daughter got scared and started crying. I passed the rest of the day feeling very stressedbecause of the way the cop make me felt and because of the things he said, that he could arrest me for not

having a social security number, he also said that he was going to arrest me if I wanted to approach Tomas. I wasreally scared the cop could come back because he could separate from my daughter.

DOA ANA SHERIFF Case # 4Alleged abuse: MISCONDUCT; ACTING AS FEDERAL AGENT, ABUSE OF AUTHORITYDATE AND TIME OF INCIDENT: SEPTEMBER 29, 2012LOCATION OF INCIDENT: TURQUOISE STREETNAME OF PERSON ABUSED: L. R.


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I was driving and a Sheriff was behind me, he ordered me to stop, I immediately obeyed. He approached meand asked me for my drivers license and insurance, I told him I didnt have them. Without letting me further

explain anything he went to his car to call border patrol. He didnt speak Spanish, I couldnt understand what he

was saying so I asked my son to please translate for me, the sheriff didnt allow my son to translate for me, Iinsisted asking my son to translate for me, but the sheriff would ignore my son. When border patrol arrived, theagent asked me if I had documents, I answered that I had the right not to answer that question. He in a mockingway told me, you have rights? And I said, yes I have the same rights as everybody. Now with a more serious

tone he told me, yes, you have rights. Then he asked me how long had I been living here? I answered I had beenliving here for 8 years. Then he told me he couldnt take my smallest son, because obviously due to the age heknew my son had been born here. He asked me to call someone to pick up my son, I called the only person thatcould help me at that moment, and I called Pastor W. H. When the pastor arrived the border patrol officer wasalready angry and told pastor W. that the sheriff officer shouldnt have called him, because they had nothing todo with traffic matters. He asked Pastor to take my son with a family member and that probably I was going to bereleased at 2:00 a.m. The border patrol officer asked me how and why had I crossed the border, he wanted toknow if I had paid a smuggler or if I had crossed with fake documents, I answered no to both questions. I told himI had crossed the river, I was asked what was the waters level because according to the waters level is the

crime level too, that is what they told me. I told him I crossed the border that way because I was trying to escapefrom my sons father, because I was suffering domestic violence and I wanted to be as far as possible from him to

be safe and have my kids safe. He then informed me I was detained, I was then taken to the offices on Mainstreet where they kept me for a period of seven hours. Once there things took their normal course, everybodybehaved and respected my rights, the only one acting in bad faith was the sheriff officer.

DOA ANA SHERIFF Case # 5Alleged Abuse: MISCONDUCT: ACTING AS FEDERAL AGENTSDATE AND TIME OF INCIDENT: 2011LOCATION OF INCIDENT: AT THE SIDE OF THE RIVERNAME OF PERSON ABUSED: J. B and E.

I, J. B. was at my work picking up walnuts, minutes later a Sheriff Officer arrived then another. They asked me andE. to go where they were. We did, then they asked us to show them identification, we gave them our driverslicense. They asked us if we were here legally. We answered no and they called immigration. Immigration arrivedthere within two hours, they took us to El Paso, and it was around 11:00 in the morning that happened three yearsago. Immigration Officers kept us at their office from 12- 7 p.m. Then they moved us to the El Paso County Jail, wewere there for one month, then again they moved us to Otero Detention Center, we were there for four days.When they took us to Court the Judge told us, we had time served and gave us 10 years of deportation.

DOA ANA SHERIFF Case #6Alleged abuse: MISCONDUCT: ACTING AS FEDERAL AGENT, PROLONGED DETENTIONDATE AND TIME OF INCIDENT: OCTOBER, 10, 2013LOCATION OF INCIDENT: DEL REY STREET AT LAS CRUCES, N.M.NAME OF PERSON ABUSED: S. I. C.

On October 10, 2013, I S. I. C. was driving on Del Rey Street. I passed the traffic light when it turned yellow. TheSheriff stopped me because of that. He asked for the cars registration, and then asked me to wait and he called

immigration. Immigration arrived and took me to the Detention Center at Otero. I stayed there for one week,then they moved me to Sierra Blanca, I also stayed one week there, finally they moved me to El Paso, I havebeen here for two months and they keep prolonging my court date.

DOA ANA SHERIFF Case # 7Alleged Abuse: MISCONDUCT: ACTING AS A FEDERAL AGENTDATE AND TIME OF INCIDENT: OCTOBER 20, 2013

NAME OF PERSON ABUSED: J. M.

On October 20 at 9:30 P.M. I was detained by a sheriff officer on Del Rey Street. He told me that the reason hehad stopped me it was because I had suddenly hit the brakes and that he was very close behind me, after thathe asked me for my documents; drivers license and registration. I show them to him. Then he went to his car,came back and asked me for my social security number, I told him I could not give him that because thatnumber was confidential, I also told him that that was not his job, he got very angry and called immigrationagents, approximately 15 minutes later 3 agents driving two cars arrived to where I was and asked me if I was aU.S. Citizen, I answered no, then they asked me if I was a legal permanent resident, I said no and when theyasked me if I was legally here, I told them that I was not going to answer that question, they told me that theywould have to arrest me, I told them to go ahead and do their job, when I was getting arrested, the sheriff


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approached me and told me that he was going to give me a warning because supposedly my cars platescould not be seen from 50 feet away, he also told me that a crane was coming to take my car. My godfatherhad already arrived to the scene and he didnt allow my godfather to take my car. The sheriff told me he wasgoing to give me the cranes company number so that I could go ahead and authorize somebody to go pick upmy car that I could call from Mexico or the detention center or wherever I was going to be. I was taken to thedetention center in Las Cruces, they took my fingerprints, and they wanted to send me to the detention center inEl Paso. One of the agents checked my fingerprints and saw that I was not a criminal and gave me an

appointment at the El Paso Detention center on November the 5th. But there was a mistake because they sentme to the office on San Antonio Street and my attorney Carlos Spector told me that they had given me thewrong address. I believe it is because they did not wanted me to show up and that way to lose my appointmentand proceed with the arrest, but my attorney is already working on my case.

DOA ANA SHERIFF Case # 8Alleged Abuse: WRONFUL DETENTION, WRONFUL ARREST,ACTING AS FEDERAL AGENTDATE AND TIME OF INCIDENT: 8/2012 AT 8:30 P.M.LOCATION OF INCIDENT: 230 Alameda Street

On August 2012, my husband M. and my nephew J. E. O. were driving around 8:30 p.m. My husband was drivingand my nephew was on the passenger seat. The Sheriff stopped them and asked them for drivers license and

insurance, my husband gave him those documents, after that the officer came back and asked them for theirpapers, first he asked my husband and then my nephew. They answered they did not had documents. The officerasked them to get out of the car, they did. He had them waiting there for 2 hours. Immigration arrived. They let my

husband leave but they took my nephew to the detention center where they had him detained for 4 hours, theyasked him if he had a visa laser and my nephew answered yes and that it was at his house in Mexico, they took hisfingerprints and made him sign his deportation, by 2 a.m. he was already at Mexico. My husband told me all of this,that they were detained unjustified and for 2 hours until Immigration arrived.

DOA ANA SHERIFF Case # 9Alleged Abuse: MISCONDUCT, ACTING AS A FEDERAL AGENTE.M.DATE AND TIME OF INCIDENT: February 27, 2013 Brazito, NM

On February 27 I was driving home from work at around six in the afternoon, when I was stopped by a Sheriff. Iwas driving by Highway 478, and he followed me for about two miles before he stopped me. He asked for myinsurance, license, and vehicle registration; I did not have a license, so he proceeded to give me a ticket for nothaving one and another for speeding. He then asked for my mi legal status in the country when I told him I hadno documents he told me to wait; he went to his car and brought some papers for me to sign. After I signed thepapers he told me to wait, he told me that they would come for me soon. I waited for about an hour and a halfuntil border patrol showed up. They picked me up and took me to Santa Teresa, where I was detained till seven inthe morning of the next day. The immigration officer that arrested me was mad that the Sheriff called and madehim drive all the way to where I was stopped.

DOA ANA SHERIFF Case # 10Alleged Abuse: WORNGFUL ARREST, ACTING AS A FEDERAL AGENTNAME OF PERSON ABUSED: M. A. M.DATE AND TIME OF INCIDENT: December 11, 2012, Highway 478 by Mesquite

We were coming from Las Cruces, NM at around eleven in the morning when we were hit by a car on therailroad crossing lights. We got off to talk to the other driver, she said that we could make a deal with her in whichshe would give us $100 dollars and we wouldnt call the police. We agreed, and I, C. M. , took the car to thehouse of an acquaintance. But a Sheriff Officer got there for the car a while later, because a witness of the crash

called to report it. When I got there my brother was already being arrested, because the officer argued mybrother was on drugs because he had red eyes. The officer asked for his documentation, but my brother told himhe had none. The officer said that he would turn him over to immigration, and was angry because we ruined hisday. My brother was detained for a month, and after continuous threats he signed and was deported.


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NEW MEXICO LOCAL POLICE

LAS CRUCES LOCAL POLICE CASE #1Alleged Abuse: ABUSE OF AUTHORITY, PSYCHOLOGICAL ABUSEDATE AND TIME OF INCIDENT: NOVEMBER 27/2013LOCATION OF INCIDENT: MCNUTT STREETNAME OF PERSON ABUSED: R. E.

I was driving through McNutt Street in Las Cruces, when I noticed a local police following me for the next threeblocks, then he turned on the lights, he got off his car and asked me for my drivers license, car registration andinsurance, all of these papers were under G. E. which is my sons name. After that he started to threaten me tellingme that he had the power to send me to jail, I got very scared. It was long time ago since I hadnt been stoppedby a police officer. Then he called the crane and they took my car. He kept threatening me about sending me tojail until my son arrived, but as days pass by I keep finding him on my way and he keeps threatening and harassingme. I am an old person and I feel very scared even to go to the store or to my doctors appointment. Please helpme to do something to stop the constant harassment.

LAS CRUCES LOCAL POLICE CASE #2Alleged Abuse: WRONFUL ARREST, VERBAL AGRESSION

DATE AND TIME OF INCIDENT: JULY 14, 2013LOCATION OF INCIDENT: 2501 CAMINO REAL LAS CRUCESNAME OF PERSON ABUSED: M. C.

I was driving through Solano Street in Las Cruces, N.M. I was heading to my house. The police was at the trafficlight on Main Street; he had the blinker on to give a turn to the left. I was coming straight. When the traffic lightchanged from red to green, the police officer changed his mind and started following me, he followed me to theplace where I live and then turned on the lights. He waited in his car for five minutes; he was waiting for morepolice officers to arrive to the place. Then he spoke to me through the microphone, asking me to throw the carkeys through the window, to get out of the car and to put my hands on my head, and to start walking backwardstowards him. When I get to where he was, he handcuffed me and ordered me to get into his car. At that moment Itold him I had my children in the car, they told me to shut up, then they ordered my wife to get out of the car andhandcuffed her as well, then it was the turn for my kids to get out of the car. My kids told me that the cops askedthem many questions, and then they told me that the car matched the description of another car that hadweapons inside. Obviously it wasnt mine. There was a lot of police.

LAS CRUCES LOCAL POLICE CASE #3

Alleged Abuse: ABUSE OF AUTHORITY, VERBAL ABUSE, PHYSICAL AGRESSIONDATE AND TIME OF INCIDENT: FEBRUARY 20, 2013LOCATION OF INCIDENT: MESILLA AND VALLEY STREET INTERSECTIONNAME OF PERSON ABUSED: J. F.

On February 20, 2013, I, J. F was coming home from work. A local police agent stopped me, supposedly because Igot off my lane. He asked me for the cars documents, but then he also asked me for social security number, I got

nervous and told him that I had left it at the house because I was in a hurry. And he replied do you go out to thestreet without documents, and I said yes why, and he asked me to get out of the car, and I asked why and he saidget out of the car or Ill arrest you and I said why if I hadnt done anything wrong, and he said because youregrumbling and just because of that I can arrest you. Then I got out of the car and my children started crying, heasked me to shut up my kids, I didnt said anything but I motione d to my wife to shut up my kids, my wife turn herhead to the back seat to talk to them and the officer started to mess with her, yelling to her if she was hidingsomething, my wife answered she wasnt hiding anything that she was just trying to calm the c hildren. He asked herto get out of the car as well, I asked him why was he doing that if we werent doing anything wrong, he told me to

shut up or he was calling immigration, he told me he knew I had no papers, I didnt say anything I would just waitand grow desperate listening my children crying. I tried to hold my youngest son, then the officer grab me verystrongly by the arm and pushed me violently against the car, he handcuffed me and I couldnt do anything, I wasjust waiting for immigration to arrive. I dont know what happened; I think the foul I committed was not so serious tobe treated like that. I will never forget what we go through just because I got out a bit out of my lane. Luckily hedidnt called immigration but it was a very sour moment for me because my kids, my wife and I came back homefeeling very nervous and scared. Now I prefer for my wife to stay at home, and now I go to my job hitch hiking. Idont understand how some people feel with the right to humiliate others just because the y are wearing a uniform.


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IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

ICE, CASE #1Alleged Abuse: WRONGFUL ARREST, PSYCHOLOGICAL ABUSE, ABUSE OF AUTHORITYDATE AND TIME OF INCIDENT: SEPTEMBER 19, 2013 AT 8:20 A.M.LOCATION OF INCIDENT: 9050 Teak Lane LAS CRUCES

NAME OF PERSON ABUSED: B. J. A. M

It was September 19, 2013, various ICE vehicles arrived to my house, I went outside because the dogs werebarking, and I saw ICE officers all around my house. All of the agents were armed; they were looking for my brotherA. A. . They showed us the warrant arrest; they let me see my brothers picture. I told them he was not living there,that he lived in trailer number 5 and that right now he was working. They started to ask me many questions aboutmy brother like his phone number and where he works. But I told them I didnt knew and that he would arrive at3:00 p.m. then they asked me about my legal status, I told them I had my papers in process because my dad is aU.S. Citizen. While two of them were asking me questions, others were searching my house looking for my brother;they told me that I had to go with them to check my record. When I was near the car were they were going totake me, they handcuffed me and took me to their office at 505 S. Main in Las Cruces. They had me there for 3 to 4hours, asking me about my brother. One of the officers told me that if my brother didnt show up I wouldnt be ableto leave, the other officer told me to call my brother, until he showed up. They insisted telling me that if my brotherdidnt show up, I wouldnt leave. Then I fear for my kids safety because they were at school and I had nobody topick them up. I sent text messages to my brother asking if he was coming, he told me he was on his way, but one

of the officers told me my brother had said he was not coming, he insisted that I should continue calling me, untilhe get there. My brother arrived half an hour later. Even when my brother arrived they kept investigating me, thistime about myself. I felt like a hostage, used and frightened by the ICE agents for their inability to do their job.Psychologically it affected all of us, sons of my brother, my father, my grandmother, my sister in law, my sons andmyself because he is a great economic and moral support in my life. I feel guilty because somehow I let the ICEagents violate my civil and constitutional rights.

ICE, CASE # 2NAME OFPERSON ABUSED: M. A. M. /S. V.DATE AND TIME OF INCIDENT: October 22, 2013 at 6:00p.m.LOCATION OF INCIDENT: 1960 Lincoln St. Anthony, NM

On October 22, 2013 at six in the morning, someone knocked really hard on our door. My fifteen year old daughterasked who it was, and they answered they were the police. Once inside they asked her how old she was, andasked that if they could speak to her parents. They didnt ask for our names in particular. I went out of my roomand approached the ICE agents; they said if they could ask me some questions and I told them that they couldask me whatever they needed to ask me outside, but the officer said that he didnt want the neighbors to see us.When I was arguing with them that I did not care if the neighbors watched, my husband peeked out of the roomand the agents quickly ran towards him. They said that he was the person they were looking for. When mydaughter saw this she became very upset and went outside screaming and crying to her aunts house; I followedher in order to calm her down. When I was returning home a hooded agent told me that if any of the neighborsgot close he would take them into custody, and I told him that my daughter just went to alert her cousins and thatthey were living legally in the country. When I got home they had already handcuffed my husband and weregetting him inside the vehicle. The officer asked me if I was illegal, to which I answered nothing. He then told me totake my sons to school, and that I would need to be present at the Immigration offices in Las Cruses for furtherquestioning.

ICE, CASE #3Alleged abuse: WRONGFUL DETENTION, PHYSICAL ABUSE, ABUSE OF AUTHORITY, INNAPROPRIATE TOUCHING BY

AGENTNAME OF PERSON ABUSED: H. I.DATE AND TIME OF INCIDENT: July 26, 2013 at around 6:00p.m.

*These are letters written by witnesses present at the time of the event.M. S.Hello, my name is M. S. , Im writing this letter to explain everything that happened on July 26, 2013 around 6p.m. Itwas around 6p.m. that my friend, K. J. V. received a call from H. I. H. I. and C. I. F where working when their bossleft for Juarez. Their boss had left them waiting outside in the rain. Heriberto asked Karla to place his mom, M R M,on the line to ask her to pick up both Heriberto and Carlos to get a ride home. Once we knew the address, allthree of us headed over there. I sat in the passengers seat so I could use the GPS on my phone and tell Maria howto get to our destination. When we got there, we didnt know the place so we were looking for Heriberto and


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Carlos for a while till we finally found them on the other side of the freeway and they rushed to the van. On our wayhome was when we got stopped by Immigration officers. It was raining, but they still asked all five of us get out ofthe van to interrogate us. The officers asked Karla if she had papers to which she replied she had a Visa thatallowed her to work and study in the U.S., but one of the offices told her We are not asking for that, we are askingfor your papers?. Other agents asked the same to Heriberto and Carlos and they replied they did not have

papers. I am not sure what they asked Maria, or what she replied. We all got handcuffed, one of the officerswanted to let us go but another officer said that we should not be released. We all got taken to the station, and

once there we all got sent to different rooms. A female made us undress to search us, they even checked ourintimate parts; all three of us women felt very uncomfortable during that process. That wasnt it, Maria washandcuffed so tight that her shoulders hurt and Heriberto had had his shoulder dislocated while beingapprehended. We waited a long time at the station, and finally at around 12a.m. Karla and I were released.

K. J. V. R.On July 26, 2013 at around 6:30p.m., I received a call from Heriberto asking my mother, Maria to pick him up closeto the Santa Teresa Bridge where he had been working but was now sitting out in the rain. After we had gotten tothe place Heriberto had directed us, my mother turned on the emergency lights and we waited for Heriberto andCarlos who was also working with him. When they finally saw us they crossed the road to get to the van, and as wewere heading home we saw an Immigration vehicle turn its sirens on and pulled us over. Two officers shined theirlamps on us and said something along the lines of there are three and yes its them. Then two officersapproached my mother, Maria, and asked her if she was an American Citizen, to which her answer was no; whenquestioned further about her nationality she told then she was from Mexico. After that the agents asked us all toget out of the vehicle and to place our hands on top of the van, they separated all of us.

One officer told another to stop because they had made an error, but he responded by asking him to shut upbecause it was already too late. One of them asked me if I was an American Citizen, and I told him that I was notbut that I had a Visa that allowed me to work and study legally in the country; he told me that that was not was hewas asking me. When they handcuffed Heriberto they were so abrupt that they broke his right shoulder, and Mariawas handcuffed so hard that her shoulders were hurting for four days after the incident. They then placed us all inthe patrol vehicles and took us to the station; there they separated all of us. A female officer proceeded to searchmy mother, Maria, and I. She was being really aggressive when searching us, she was even checking my vaginaand squeezing my breasts; it was really uncomfortable and we both felt molested. After that an officer questionedme about my permit and said he was not aware of such a permit. I explained to him that it allowed me to workand study in the country and that I had a social security number because of that. Then another officer mocked meand asked if I could call someone to bring me my supposed little permit, and I answered him that I, indeed,could. My friend Mary Saldivar, who was also arrested and handcuffed with us, even told them that she was an U.S.Citizen and not even then would they un-cuff her. When they finally were convinced I had a permit, my friendMary and I were released.

M. A. R. M.On Friday January 26, 2013, I, Maria, received a call from Heriberto between 6:30 and 7:30p.m.; he wanted me topick him up from where he was working and take him home. I pulled over by the vehicle importation area of SantaTeresa and turned on my emergency lights because of the rain. After a while Heriberto and Carlos, who was alsoworking with him, found us and got on the vehicle; we then headed home. Then I saw an immigration vehicleclose in and turn on its sirens, I was very afraid and stopped my car. A total of 8 trucks and 2 motorcyclessurrounded us. They for my immigration status, and when I answered that I was not living legally here and that I wasfrom Mexico, he told me I was in big trouble. After that they took us all outside and apprehended us, theyhandcuffed me really hard and my shoulders were hurting; I told one of them that I was really hurting and one ofthe officers told me that they were going to handcuffed me with my hands of front, I had been handcuffed withmy hands behind my back, I told him that that was ok. They dislocated Heribertos right clavicle, and Mary, mydaughters friend, told them she was a United States Citizen and they still handcuffed her and took her to the

offices with us. Taken to the offices were five of us, my daughter Karla , her friend Mary, my son Heriberto , Carlos,and myself. Once in the station I was searched by a woman who searched my whole body, even my private parts,she even hurt my breasts because of how hard she was grabbing them. She started yelling at me because I had$250 dollars on me, asking me things like where I got it and if they had paid me the money to transport them. I hadnothing to hide and told her that I worked two days out of the week, and that my husband had given me $150. Butshe continued to harass me and said she didnt believe me until she finally asked for the phone and address ofwhere I worked, I gave it to her. Another thing is that the agents did not respect the fact that my daughterspermit; she can legally work and study in the U.S. but they kept laughing at her saying they didnt know what thattype of permit was and belittled the permit once they were aware of what it was. My son Heriberto has been in theDetention Center for close to two months now with no medical attention for his arm, and he continues to beharassed and threatened in to signing his Voluntary.


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CUSTOMS AND BORDER PATROL AGENTS (CBP)

CBP CASE #1Alleged abuse: ABUSE, WRONGFUL SEARCH

DATE AND TIME OF INCIDENT: 8/7/2013 approx. 11:30 p.m. approxNAME OF VICTIM: F. F.

It was August the 7th approx. I was coming from Juarez around 11:30 p.m.; I have a special work visa. They call meinside for inspection, on the second inspection they started searching my clothes, and they pull down my jeansand took out my boots. They had me there for a long time. (45 minutes approx.) Then they let me go, they just toldme to get my stuff that I could leave.

CBP CASE # 2Alleged Abuse: VERBAL ABUSE, ABUSE OF AUTHORITYDATE AND TIME OF INCIDENT: DECEMBER 1, 2012LOCATION OF INCIDENT: ZARAGOZA INTERNATIONAL BRIDGENAME OF PERSON ABUSED: N. T.

I Rosa Emma have a visa laser and all of my children are U.S. Citizens. Given the fact that we cannot cross the

international bridge all together because of the mixed status, I asked Norma, who is a sister from the church Ibelong, to please cross my children in her car, and she agreed. I crossed in my van with my mom, my brother, andmy sister in law and my nephews. I crossed first. When it was the turn of the sister, she showed her residency card tothe CBP agent, the birth certificate of my kids and a notarized letter given my permission for her to cross with them.The officer checked the green card through the machine and asked Norma, who was the mother of the children,if they were family members, Norma answered they were the children of a sister from the church, the agent askedher where the mom was, she told me that she doesnt remember what she told him, but that the agentunderstood that I was a U.S. Citizen and asked her again and Norma answered that I had a visa laser, the agentstarted to yell at her that she was a liar and she answered that she had never said that I was a U.S. Citizen, theagent kept yelling at her. The agent told them to get out of the car, and they were sent inside the building forrevision, they were separated, they put my children in a small room. A woman approached to them telling whatsupposedly Norma had already confessed and then did the same with Norma, telling her that my children hadalready confessed, she was telling lies because she wanted to know the truth. The woman was yelling at Norma,telling her that she wished for the agents to take away her visa and send her to jail for the rest of her life. One of theagents started yelling at my children, especially to the older one. The agent was yelling at him, asking why he was

lying because supposedly they had seen me cross by foot and that they knew I was waiting for my children at agas station in El Paso. My child got so scared that he accepted that version even though it wasnt true. After one

hour another officer came to talk to Norma, arguing that they couldnt find one of the birth certificates forone ofmy children. They were so scared that all they wanted to do was to leave that place. Finally another agentapproached Norma to tell her that everything was okay since she has a green card and the children are U.S.Citizens.

CBP CASE #3Alleged abuse: ABUSE OF AUTHORITYDATE AND TIME OF INCIDENT: N/ALOCATION OF INCIDENT: SANTA FE INTERNATIONAL BRIDGENAME OF PERSON ABUSED: G. Z. H.

My name is Graciela. This is my real storyI lost my hand purse with all my documents inside; it was on the year of

2000 and something. I dont remember exactly when. I called to report that I had lost my documents and to letthem know that I was planning to travel to Mexico, that I wanted to know what I could do to come back since Ihad lost my residence card. They extended a permit for me and they told me that I was able to travel with thatdocument and identification, until I could get my residence card by mail. So I went to Mexico to visit my family.When it was my turn on the bridge, I presented my permit and the agent asked me what this is? I said, I lost all ofmy documents and I was told it was okay to present this permit until I could get my residence card by mail. He saidthis means nothing for me I replied, it may not mean anything for you but it does means something for mebecause this is like my passport, and he said, I am not letting you cross until you go to the office and bring me ayellow paper that they are going to give you.


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So I went to the office and asked for that yellow paper, the agent was surprised because he said he didntunderstand why I was not able to come back, anyways he gave me the yellow paper and told me not to get inline again, to just go and present that little yellow paper, so I did, but the officer asked me to get in line again;when it was my turn again, I presented my permit, my identification and the yellow paper, and the officer said,even with all this, your permit means nothing for me, this time I didnt replied back. He let me cross and when Iturned my back to him I could hear him saying in English This is the kind of people that comes to this Country to

take advantage of it he thought I had not understand what he said, but fortunately my husband doesnt speak a

word in Spanish so I had to learn English. I went back to him and told him excuse me but I feel very grateful withthis Country, there are so many things that I am grateful for and one of them is the wonderful husband I havewhom has served this country in the army for 25 years, I dont have the need to take advantage from this Country,we pay our taxes and you just dont know what youre saying. He just stared at me, I turned my back to him, I wasfeeling very angry. It is not fear that they humiliate us in this way, because we are all humans and it seems like theydont know what humanity means.

CBPPORTS OF ENTRYEL PASO LOCAL POLICE CASE #2Alleged abuse: ACTING AS FEDERAL AGENTS, WRONFUL ARREST, EXCESSIVE FORCE

DATE AND TIME OF INCIDENT: SEPTEMBER, 2011LOCATION OF INCIDENT: PIEDRAS AND PAISANO INTERSECTION, EL PASONAME OF PERSON ABUSED: A. L.

On September 2011, I, A. L. was driving on Piedras Street, I was heading home. When I hit the intersection of Piedrasand Paisano the traffic light was on red, when the traffic light turned green, I couldnt continue because my carhad run out of gasoline, the cars behind me started to honk not knowing that my car had run out of gasoline,suddenly a unit belonging to the El Paso Police with two officers inside arrived to the place. I got very nervous. Thetwo officers got down their car and approached me to ask me what was going on. I got even more nervous whenI find out that the officers did not speak a word in Spanish, and I dont speaka word in English, somehow Imanaged to communicate with them, telling them what had happened. They helped me to push the car to thegas station that was just right there at the corner, and then they started an investigation. They asked me to givethem identification; I told them I did not have one with me at that moment. Then they asked me to give them myname, last name and date of birth so they could run it through the system and check if I did not owe traffic ticketsnor had warrant arrest so that then they could go ahead arrest me. They couldnt find anything because Ivealways been very cautious not to get in trouble, so that whenever I could start my legalization process not to haveany kind of problems. My wife is a U.S. Citizen and I have 5 children with them, all of them U.S. Citizens.The officers told me that immigration was coming because I was illegally in the country. I told them that they

shouldnt have done that, that they were not immigration officers, they told me that immigration was a rrivingbecause a lot of years ago I had been deported and arrested for illegal re- entry. At that moment in a very violentway they handcuffed me, using excessive force, same that was not necessary since I was not resisting the arrest.Their violent actions provoked me abundant nosebleed and some other minor punches, nothing grave. When Iwas arrested I asked the reason for my arrest and they told me that it was because I was driving intoxicated andfor resisting arrest. Then they took me to the police station in front of the County Jail. All of this time, I kept tellingthem that I had to go home to take care of my kids because my wife was working, they never care. When we gotto the police station one of the officers called my wife to let her know that I had been arrested and without herasking why, the officers started explaining her about the bleeding and lesions I had suffered. The officer told herthat I had become very violent when they were trying to arrest me, my wife told him that that was very strangebecause that was not the way I would have reacted. My wife contracted the services of two attorneys, they neverhelped me. I spend one month in jail and five more at the immigration detention center. I grew desperatebecause my wife had no more money. I decided to sign my deportation. Ive been living at Juarez since two yearsago, my wife and my five sons live at El Paso. My wife is trying to find a solution to reunify the family the legal way.


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General Complaints against CBPCustoms and Border Patrol2- Tearing Visas- Abuse of Authority4Unnecessary Prolonged Detention6- Abuse of Authority1-Misconduct from AgentInappropriate touching

TEXAS LOCAL AND STATE POLICE CASES

EL PASO LOCAL POLICE CASE #1Alleged Abuse: WRONGFUL DETENTION, RACIAL PROFILEDATE AND TIME OF INCIDENT: 11/15/2013 around 2:00 a.m.

It was Friday November 15th around 2:00 a.m. My boyfriend and I were heading to my moms house; she lives atthe Salazar apartments. Suddenly we were detained by local police, they asked us from where were we coming,why so late, that if I had tattoos because my boyfriend does. I dont have tattoos, but the officer started checking,he uplift my blouse, my boyfriend got mad, and started arguing with the officer, and because of that he was toldto get into the police patrol. The officer continued searching my body for tattoos and since he couldnt findanything, he asked me to call my mom. My boyfriend was told to get out of the car and to call his mom as well.We had a little boy with us. My mom arrived to the place and I left with her. My boyfriend and the little boy were

taken to my boyfriends house.

EL PASO LOCAL POLICE CASE #2Alleged abuse: ACTING AS FEDERAL AGENTS, WRONFUL ARREST, EXCESSIVE FORCEDATE AND TIME OF INCIDENT: SEPTEMBER, 2011LOCATION OF INCIDENT: PIEDRAS AND PAISANO INTERSECTION, EL PASONAME OF PERSON ABUSED: A. L.

On September 2011, I Alejandro, was driving on Piedras Street, I was heading home. When I hit the intersection ofPiedras and Paisano the traffic light was on red, when the traffic light turned green, I couldnt continue because

my car had run out of gasoline, the cars behind me started to honk not knowing that my car had run out ofgasoline, suddenly a unit belonging to the El Paso Police with two officers inside arrived to the place. I got verynervous. The two officers got down their car and approached me to ask me what was going on. I got even morenervous when I find out that the officers did not speak a word in Spanish, and I dont speak a word in English,somehow I managed to communicate with them, telling them what had happened. They helped me to push the

car to the gas station that was just right there at the corner, and then they started an investigation. They asked meto give them identification; I told them I did not have one with me at that moment. Then they asked me to givethem my name, last name and date of birth so they could run it through the system and check if I did not owetraffic tickets nor had warrant arrest so that then they could go ahead arrest me. They couldnt find anything

because Ive always been very cautious not to get in trouble, so that whenever I could start my legalizationprocess not to have any kind of problems. My wife is a U.S. Citizen and I have 5 children with them, all of them U.S.Citizens.

The officers told me that immigration was coming because I was illegally in the country. I told them that theyshouldnt have done that, that they were not immigration officers, they told me that immigration was arrivingbecause a lot of years ago I had been deported and arrested for illegal re- entry. At that moment in a very violentway they handcuffed me, using excessive force, same that was not necessary since I was not resisting the arrest.Their violent actions provoked me abundant nosebleed and some other minor punches, nothing grave. When Iwas arrested I asked the reason for my arrest and they told me that it was because I was driving intoxicated and

for resisting arrest. Then they took me to the police station in front of the County Jail. All of this time, I kept tellingthem that I had to go home to take care of my kids because my wife was working, they never care. When we gotto the police station one of the officers called my wife to let her know that I had been arrested and without herasking why, the officers started explaining her about the bleeding and lesions I had suffered. The officer told herthat I had become very violent when they were trying to arrest me, my wife told him that that was very strangebecause that was not the way I would have reacted. My wife contracted the services of two attorneys, they neverhelped me. I spend one month in jail and five more at the immigration detention center. I grew desperatebecause my wife had no more money. I decided to sign my deportation. Ive been living at Juarez since two yearsago, my wife and my five sons live at El Paso. My wife is trying to find a solution to reunify the family the legal way.


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EL PASO LOCAL POLICE CASE #3DATE AND TIME OF INCIDENT: 9/19/2013 AT 3:00 P.M.LOCATION OF INCIDENT: ALAMEDA AND FRESAS STREETNAME OF PERSON ABUSED: I. AND F.

On September 19 when I arrived from work, my friend arrived very scared. She told me that the police hadstopped her husband and her, had called immigration and that immigration had taken her husband.

She told me it was about 3 p.m. when they were going to the Pavo Real Furniture, and then a police stoppedthem; they parked at the Pavo Real Furniture parking lot that is located at Fresas and Alameda Street.The officer approached and asked Francisco for his drivers license and car insurance. Mr. Francisco had with him

his drivers license from Juarez, but didnt wanted to show it to the officer because he owed tickets and was afraidto get arrested so he said he didnt have it, nor car insurance. The officer goes back to his car and five minutes

later border patrol shows up with two border patrol agents in it. My friend tells me that they asked Francisco to getout of the car and started investigating him. She couldnt hear what they were saying but her husband is arrested,

while the arrest is taking place, the police officer approached my friend and yells at her liar and she asks why?

but the police officer doesnt answers her question, a border patrol agent approaches my friend and asks her

what is her relationship with Francisco, she answers that he is her husband. The agent asked her if she has papersand she says yes and shows them to him, the agent checked her documents and tells her that she can leave. Myfriend is so nervous that she had to call her son to ask him to go pick her up because she was so scared she wasnt

able to drive, she then arrives to my house and is telling me what had just happened, while she was telling me thestory it is now around 6:00 p.m. and she receives a call and is Francisco, he told her they had taken him to theiroffices on Rojas Street, where he was processed and that he was going to be sent to County Jail, supposedly

because one immigration officer told Francisco that he had stopped him because he was driving and talking onthe phone, but my friend tells me that is not true, because she had both cell phones inside her purse. Mr. Franciscoremains in jail for a month and a half, and then is sent to the annex where he stays there for another month andtells her wife he is going to be sent now to immigration. My friend goes to Juarez to wait for him, but whenFrancisco is released around 2 a.m. in the morning, they release him through the international bridge on El PasoStreet, but my friend tells me that he was taken right from the jail to the bridge, and that it was not immigrationagents, and that he never went to the detention center. I am not sure as to what happened next because rightnow they live in Camargo Chihuahua. My friend decided to leave the USA even though she is a legal permanentresident; she wanted to be with her husband because he was deported for ten years.

STATE TROOPER TEXAS CASE #4Alleged Abuse: ACTING AS FEDERAL AGENT, WRONGFUL DETENTIONDATE AND TIME OF INCIDENT: JANUARY 4, 2008LOCATION OF INCIDENT: PELLICANO STREETNAME OF PERSON ABUSED: J. H. C.

On January 4, 2008 I was coming out of my job in the afternoon, my brother in law was with me. I was not even aquarter mile away from my job, when I noticed a state trooper two cars behind me. I was sensing the officer hadthe intention to stop me because of the way he was driving; he was driving outside his lane, so that I could be ableto see him through the mirror. Some minutes later he turned on the lights and I got off the road. I thought he hadstopped me because of the cars Mexican plates, but he told me he stopped me because I was driving out of mylane. I told him that it was very dark and that I could barely see the line because it was faded. He also added thathe stopped me because he thought the plates were overdue since they had the inscription c8. He asked me formy drivers license, I didnt had one, but I gave him my Texas identification which was as well overdue, I also showhim the cars insurance. He asked me if I had other identification and I showed him my matricula consular. Theagent asked both of us to get off the car, he asked me how long had I been living here in El Paso, I answered 15days. He told me he was going to call people from CBP to ask how long had the car been here. The cars owner ismy wife, so the car had been here longer than that. Then the agent told me he was going to call immigration. Theimmigration agent arrived half an hour later, when I explained to him what had happened, he himself told me that

he couldnt understand why the state trooper agent had called him, but since there was a report already beingmade he was going to have to take me.


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OTERO COUNTY DETENTION FACILITY

SECURITY GUARD OTERO COUNTY DETENTION CENTER CASE #1Alleged Abuse: ABUSE OF AUTHORITY, PHYSICAL ABUSE, UNECESSARY POLONGED DETENTIONDATE AND TIME OF INCIDENT: BETWEEN FEBRUARY AND MARCH 2010LOCATION OF INCIDENT: OTERO COUNTY DETENTION CENTERNAME OF PERSON ABUSED: L.

Between February and March 2010, I was detained at the Otero County Detention Center at Chaparral, NewMexico. It was my first time there; I didnt know how system worked. One day I saw how detainees were sellingdrugs (cocaine). When they saw I was watching them, they began to threaten me, they wanted to beat me up,they were like 60 people, I felt threaten. I saw some security guards passing by and I ran to the door to ask them forhelp, they opened the door but didnt let me explain what was happening, they began pushing me and threw meto the floor. I wanted to explain that I needed help, but they were just making fun of me. A female security guardinsulted me, because she said I had broken her nail and she gave me a kick in the head, after that they took me tothe nursery, where they gave me something and I fell unconscious, when I woke up, I was already in a punishmentcell. I dont know how long I had been there, I justlistened to the guards making fun of me and laughing, sayingpoor guy, and he will stay there. I couldnt remember very well what had happened to me, but even in that

mental situation they took me to court where the judge told me that I had no charges so I was translated to theDona Ana County Detention, there in that jail, they found out I was not mentally healthy and sent me to see apsychologist to be examined. My family was never notified that I had to go to the nursery because I had beenbeaten; they were also not notified about me being in a punishment cell. My family had tried to visit me at Oterobuy they didnt gave them any information about my situation. They were able to visit me at the Dona Ana CountyDetention Center that is where they were able to see my punches and they find out that I couldnt rememberthem very well and that I would talk about things incoherently. After the beating, no attorney visited me, when Ihad court at Dona Ana, the judge told me that my release had been two months ago, he asked me if I knew whyI was still detained. But nobody ever notified anything to me. The judge ordered automatic departure. Later I findout that being detained more time than specified can be a problem for the detention center. I did nothingbecause I didnt know what to do.

Documents

Abuse Documentation Campaign Preliminary Report 2013