Border Action Network’s Tour of the Nogales National Placement Center

Please note that the names and any identifying information about the children have been changed to protect the privacy of the children in detention in Juanita Molina’s account of her visit.

The management and care of migrant populations has become an increasingly complex and heartbreaking situation, especially now that we are seeing an unprecedented surge of unaccompanied minors coming into this country. White House officials have acknowledged that criminal violence and ailing economies in Central America are the primary factors driving this migration. The thousands of unaccompanied minors held in National Placement Centers for lack of an appropriate shelter by government entities must be cared for and information about their status and well being must be made public in an appropriate manner.

Having developed a working relationship with the Tucson Sector of Customs and Border Protection (CBP), I was invited to tour the Nogales facility and participate in a discussion and evaluation process based on our shared values.  It pains me deeply that the conditions of the National Placement Center in Nogales, Arizona, have been sensationalized in the media, and I want to give a first-hand account of what I saw during my tour of the Nogales facility. My reason for undertaking this visit was to witness the conditions and report on them to the community with the goal of finding solutions to this overwhelming problem.

Border Action Network (BAN) fully acknowledges the long history of abuses and human rights violations by CBP officers, and as an organization we address these issues on all levels, both locally and nationally.  As a humanitarian organization, BAN supports the ACLU in its action to bring light to the violations against unaccompanied minors in detention. With this said, it is important to remember that institutions are composed  of individuals with shared values, and CBP is no exception.  Abuses and violations occur, but there are individuals in these institutions whose actions exemplify the values of our government entities and who endeavor to improve the human condition through their service.

I had previously toured CBP’s detention areas and had complied with all information requests to be properly vetted for this visit. The tour and briefing lasted approximately 5 hours. I met with Tucson Sector Chief Manuel Padilla and the commanding officers in charge, and I had the opportunity to engage with all officers and ask questions at each station of the facility. They provided a comprehensive overview of operations including protocols, procedures, and organizational flow charts.  In a limited amount of time, CBP had created a holding facility to house approximately 1,300 children in temporary detention.

The Nogales detention facility, formally a warehouse, has been rehabilitated into a National Placement Center for unaccompanied minors brought by CBP from the Rio Grande Valley and those children apprehended in the Tucson Sector.  I was given access to the medical triage station, food preparation areas, and holding cells.  They had a phone bank and a holding area for the childrens’ belongings. Now that the administration has declared this a humanitarian crisis, CBP has started to broker the appropriate supplies through FEMA.  The commanding officer confirmed that the children were fed every 6 hours, and that food and water was available upon request at anytime.    Showers, bathrooms, and laundry facilities had recently been provided by FEMA, and the children were given access to hygiene supplies such as diapers and feminine products. The physical space is divided by 10-foot chain-link fences, and children are separated by gender and age.  CBP officers try to keep mothers and siblings together whenever possible. The two largest holding areas house adolescent males and females separately; many of the adolescents appeared depressed, shutting out their surroundings under metallic blankets issued by the facility. It was apparent that the CBP was doing their best to meet the childrens’ physical needs, yet in spite of their best efforts, CBP personnel are ill equipped to deal with the emotional circumstances faced by these children.

Very unfortunately, the CBP has given people many reasons to question and criticize their behavior and the latest comments from the Border Patrol Union strongly reinforce the suspicion and mistrust with which the community has often legitimately viewed the Border Patrol’s actions and attitudes.  From what I have personally witnessed, the views expressed in the Border Patrol Union statement are not shared by all officers and I have met many officers who have volunteered to work in the National Placement Centers. The improvements and attention to protocol originate from the personal determination of individual agents and are supported by the leadership of the Tucson Sector.  CBP was transparent about every part of the process and communicated their profound desire to improve conditions and to contribute to the well-being of these children.   It was evident that a policing force should not be put in the position of providing primary care to children in custody; this is especially apparent when it comes to meeting the emotional needs of the younger children.

During my visit with the children in the holding cell, I encountered several adolescent mothers who worried that their babies were sick.  “Elena,” a 15 year old from Guatemala, held her 10-month old in her arms and said she was concerned that her baby was getting thinner. I asked what she had been feeding her baby, and she said the same beans that she ate, unaware that she was feeding her infant solid food that her digestive system could not handle. Elena tearfully stated, “I don’t know when I am going to see my mother. She would know what to do to take care of the baby.”

Then I noticed “Martita,” a 7-year-old girl from Guatemala, crying in the corner.  She had been among a group of children found wandering on the border by CBP officers.  I asked her what was happening, and she said, “I am in this place and I don’t know where my mother is.”  She dissolved into tears.  I took her hand, and she said, “I am lost and no one knows I am here.  My mother will never find me.”  I told Martita that I would never forget her and that we were all here to help her.  The CBP officer with us reassured her that this was temporary and that they would help find her mother.  “Martita” looked at us uncertainly; she, like all other children in the world, punctuates her day with routine and contact with loved ones.  In this uncertain environment, she could only put her faith in us, two well-meaning strangers.

Our obligations as a society that strives for justice and equity are clear.  We must care for these children and extend the appropriate level of care to ensure their emotional and physical safety. Close working relationships with CBP and other federal agencies foster the opportunity to monitor agency efforts and challenge them to hold the standards we hold dear as a nation.  The Secretary of the Department of Homeland Security, Jeh Johnson, stated this week, “It is hazardous to send a child…to a processing center. Processing centers are not places for children. To put a child in the hands of a criminal organization is no place for a child either. So yes, we provide a number of things for children when we find them…but it is not a desirable situation and I would encourage no parent to send their child through this process.”  These children are the lucky ones because they are alive.

A community response is necessary because the extent of the problem goes beyond CBP’s mission and capacity.  We as a community must offer support services to these children in order  to preserve human life and respect the inherent dignity of each human being.  We need to gather donations for their care, not just to address their physical needs but to support their emotional needs as well.  You can support these children by sending donations to Catholic Relief Services and by expressing your concern to members of Congress to support adequate resources for dealing with this issue.  We as a nation need to keep that promise to “Martita.”  I know I will never forget her and will continue to advocate for every child in custody.

Release of PERF Report and Revised Use-of-Force Policies a Victory for Southern Border Communities

Quick and Thorough Implementation of Report Recommendations Critical to Ensuring Agency Transparency and Accountability

Washington: After months of publicly pressuring U.S. Customs and Border Protection (CBP) to release a critical review of its use-of-force cases and policies by the Police Executive Research Forum (PERF), border communities can now claim a significant victory in seeing the government release the PERF report. Today, the PERF analysis was brought out into the open along with the agency’s new Use of Force Policy, Guidelines and Procedures Handbook.

Earlier this week, advocates from southern border communities met with CBP Commissioner Gil Kerlikowske in San Francisco and urged him to take swift action in implementing urgently needed reforms, including increasing agency transparency by releasing the PERF report.

Download: PERF Use of Force Review and  Use of Force Policy and Guidelines and Procedures Handbook

The release of the PERF review of CBP, the nation’s largest law enforcement agency, is seen as a turning point in public efforts to create transparency and accountability in an agency known for secrecy. But the real measure of success will be how quickly and effectively the agency is able to implement appropriate changes based on the PERF report’s recommendations and updated policies.

Among some of its key findings, PERF concluded that CBP agents intentionally placed themselves in harm’s way to justify deadly force, such as standing in front of moving vehicles and rock throwers rather than moving out of the way.

Since the revelation of some of the findings in this report last November, border communities, law enforcement and faith leaders have repeatedly urged the agency to publicly release the PERF report, which was completed in February of 2013.

Since 2010, CBP agents have killed 28 people, many of them citizens and some of them minors, yet no agent has been held accountable in any of these cases.  This clear lack of accountability at the agency prompted national and international scrutiny of CBP’s use-of-force practices and policies, culminating in an audit by PERF, which was completed in February, 2013, and kept from the public until now.

“Today’s announcement marks a turning point for the strained relations between Customs and Border Protection and civil society. The Obama administration must seize this opportunity and direct the new leadership of the Department of Homeland Security and CBP to enact rapid and thorough reforms at the nation’s largest law enforcement agency. Our government can and must prevent further abuses and deaths in a region punished, for far too long, by overzealous enforcement,” said Christian Ramírez, director of the Southern Border Communities Coalition.

Member organizations for the Campaign for an Accountable, Moral and Balanced Immigration Overhaul (CAMBIO) released the following statements in response to today’s report release:

Vicki Gaubeca, director, ACLU of New Mexico Regional Center for Border Rights

“The release of these two documents hopefully heralds a new and welcomed age of transparency for the agency. It will still be important to see how these revised policies on use of force are translated into training and the agency will require monitoring to ensure that agents who violate these new policies are held accountable. Also, we hope that there will be more transparency in future use-of-force investigations and closure is still need for the family members of previous use of force incidents, such as in the cases of Sergio Adrian Hernandez Guereca, Anastacio Hernandez Rojas, and Jose Antonio Elena Rodriguez.”

Andrea Guerrero, executive director, Alliance San Diego; co-chair, Southern Border Communities Coalition

“Releasing the PERF report was a necessary first step to gain confidence in the new leadership at CBP and DHS. The Obama administration has an opportunity now to move forward substantive reforms to ensure the agency is held to the highest standards of professionalism and that decades of abusive and unaccountable behavior is finally put to rest.”

Rev. Randy J. Mayer, Pastor of the Good Shepherd United Church of Christ and CO-Founder of the Green Valley/Sahuarita Samaritans

“For too long Customs and Border Patrol has acted in secrecy and impunity, tearing apart the trust and cohesiveness of our Border Communities.  We are grateful that they have finally heard the demands of the community and are giving us a first glimpse of how they actually operate and conduct business.   If they want to be a respected and valued part of our community they now need to implement the changes that the Police Executive Research Forum has recommended in their report.  Border Communities deserve and demand a more professional, transparent, and accountable Custom and Border Patrol, since it is the largest law enforcement agency that has saturated our communities with their presence over the last few years.”
James Duff Lyall, Staff Attorney (Tucson Office), ACLU of Arizona

“Long overdue, the release of this report is a positive step toward achieving the transparency that CBP has steadfastly resisted. Major reforms – including improved training and data collection and consistent complaint and investigations processes – are still needed to change the culture of impunity that has taken hold at CBP.”

Review of Released Documents

A review of the released documents reveals that most, if not all, of the PERF recommendations were included in the new Use of Force Handbook. These include new policies that direct agents to do the following:

•    Report all incidents of use of force for the agency to review.
•    Limit use of Electronic Control Weapons (Tasers) to situations in which subject is resisting in a manner that will cause injury; Do not apply more than 3 times or to sensitive areas, or in flammable situations, or to vulnerable populations (children, etc.).
•    Do not shoot at moving vehicles unless imminent threat of serious injury or death; Do not shoot at fleeing vehicles; Do not place yourself in the path of moving vehicle.
•    Do not shoot in response to projectiles unless there is danger of serious death or injury; Seek cover or remove from area of danger.

CAMBIO and its members organizations welcome the new policies. “We are pleased to see that CBP is taking the recommendations seriously,” stated Christian Ramirez. “The new policies on use of force represent an alignment with best practices in law enforcement and we will be watching closely to see that these policies are put into practice and that the agency fulfills prior commitments such as officially testing body-worn cameras to record agent interactions with the public.”

Ramirez added, “Had these policies been in practice previously, we would not now be mourning the loss of 28 border residents and the serious injury to many more. But we we are hopeful that these changes will turn the tide on the legacy of abuse that has marked this agency for decades.”

CBP Arrests and Mistreats Shena Gutierrez, Nationally Known Advocate for Accountability and Oversight Over CBP

Two others were arrested by Customs and Border Protection (CBP) during Vigil-Fast for Victims of Border Patrol Violence

Nogales Port of Entry, Arizona: Today, Shena Gutierrez, an outspoken advocate for accountability and oversight over Customs and Border Protection (CBP), was mistreated and arrested by CBP agents along with activists Sarah Roberts and Richard Boren.  They were participating in a 48-hour vigil and fast for victims of CBP violence when the arrests occurred.
 
Shena Gutierrez came to Arizona from her home in California to advocate for her husband, Jose Gutierrez, who suffered traumatic brain injuries and a subsequent coma after being apprehended and beaten by CBP agents at the San Luis Port of Entry (Arizona) in 2011.  To this day, only 4 names have been released out of the 11 who were involved in his near fatal beating. 
 
The bi-national event, which was held to bring attention to Border Patrol violence, was attended by the families of individuals who had suffered similar fates along the U.S. southern border region, as well as concerned community residents. Members of the recently formed, Border Patrol Victim’s Network, have reported that various participants were physically and verbally abused by CBP and that tensions between vigil participants and CBP escalated throughout the day. 
 
Shena Gutierrez confirmed that CBP agents began to engage in combative and unnecessarily invasive questioning early Saturday afternoon. She said, “The agent started asking me ‘Where do you live? Why are you here? Are you going to be difficult with me?” Later that evening, when Gutierrez, Roberts, and Borden proceeded to the Nogales port of entry, another agent confronted them with similarly invasive questions.  Mrs. Gutierrez became concerned when the agent took note of her t-shirt, which read “Truth, Accountability and Justice . . . Stop Border Patrol Brutalities!” and that showed a picture her husband in the hospital in a coma. They were then instructed to leave the port of entry. 
 
After completing their exit, Gutierrez, Roberts, and Borden returned to make a formal complaint against the CBP agent. CBP officials refused to provide the agent’s name and proceeded to arrest the three vigil participants for “Failure to follow orders of a Federal Officer.” Mrs. Gutierrez sustained bruises on her upper arms and discoloration around her wrists from being physical restrained by CBP agents. Additionally, when Shena raised concerns about the pat-down search she received, an agent responded, “you better let them do it or else we’ll force you down and do it anyways!” The three participants were held in custody for several hours and eventually released with orders to appear in Federal Court at a later date.  

According to Juanita Molina, Executive Director of Border Action Network, “Unfortunately, incidents like this continue to happen.  As a community, we must require law enforcement to act in accordance with the law and distinguish between who they may disagree with and who is an actual danger to the country.”  


Director of the Southern Borders Communities Coalition, Christian Ramirez, affirmed that “We condemn the abusive behavior committed by CBP officials against Shena Gutierrez.  It is inadmissible that CBP officials will act in a retaliatory manner against a well-known advocate for accountability over CBP. We expect a full investigation to ensure that the agents responsible are disciplined accordingly.” 
 
Community pressure has been mounting to control the Border Patrol following national and international pressure requesting the same.  An internal audit of CBP’s use-of-force and abuse cases known as the Police Executive Research Form Report (PERF) has revealed that the agency lacks accountability, oversight, proper training and tracking of abuses. Community and civil liberties groups along with members of Congress have requested the public release of the report to prevent further abuses.

Border Action Network Supports Measures to Save Lives of Migrants in Southern Arizona

Tucson Sector Border Patrol shares strategies and demonstrates new emergency beacons at Border Safety Initiative Event

Migrant deaths continue to be a reality for our border community. As of today Humane Borders has mapped 2,602 deaths in southern Arizona since October 1, 1999, and the number continues to increase as we approach the extreme climate changes typical of the seasons for the Sonoran Desert.

Although the number of apprehensions has decreased in the Border Patrol Tucson Sector, the rate of people dying has remained constant. Since fiscal year 2011, there have been 16 border crosser remains found for every 10,000 apprehensions — only falling slightly to 15 in 2012.  Dr. John Chamblee, Research Chair for Humane Borders explains, “Over the last ten years, undocumented migrant death rates on the border have increased as proportion of total apprehension rates. At the same time, migrants have been dying closer to the border and further from roads. These shifts result from the escalation of border enforcement strategies that use the landscape as a deterrent. As long as the legal definition of “operational control” on the U.S. southern border includes “the prevention of all unlawful entries into the United States,” we should not be surprised such landscape-based approaches are pursued. Humane Borders data show that landscape-based deterrence makes the crossing environment deadlier for migrants. What the data do not show, but I believe to be true nonetheless, is that these policies are not just bad for the migrants, but also that they are bad for those responsible for doing border enforcement, who, under the current definition of a secure border, are being asked to do the impossible.”

Tucson Sector Chief, Manuel Padilla addressed the crowd after leading a delegation through a migrant trail, “Imagine doing the walk we just did in 113-degree weather. It’s impossible for a person to carry enough water.  A person in the desert needs about a gallon of water for every hour walked. It takes some immigrants five to nine days to walk to places like Casa Grande and Phoenix from west of Sasabe. Many risk their lives because they are not aware of the dangers.”
In 2013 Humane Borders launched The International Open GIS Initiative for Missing and Deceased Migrants, which is a result of a common vision and partnership with the Pima County Medical Examiner’s Office and the participation of local law enforcement including CBP. Its purpose is to provide geographic information systems-based tools that use publicly available information to grant access to high-quality, frequently updated, and downloadable spatial data regarding migrant deaths. These customizable search tools available through the menu options will allow any user to query data concerning migrant deaths, view the data using on-line maps and tables, and download the data for further use. This tool will support the work of first responders and law enforcement agencies responding to this crisis. This dialog has enhanced the binational education campaigns by humanitarian aid organization and Border Patrol.  Juanita Molina, Executive Director of Humane Borders and Border Action Network stated, “A just and humane society integrates the inherit value of each human being into every institution.  Our government’s disproportionate response to the risk posed by economic migrants has caused thousands of deaths and created a generational footprint on our state. A Border Enforcement measure created to preserve human life is fundamental to our values as a community.”

The Tucson Sector has 22 rescue beacon towers with mirrors and a blue light to attract immigrants who need help. Once there, they can push a red button that sends a signal to the stations.  In fiscal 2013, there were 97 activations that resulted in 165 people being rescued. Through March 21, there have been 56 activations and 80 people rescued.  Pastor Randy Mayer stated, “It is great to see that the Border Patrol is working harder to save immigrant lives that have been pushed into the most dangerous areas of the Sonoran Desert by the Border Patrol’s own tactics.  Our hope is that twenty rescue beacons can soon multiply to thousands and the desire to use the deadly Sonoran Desert as a deterrent can be banished as a heartless and disastrous project.”