U.S. Border Patrol Must be Accountable and Transparent

Groups to Testify Before Inter-American Commission on Human Rights After Report Finds Widespread Mistreatment

WASHINGTON, D.C.–Today, human rights groups, including No More Deaths, the Southern Border Communities Coalition, Latin America Working Group, the Women’s Refugee Commission, the ACLU of New Mexico-Regional Center for Border Rights and the National Immigration Forum, will present testimony before the Inter-American Commission on Human Rights (IACHR) about human rights violations in the detention and repatriation of migrants entering the United States through the U.S.-Mexico border. Established by the United States and all countries in the Western hemisphere in 1959, the IACHR is authorized to examine allegations of human rights violations by any member country. The hearing will take place at 9:00 a.m. in the offices of the IACHR at 1889 F Street, NW, Washington, D.C. The U.S. government will send representatives to respond to the allegations.

The hearing follows more than six years of interviews and documentation work by No More Deaths, a humanitarian and advocacy organization based on the Arizona-Mexico border. This work has included nearly 15,000 interviews with recent deportees who had experienced abusive conditions while in custody. No More Deaths’ most recent report, A Culture of Cruelty: Abuse and Impunity in Short-Term U.S. Border Patrol Detention, published in September 2011, included the following findings, consistent with those of other civil society organizations working in the region:

• 11,384 reports of inadequate access to food—children were more likely to be denied water than adults;
• 374 cases of individuals being repatriated without needed emergency medical care or medication;
• coercion into signing legal documents;
• unsanitary and inhumane processing center conditions;
• reports of verbal, physical and psychological abuse.

In addition to these cases of abuse and mistreatment, the report documents serious structural shortcomings in U.S. Department of Homeland Security (DHS) internal oversight mechanisms, resulting in a widespread culture of impunity in which abusive behavior goes unpunished and uncorrected. Petitioners have identified violations of repatriation agreements between the U.S. and Mexico that put vulnerable migrants at risk.

“Not only is the U.S. government failing to adequately screen for asylum seekers and trafficked children, it is failing to meaningfully engage with civil society to work on addressing these violations of U.S. and international law,” said Jennifer Podkul, program officer, Women’s Refugee Commission.

The U.S. Border Patrol has refused to release complete versions of existing detention policies or to allow civil society organizations access to the facilities to monitor conditions. Efforts to use existing oversight mechanisms have been similarly unproductive, in part due to the fact that all are internal to DHS.

“Current complaint processes are difficult to navigate and lack transparency, providing little to no information regarding allegations of abuse,” said Adam Aguirre of No More Deaths. “This reflects DHS’s limited ability to meaningfully address systemic, abusive Border Patrol practices.”

Some of the dangerous and abusive U.S. Border Patrol practices documented by these groups violate existing repatriation agreements between the governments of the United States and Mexico; other practices fail to comply with asylum and trafficking screening requirements set forth in domestic and international law, including the William Wilberforce Trafficking Victims Protection and Reauthorization of 2008, the American Declaration on the Rights and Duties of Man, and the United Nations Convention Against Torture.