Payouts to settle claims of mistreatment Official data released under the
Freedom of Information Act shows that between 2005 and 2017, the federal government paid out more than $60,000,000 in legal settlements of cases in which border agents were involved in deaths, driving injuries, alleged assaults, and wrongful detention. For example, in the 2003 case of Ricardo Olivares, the agent who fired the shot who killed him was not prosecuted, by decision of the
U.S. Department of Justice, but a civil suit filed by the man's family resulted in an award of $350,000.
Ramos and Compean In February 2005, Border Patrol agents
Ignacio Ramos and
Jose Compean were involved in an incident while pursuing a van in
Fabens, Texas. The driver, later identified as Aldrete Davila, was shot by Agent Ramos during a scuffle. Davila escaped back into Mexico, and the agents discovered that the van contained a million dollars' worth of marijuana (about 750 pounds). None of the agents at the scene orally reported the shooting, including two supervisors: Robert Arnold, first-line supervisor and Jonathan Richards, a higher ranking field operations supervisor. Ramos and Compean were charged with multiple crimes. Ramos was convicted of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence, and a civil rights violation. Compeán was found
guilty on 11 counts, including discharging a
firearm during the commission of a
violent crime, which by itself carries a federally mandated 10-year
minimum sentence. Without that charge, both agents involved would have received far shorter sentences. Ramos was sentenced to 11 years and a day in prison and Compean to 12 years. Jonathan Richards was promoted to the Patrol Agent in Charge of the Santa Teresa, New Mexico Border Patrol Station soon after the incident. On January 19, 2009, President Bush commuted the sentences of both Ramos and Compean, effectively ending their prison term on March 20, 2009, and they were released on February 17, 2009. The case generated widely differing opinion among various commentators and advocacy groups: civil libertarians asserted the agents used illegal and excessive force, while advocates of tighter border control defended the agents actions.
Death of Anastasio Hernández-Rojas On May 30, 2010,
Anastasio Hernandez-Rojas died of a heart attack while in the custody of United States Border Patrol (USBP), Immigration and Customs Enforcement (ICE), and
U.S. Customs and Border Protection (CBP) and agents and officers at the
San Diego–Tijuana border. He was beaten and then shocked by
tasers at the
San Ysidro Port of Entry, Hernández-Rojas's death was profiled in a 2012
PBS report called
Crossing the Line, in
Nonny de la Peña's 2013 five-minute-long
virtual reality called
Use of Force, and in a 2014
American Civil Liberties Union report.
Death of Sergio Hernandez Sergio Adrian Hernandez was a teenager who was shot once and killed on June 7, 2010, by Border Patrol agents under a bridge crossing between
El Paso, Texas, and
Ciudad Juárez,
Mexico. Border Patrol agents claimed that there was a mob that pelted them with rocks. For his involvement in the incident, Border Patrol agent Jesus Mesa Jr., invoked
qualified immunity in his defense. In February 2020, the U.S. Supreme Court ruled that the Hernandez family may not bring suit against the agent, highlighting the 1971 case
Bivens v. Six Unknown Named Agents in the majority opinion. On June 12, 2010, the television network
Univision aired cellphone video footage of the incident, after which Mexican legislators called unsuccessfully for the extradition of the officer accused of the shooting.
Incidents involving use of tear gas and pepper spray On November 25, 2013, the San Diego Tribune reported that 100 aliens who tried to cross the border illegally near the San Ysidro port were pepper-sprayed and tear-gassed after throwing bottles and rocks at border patrol agents. A similar incident was reported in November 2018.
Allegations of abuse Various civil activist and human rights organizations have alleged abuses of illegal aliens by Border Patrol agents: According to the
ACLU of Texas, between 2010 and December 13, 2021, there were 46 migrant deaths while in the custody of the Border Patrol, and 68 deaths as a result of Border Patrol-involved car chases. In October 2021
Human Rights Watch released reports by U.S. asylum officers of over 160 reports of mistreatment by Border Patrol agents. In some cases the asylum officers apologized to the migrants for the treatment they had received from the Border Patrol. According to Clara Long, associate director of Human Rights Watch, "The documents make clear that reports of grievous C.B.P. [Customs and Border Protection] abuses—physical and sexual assaults, abusive detention conditions and violations of due process—are an open secret within D.H.S. [Department of Homeland Security]. They paint a picture of D.H.S. as an agency that appears to have normalized shocking abuses at the U.S. border." In 2018, activists alleged that water and food supplies left for illegal aliens were regularly destroyed by the Border Patrol. June 7, 2018: On a bus travelling from Bakersfield to Las Vegas, agents from the United States Border Patrol stopped and boarded a Greyhound bus at an agricultural checkpoint near the Nevada State Line. The United States Border Patrol agents had no authorization to stop the Greyhound bus or interrogate passengers since the location was not within the 100 air mile zone of the United States Border as authorized by section 287 of the
INA. A passenger recognized that the agents of the United States Border Patrol lacked authorization to conduct their interrogations. All other passengers aboard the Greyhound bus were notified that United States Border Patrol agents were not supposed to be stopping the bus or conducting interrogations. After a short argument with the passenger who alerted everybody, the United States Border Patrol agents left the bus. Later, the passenger who had argued with the United States Border Patrol agents decided to post an online petition on
change.org titled "Greyhound: Stop endangering migrants" as a warning for passengers against unauthorised searches by agents of DHS, ICE, and United States Border Patrol. The online petition has gathered over 60,934 signatures worldwide. Between 2010 and 2011 alleged excessive use of force by Border Patrol agents and Field Operations officers led to the death of six Mexican citizens. A PBS report,
Crossing the Line, released in July 2012, profiled the case of Hernández-Rojas who died after being beaten and while in custody of the USBP, ICE, and CBP in May 2010. From 2008 to 2011, the Arizona organization
No More Deaths interviewed nearly 13,000 illegal aliens who had been in Border Patrol custody, in the Arizona border towns of
Naco,
Nogales, and
Agua Prieta. Their report,
A Culture of Cruelty, documents alleged abuses including denial of or insufficient water and food; failure to provide medical treatment; verbal, physical and psychological abuse; separation of family members; and dangerous repatriation practices. In February 2012, Border Patrol chief Michael Fisher stated in congressional testimony that the Border Patrol takes allegations of abuse seriously. No More Deaths testified before the Inter-American Commission of Human Rights in March 2012 that in spite of raising their concerns for several years, "the agency has taken the position that such abuses simply do not occur." At some
Greyhound stations and along certain routes, agents from
United States Department of Homeland Security (DHS),
U.S. Immigration and Customs Enforcement (ICE), and United States Border Patrol have been known to stop and interrogate passengers. While DHS, ICE, and US Border Patrol Agents are legally allowed to interrogate passengers within 100 air miles of the
borders of the United States, according to the ACLU and some legal experts, without a warrant, United States Border Patrol agents need the explicit consent of Greyhound to be on Greyhound property. Protesters against
Greyhound Bus Lines allowing the DHS and ICE agents to board the buses have posted an online petition titled "Greyhound: Stop Throwing Passengers Under the BUS" on the
ACLU website, which gathered 111,895 signatures as of 2019. As of February 21, 2020 Greyhound refuses unwarranted inspections. A memo addressed to all chief patrol agents and signed by then-Border Patrol chief
Carla Provost said agents can't board private buses without consent from bus companies. Between September 2018 and September 2019, ten aliens died in the custody of the U.S. Border Patrol or its parent agency. • Pablo Sergio Barry, an agent charged with one count of harboring an illegal alien (8 U.S.C. § 1324), three counts of false statements, and two counts of making a false document. He pleaded guilty. • Christopher E. Bernis, an agent indicted on a charge of harboring an illegal alien for nine months while employed as a U.S. Border Patrol Agent. • Jose De Jesus Ruiz, an agent whose
girlfriend was an illegal alien. He was put on administrative leave pending an investigation. who used a fake
birth certificate to get into the Border Patrol. He admitted to smuggling more than 100 illegal aliens into the U.S., some of them in his government truck. He was charged with conspiring with another agent to smuggle aliens. • An unidentified patrol agent who was recorded on a
wiretap stating that he helped to smuggle 30 to 50 aliens at a time. The "group where agents posted sexist and callous references to migrants and the politicians who support them reinforced the perception that agents often view the vulnerable people in their care with frustration and contempt." Carla Provost, at the time head of the agency, was among them; she retired in 2020. == Morale ==