Abuse Documentation Campaign Preliminary Report 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 Sheriff

Concerning 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.

Recommendations
To 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 Border Patrol during traffic stops. Doa Ana County Sheriffs Office must review and revise and make public its standard operating procedures 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 Sheriffs Office, 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 and deportation 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 directives stated in the Morton Memorandum.

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CBP-Port of Entry Authority

the border legally.

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 Officer training, standards and complaints at ports of entry; Uniform Training System that includes standards 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 of their 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 DHS Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and Citizenship and Immigration Services (USCIS) and those of all other relevant border enforcement agencies.

This Commissions broad purposes must be to require due process and equal protection of the law for all those present at and near the border, to promote best civil and human rights practices by border enforcement agents, to enhance the capacity within border agencies, and to strengthen the relationship between the impacted local community and government agencies. 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 of our federal immigration system.

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Total Number of Cases Documented: 25

Southbound Check Port Entry, 1, 4%

TX State Trooper, 1, 4% Otero County Det. Center, 1, 4%

ICE, 3, 12% CBP, 3, 12%

Las Cruces PD, 3, 12%

El Paso PD, 3, 12%

Doa Ana Sheriff, 10, 40%

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Doa Ana Sherriff Types of Abuse

Abuse of Authority / Illegal Entry / Physcological Abuse / Property Damages , 3

Misconduct / Acting as Federal Agent, 7

EPPD Types of Abuse

Acting As Federal Agents / Wrongful Arrest, 2

Wrongful Detention / Racial Profile, 1

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Las Cruces Local PD Types of Abuse

Wrongful Arrest / Verbal Agresion, 1

Abuse of Authority / Psychological Abuse, 2

ICE Types of Abuse

Abuse of Authority, 1

Wrongful Arrest / Psychological Abuse, 1

Wrongful Detention / Physical Abuse / Abuse Authority / Inapropriate Touching by Agent, 1

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Agencies with one incident reported

Southbound Check (Port of Entry)- Acting as Federal Agents/ Wrongful Arrest/ Excessive Force, 1

Texas State Trooper - Acting Federal Agent / Wrongful Arrest, 1

Otero CountyDet. Center - Abuse of Authority, Physical Abuse, Unecessary polonged Detention, 1

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Cases
DOA ANA COUNTY, NEW MEXICO SHERIFF CASES
DOA ANA SHERIFF Case #1 Alleged Abuse: ABUSE OF AUTHORITY, ILLEGAL ENTRY DATE AND TIME OF INCIDENT: JUNE, 2012 LOCATION 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 around two 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 it was the sheriff. I woke up as fast as I could and asked the Officer to go through the back door. I ran to the back yard to tie the dog, so that it wouldnt bite the officer, but it was too late because the dog jumped onto the officer. The officer asked me to get the dog or hell shoot him. I asked him not to do that, and then I grabbed the dog and placed him in a room. Then they told me that somebody had reported domestic violence happening at my house, I told them they were wrong, that we were sleeping, and then they asked me if they could go in. I didnt answer. They opened the door and entered to the house. They asked my wife and daughter if everything was okay, they replied yes, we were sleeping, and then they left to the house next to us, and stayed there for about 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 #2 Alleged Abuse: ABUSE OF AUTHORITY, ILLEGAL ENTRY, PROPOERTY DAMAGES DATE AND TIME OF INCIDENT: NOVEMBER 1rst (no year info) LOCATION OF INCIDENT: 9403 Polaris NAME OF PERSON ABUSED: C. L. On the 1rst of November the Sheriff came to my house to issue a Citizens Claim Procedure, County Clerk, Dona Ana County, and 845 N. Motel Boulevard, Las Cruces N.M. 88007. I wasnt home and they broke my rooms window, and came inside and flipped everything over. The notice was for tickets that I owed. But I dont think what they did was right and a couple of days before I had paid the tickets. Now I need to know what I can do to have them repair the damages made to my mobile home. I also want them to stop doing this to more people. DOA ANA SHERIFF Case #3 Alleged Abuse: ABUSE OF AUTHORITY, PSYCOLOGICAL ABUSE DATE AND TIME OF INCIDENT: APRIL 15, 2013 LOCATION OF INCIDENT: ANTHONY DRIVE NAME 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 I was missing money, somebody had stolen it from my purse. I thought it had been Tomas since nobody else had been in my car in those days. I called the cops and 15 minutes later an agent arrived, I called him, expecting him to help me recover my money. The cop talk to me and to T. , he spend too much time talking to T. , when he came back to talk to me, he asked me for my social security number. I was able to see and sense a dramatic change in his attitude; he became racist and threatens to take me to jail. He told me that if he wanted he could arrest me. He then started asking questions to my nine year old daughter about if she knew how much money I had in my purse. My daughter got scared and started crying. I passed the rest of the day feeling very stressed because 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 was really scared the cop could come back because he could separate from my daughter. DOA ANA SHERIFF Case # 4 Alleged abuse: MISCONDUCT; ACTING AS FEDERAL AGENT, ABUSE OF AUTHORITY DATE AND TIME OF INCIDENT: SEPTEMBER 29, 2012 LOCATION OF INCIDENT: TURQUOISE STREET NAME 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 me and 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, I insisted asking my son to translate for me, but the sheriff would ignore my son. When border patrol arrived, the agent asked me if I had documents, I answered that I had the right not to answer that question. He in a mocking way 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 been living here for 8 years. Then he told me he couldnt take my smallest son, because obviously due to the age he knew my son had been born here. He asked me to call someone to pick up my son, I called the only person that could help me at that moment, and I called Pastor W. H. When the pastor arrived the border patrol officer was already angry and told pastor W. that the sheriff officer shouldnt have called him, because they had nothing to do with traffic matters. He asked Pastor to take my son with a family member and that probably I was going to be released at 2:00 a.m. The border patrol officer asked me how and why had I crossed the border, he wanted to know if I had paid a smuggler or if I had crossed with fake documents, I answered no to both questions. I told him I 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 escape from 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 Main street where they kept me for a period of seven hours. Once there things took their normal course, everybody behaved and respected my rights, the only one acting in bad faith was the sheriff officer. DOA ANA SHERIFF Case # 5 Alleged Abuse: MISCONDUCT: ACTING AS FEDERAL AGENTS DATE AND TIME OF INCIDENT: 2011 LOCATION OF INCIDENT: AT THE SIDE OF THE RIVER NAME 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 and E. to go where they were. We did, then they asked us to show them identification, we gave them our drivers license. They asked us if we were here legally. We answered no and they called immigration. Immigration arrived there within two hours, they took us to El Paso, and it was around 11:00 in the morning that happened three years ago. Immigration Officers kept us at their office from 12- 7 p.m. Then they moved us to the El Paso County Jail, we were 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 #6 Alleged abuse: MISCONDUCT: ACTING AS FEDERAL AGENT, PROLONGED DETENTION DATE AND TIME OF INCIDENT: OCTOBER, 10, 2013 LOCATION 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. The Sheriff 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 have been here for two months and they keep prolonging my court date. DOA ANA SHERIFF Case # 7 Alleged Abuse: MISCONDUCT: ACTING AS A FEDERAL AGENT DATE 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 he had stopped me it was because I had suddenly hit the brakes and that he was very close behind me, after that he asked me for my documents; drivers license and registrati on. 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 that number was confidential, I also told him that that was not his job, he got very angry and called immigration agents, approximately 15 minutes later 3 agents driving two cars arrived to where I was and asked me if I was a U.S. Citizen, I answered no, then they asked me if I was a legal permanent resident, I said no and when they asked me if I was legally here, I told them that I was not going to answer that question, they told me that they would have to arrest me, I told them to go ahead and do their job, when I was getting arrested, the sheriff Page 12 of 21

approached me and told me that he was going to give me a warning because supposedly my cars plates could not be seen from 50 feet away, he also told me that a crane was coming to take my car. My godfather had already arrived to the scene and he didnt allow my godfather to take my car. The sheriff told me he was going to give me the cranes company number so that I could go ahead and authorize somebody to go pick up my car that I could call from Mexico or the detention center or wherever I was going to be. I was taken to the detention center in Las Cruces, they took my fingerprints, and they wanted to send me to the detention center in El 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 sent me to the office on San Antonio Street and my attorney Carlos Spector told me that they had given me the wrong address. I believe it is because they did not wanted me to show up and that way to lose my appointment and proceed with the arrest, but my attorney is already working on my case. DOA ANA SHERIFF Case # 8 Alleged Abuse: WRONFUL DETENTION, WRONFUL ARREST,ACTING AS FEDERAL AGENT DATE 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 driving and 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 their papers, first he asked my husband and then my nephew. They answered they did not had documents. The officer asked 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, they asked him if he had a visa laser and my nephew answered yes and that it was at his house in Mexico, they took his fingerprints 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 # 9 Alleged Abuse: MISCONDUCT, ACTING AS A FEDERAL AGENT E.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. I was driving by Highway 478, and he followed me for about two miles before he stopped me. He asked for my insurance, license, and vehicle registration; I did not have a license, so he proceeded to give me a ticket for not having one and another for speeding. He then asked for my mi legal status in the country when I told him I had no documents he told me to wait; he went to his car and brought some papers for me to sign. After I signed the papers he told me to wait, he told me that they would come for me soon. I waited for about an hour and a half until border patrol showed up. They picked me up and took me to Santa Teresa, where I was detained till seven in the morning of the next day. The immigration officer that arrested me was mad that the Sheriff called and made him drive all the way to where I was stopped. DOA ANA SHERIFF Case # 10 Alleged Abuse: WORNGFUL ARREST, ACTING AS A FEDERAL AGENT NAME 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 the railroad crossing lights. We got off to talk to the other driver, she said that we could make a deal with her in which she would give us $100 dollars and we wouldnt call the police. We agreed, and I, C. M. , took the car to the house 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 my brother was on drugs because he had red eyes. The officer asked for his documentation, but my brother told him he had none. The officer said that he would turn him over to immigration, and was angry because we ruined his day. 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 #1 Alleged Abuse: ABUSE OF AUTHORITY, PSYCHOLOGICAL ABUSE DATE AND TIME OF INCIDENT: NOVEMBER 27/2013 LOCATION OF INCIDENT: MCNUTT STREET NAME 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 three blocks, then he turned on the lights, he got off his car and asked me for my drivers license, car registration and insurance, all of these papers were under G. E. which is my sons name. After that he started to threaten me telling me that he had the power to send me to jail, I got very scared. It was long time ago since I hadnt been stopped by a police officer. Then he called the crane and they took my car. He kept threatening me about sending me to jail until my son arrived, but as days pass by I keep finding him on my way and he keeps threatening and harassing me. I am an old person and I feel very scared even to go to the store or to my doctors appointment. Please help me to do something to stop the constant harassment. LAS CRUCES LOCAL POLICE CASE #2 Alleged Abuse: WRONFUL ARREST, VERBAL AGRESSION DATE AND TIME OF INCIDENT: JULY 14, 2013 LOCATION OF INCIDENT: 2501 CAMINO REAL LAS CRUCES NAME 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 traffic light on Main Street; he had the blinker on to give a turn to the left. I was coming straight. When the traffic light changed from red to green, the police officer changed his mind and started following me, he followed me to the place where I live and then turned on the lights. He waited in his car for five minutes; he was waiting for more police officers to arrive to the place. Then he spoke to me through the microphone, asking me to throw the car keys through the window, to get out of the car and to put my hands on my head, and to start walking backwards towards him. When I get to where he was, he handcuffed me and ordered me to get into his car. At that moment I told 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 and handcuffed her as well, then it was the turn for my kids to get out of the car. My kids told me that the cops asked them many questions, and then they told me that the car matched the description of another car that had weapons 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 AGRESSION DATE AND TIME OF INCIDENT: FEBRUARY 20, 2013 LOCATION OF INCIDENT: MESILLA AND VALLEY STREET INTERSECTION NAME 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 I got 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 the street without documents, and I said yes why, and he asked me to get out of the car, and I asked why and he said get out of the car or Ill arrest you and I said why if I hadnt done anything wrong, and he said because youre grumbling and just because of that I can arrest you. Then I got out of the car and my children started crying, he asked me to shut up my kids, I didnt said anything but I motioned to my wife to shut up my kids, my wife turn her head to the back seat to talk to them and the officer started to mess with her, yelling to her if she was hiding something, my wife answered she wasnt hiding anything that she was just trying to calm the children. He asked her to 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 wait and grow desperate listening my children crying. I tried to hold my youngest son, then the officer grab me very strongly by the arm and pushed me violently against the car, he handcuffed me and I couldnt do anything, I was just waiting for immigration to arrive. I dont know what happened; I think the foul I committed was not so serious to be treated like that. I will never forget what we go through just because I got out a bit out of my lane. Luckily he didnt called immigration but it was a very sour moment for me because my kids, my wife and I came back home feeling very nervous and scared. Now I prefer for my wife to stay at home, and now I go to my job hitch hiking. I dont understand how some people feel with the right to humiliate others just because they are wearing a uniform.

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IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

ICE, CASE #1 Alleged Abuse: WRONGFUL ARREST, PSYCHOLOGICAL ABUSE, ABUSE OF AUTHORITY DATE 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 were barking, and I saw ICE officers all around my house. All of the agents were armed; they were looking for my brother A. 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 about my brother like his phone number and where he works. But I told them I didnt knew and that he would arrive at 3:00 p.m. then they asked me about my legal status, I told them I had my papers in process because my dad is a U.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 to take me, they handcuffed me and took me to their office at 505 S. Main in Las Cruces. They had me there for 3 to 4 hours, asking me about my brother. One of the officers told me that if my brother didnt show up I wouldnt be able to leave, the other officer told me to call my brother, until he showed up. They insisted telling me that if my brother didnt show up, I wouldnt leave. Then I fear for my kids safety because they were at school and I had nobody to pick 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, until he get there. My brother arrived half an hour later. Even when my brother arrived they kept investigating me, this time 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 and myself because he is a great economic and moral support in my life. I feel guilty because somehow I let the ICE agents violate my civil and constitutional rights. ICE, CASE # 2 NAME 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 daughter asked who it was, and they answered they were the police. Once inside they asked her how old she was, and asked that if they could speak to her parents. They didnt ask for our names in particular. I went out of my room and approached the ICE agents; they said if they could ask me some questions and I told them that they could ask 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 room and the agents quickly ran towards him. They said that he was the person they were looking for. When my daughter saw this she became very upset and went outside screaming and crying to her aunts house; I followed her in order to calm her down. When I was returning home a hooded agent told me that if any of the neighbors got close he would take them into custody, and I told him that my daughter just went to alert her cousins and that they were living legally in the country. When I got home they had already handcuffed my husband and were getting him inside the vehicle. The officer asked me if I was illegal, to which I answered nothing. He then told me to take my sons to school, and that I would need to be present at the Immigration offices in Las Cruses for further questioning. ICE, CASE #3 Alleged abuse: WRONGFUL DETENTION, PHYSICAL ABUSE, ABUSE OF AUTHORITY, INNAPROPRIATE TOUCHING BY AGENT NAME 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. It was 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 boss left 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, all three of us headed over there. I sat in the passengers seat so I could use the GPS on my phone and tell Maria how to get to our destination. When we got there, we didnt know the place so we were looking for Heriberto and Page 15 of 21

Carlos for a while till we finally found them on the other side of the freeway and they rushed to the van. On our way home was when we got stopped by Immigration officers. It was raining, but they still asked all five of us get out of the van to interrogate us. The officers asked Karla if she had papers to which she replied she had a Visa that allowed her to work and study in the U.S., but one of the offices told her We are not asking for that, we are asking for 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 officers wanted 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 our intimate parts; all three of us women felt very uncomfortable during that process. That wasnt it, Maria was handcuffed so tight that her shoulders hurt and Heriberto had had his shoulder dislocated while being apprehended. 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 close to the Santa Teresa Bridge where he had been working but was now sitting out in the rain. After we had gotten to the place Heriberto had directed us, my mother turned on the emergency lights and we waited for Heriberto and Carlos who was also working with him. When they finally saw us they crossed the road to get to the van, and as we were heading home we saw an Immigration vehicle turn its sirens on and pulled us over. Two officers shined their lamps on us and said something along the lines of there are three and yes its them. Then two officers approached my mother, Maria, and asked her if she was an American Citizen, to which her answer was no; when questioned further about her nationality she told then she was from Mexico. After that the agents asked us all to get 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 up because it was already too late. One of them asked me if I was an American Citizen, and I told him that I was not but that I had a Visa that allowed me to work and study legally in the country; he told me that that was not was he was asking me. When they handcuffed Heriberto they were so abrupt that they broke his right shoulder, and Maria was handcuffed so hard that her shoulders were hurting for four days after the incident. They then placed us all in the patrol vehicles and took us to the station; there they separated all of us. A female officer proceeded to search my mother, Maria, and I. She was being really aggressive when searching us, she was even checking my vagina and squeezing my breasts; it was really uncomfortable and we both felt molested. After that an officer questioned me about my permit and said he was not aware of such a permit. I explained to him that it allowed me to work and study in the country and that I had a social security number because of that. Then another officer mocked me and 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 friend Mary 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 to pick him up from where he was working and take him home. I pulled over by the vehicle importation area of Santa Teresa and turned on my emergency lights because of the rain. After a while Heriberto and Carlos, who was also working with him, found us and got on the vehicle; we then headed home. Then I saw an immigration vehicle close in and turn on its sirens, I was very afraid and stopped my car. A total of 8 trucks and 2 motorcycles surrounded us. They for my immigration status, and when I answered that I was not living legally here and that I was from Mexico, he told me I was in big trouble. After that they took us all outside and apprehended us, they handcuffed me really hard and my shoulders were hurting; I told one of them that I was really hurting and one of the officers told me that they were going to handcuffed me with my hands of front, I had been handcuffed with my hands behind my back, I told him that that was ok. They dislocated Heribertos right clavicle, and Mary, my daughters 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 had nothing to hide and told her that I worked two days out of the week, and that my husband had given me $150. But she continued to harass me and said she didnt believe me until she finally asked for the phone and address of where I worked, I gave it to her. Another thing is that the agents did not respect the fact that my daughters permit; she can legally work and study in the U.S. but they kept laughing at her saying they didnt know what that type of permit was and belittled the permit once they were aware of what it was. My son Heriberto has been in the Detention Center for close to two months now with no medical attention for his arm, and he continues to be harassed and threatened in to signing his Voluntary. Page 16 of 21

CUSTOMS AND BORDER PATROL AGENTS (CBP)

CBP CASE #1 Alleged abuse: ABUSE, WRONGFUL SEARCH DATE AND TIME OF INCIDENT: 8/7/2013 approx. 11:30 p.m. approx NAME 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 me inside for inspection, on the second inspection they started searching my clothes, and they pull down my jeans and took out my boots. They had me there for a long time. (45 minutes approx.) Then they let me go, they just told me to get my stuff that I could leave. CBP CASE # 2 Alleged Abuse: VERBAL ABUSE, ABUSE OF AUTHORITY DATE AND TIME OF INCIDENT: DECEMBER 1, 2012 LOCATION OF INCIDENT: ZARAGOZA INTERNATIONAL BRIDGE NAME 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 I belong, to please cross my children in her car, and she agreed. I crossed in my van with my mom, my brother, and my sister in law and my nephews. I crossed first. When it was the turn of the sister, she showed her residency card to the 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 asked her where the mom was, she told me that she doesnt remember what she told him, but that the agent understood that I was a U.S. Citizen and asked her again and Norma answered that I had a visa laser, the agent started to yell at her that she was a liar and she answered that she had never said that I was a U.S. Citizen, the agent kept yelling at her. The agent told them to get out of the car, and they were sent inside the building for revision, they were separated, they put my children in a small room. A woman approached to them telling what supposedly Norma had already confessed and then did the same with Norma, telling her that my children had already 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 the agents 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 a gas 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 for one of my children. They were so scared that all they wanted to do was to leave that place. Finally another agent approached Norma to tell her that everything was okay since she has a green card and the children are U.S. Citizens. CBP CASE #3 Alleged abuse: ABUSE OF AUTHORITY DATE AND TIME OF INCIDENT: N/A LOCATION OF INCIDENT: SANTA FE INTERNATIONAL BRIDGE NAME OF PERSON ABUSED: G. Z. H. My name is Graciela. This is my real story I 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 let them know that I was planning to travel to Mexico, that I wanted to know what I could do to come back since I had lost my residence card. They extended a permit for me and they told me that I was able to travel with that document 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 of my documents and I was told it was okay to present this permit until I could get my residence card by mail. He said this means nothing for me I replied, it may not mean anything for you but it does means something for me because this is like my passport, and he said, I am not letting you cross until you go to the office and bring me a yellow 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 didnt understand why I was not able to come back, anyways he gave me the yellow paper and told me not to get in line 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 I turned 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 with this Country, there are so many things that I am grateful for and one of them is the wonderful husband I have whom 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 was feeling very angry. It is not fear that they humiliate us in this way, because we are all humans and it seems like they dont know what humanity means. CBP PORTS OF ENTRY EL PASO LOCAL POLICE CASE #2 Alleged abuse: ACTING AS FEDERAL AGENTS, WRONFUL ARREST, EXCESSIVE FORCE DATE AND TIME OF INCIDENT: SEPTEMBER, 2011 LOCATION OF INCIDENT: PIEDRAS AND PAISANO INTERSECTION, EL PASO NAME 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 Piedras 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 of gasoline, suddenly a unit belonging to the El Paso Police with two officers inside arrived to the place. I got very nervous. The two officers got down their car and approached me to ask me what was going on. I got even more nervous 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 me to give them identification; I told them I did not have one with me at that moment. Then they asked me to give them my name, last name and date of birth so they could run it through the system and check if I did not owe traffic 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 legalization process 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 they shouldnt have done that, that they were not immigration officers, they told me that immigration was arriving because a lot of years ago I had been deported and arrested for illegal re- entry. At that moment in a very violent way 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 I was 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 telling them that I had to go home to take care of my kids because my wife was working, they never care. When we got to the police station one of the officers called my wife to let her know that I had been arrested and without her asking why, the officers started explaining her about the bleeding and lesions I had suffered. The officer told her that I had become very violent when they were trying to arrest me, my wife told him that that was very strange because that was not the way I would have reacted. My wife contracted the services of two attorneys, they never helped me. I spend one month in jail and five more at the immigration detention center. I grew desperate because my wife had no more money. I decided to sign my deportation. Ive been living at Juarez since two years ago, 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 CBP Customs and Border Patrol

2- Tearing Visas- Abuse of Authority 4 Unnecessary Prolonged Detention 6- Abuse of Authority 1-Misconduct from Agent Inappropriate touching

TEXAS LOCAL AND STATE POLICE CASES

EL PASO LOCAL POLICE CASE #1 Alleged Abuse: WRONGFUL DETENTION, RACIAL PROFILE DATE 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 at the 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 told to get into the police patrol. The officer continued searching my body for tattoos and since he couldnt find anything, 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 #2 Alleged abuse: ACTING AS FEDERAL AGENTS, WRONFUL ARREST, EXCESSIVE FORCE DATE AND TIME OF INCIDENT: SEPTEMBER, 2011 LOCATION OF INCIDENT: PIEDRAS AND PAISANO INTERSECTION, EL PASO NAME OF PERSON ABUSED: A. L. On September 2011, I Alejandro, was driving on Piedras Street, I was heading home. When I hit the intersection of Piedras 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 of gasoline, suddenly a unit belonging to the El Paso Police with two officers inside arrived to the place. I got very nervous. The two officers got down their car and approached me to ask me what was going on. I got even more nervous 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 me to give them identification; I told them I did not have one with me at that moment. Then they asked me to give them my name, last name and date of birth so they could run it through the system and check if I did not owe traffic 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 legalization process 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 they shouldnt have done that, that they were not immigration officers, they told me that immigration was arriving because a lot of years ago I had been deported and arrested for illegal re- entry. At that moment in a very violent way 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 I was 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 telling them that I had to go home to take care of my kids because my wife was working, they never care. When we got to the police station one of the officers called my wife to let her know that I had been arrested and without her asking why, the officers started explaining her about the bleeding and lesions I had suffered. The officer told her that I had become very violent when they were trying to arrest me, my wife told him that that was very strange because that was not the way I would have reacted. My wife contracted the services of two attorneys, they never helped me. I spend one month in jail and five more at the immigration detention center. I grew desperate because my wife had no more money. I decided to sign my deportation. Ive been living at Juarez since two years ago, 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 #3 DATE AND TIME OF INCIDENT: 9/19/2013 AT 3:00 P.M. LOCATION OF INCIDENT: ALAMEDA AND FRESAS STREET NAME 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 had stopped 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 stopped them; 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 afraid to 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 get out 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 papers and she says yes and shows them to him, the agent checked her documents and tells her that she can leave. My friend 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 the story it is now around 6:00 p.m. and she receives a call and is Francisco, he told her they had taken him to their offices 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 on the phone, but my friend tells me that is not true, because she had both cell phones inside her purse. Mr. Francisco remains in jail for a month and a half, and then is sent to the annex where he stays there for another month and tells her wife he is going to be sent now to immigration. My friend goes to Juarez to wait for him, but when Francisco is released around 2 a.m. in the morning, they release him through the international bridge on El Paso Street, but my friend tells me that he was taken right from the jail to the bridge, and that it was not immigration agents, and that he never went to the detention center. I am not sure as to what happened next because right now they live in Camargo Chihuahua. My friend decided to leave the USA even though she is a legal permanent resident; she wanted to be with her husband because he was deported for ten years. STATE TROOPER TEXAS CASE #4 Alleged Abuse: ACTING AS FEDERAL AGENT, WRONGFUL DETENTION DATE AND TIME OF INCIDENT: JANUARY 4, 2008 LOCATION OF INCIDENT: PELLICANO STREET NAME 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 a quarter mile away from my job, when I noticed a state trooper two cars behind me. I was sensing the officer had the intention to stop me because of the way he was driving; he was driving outside his lane, so that I could be able to see him through the mirror. Some minutes later he turned on the lights and I got off the road. I thought he had stopped me because of the cars Mexican plates, but he told me he stopped me because I was driving out of my lane. I told him that it was very dark and that I could barely see the line because it was faded. He also added that he stopped me because he thought the plates were overdue since they had the inscription c8. He asked me for my drivers license, I didnt had one, but I gave him my Texas identification which was as well overdue, I also show him the cars insurance. He asked me if I had other identification and I showed him my matricula consular. The agent asked both of us to get off the car, he asked me how long had I been living here in El Paso, I answered 15 days. He told me he was going to call people from CBP to ask how long had the car been here. The cars owner is my wife, so the car had been here longer than that. Then the agent told me he was going to call immigration. The immigration 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 being made he was going to have to take me.

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OTERO COUNTY DETENTION FACILITY

SECURITY GUARD OTERO COUNTY DETENTION CENTER CASE #1 Alleged Abuse: ABUSE OF AUTHORITY, PHYSICAL ABUSE, UNECESSARY POLONGED DETENTION DATE AND TIME OF INCIDENT: BETWEEN FEBRUARY AND MARCH 2010 LOCATION OF INCIDENT: OTERO COUNTY DETENTION CENTER NAME OF PERSON ABUSED: L. Between February and March 2010, I was detained at the Otero County Detention Center at Chaparral, New Mexico. It was my first time there; I didnt know how system worked. One day I saw how detainees were selling drugs (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 for help, they opened the door but didnt let me explain what was happening, they began pushing me and threw me to the floor. I wanted to explain that I needed help, but they were just making fun of me. A female security guard insulted me, because she said I had broken her nail and she gave me a kick in the head, after that they took me to the nursery, where they gave me something and I fell unconscious, when I woke up, I was already in a punishment cell. I dont know how long I had been there, I just listened to the guards making fun of me and laughing, saying poor 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 the Dona Ana County Detention, there in that jail, they found out I was not mentally healthy and sent me to see a psychologist to be examined. My family was never notified that I had to go to the nursery because I had been beaten; they were also not notified about me being in a punishment cell. My family had tried to visit me at Otero buy they didnt gave them any information about my situation. They were able to visit me at the Dona Ana County Detention Center that is where they were able to see my punches and they find out that I couldnt remember them very well and that I would talk about things incoherently. After the beating, no attorney visited me, when I had court at Dona Ana, the judge told me that my release had been two months ago, he asked me if I knew why I was still detained. But nobody ever notified anything to me. The judge ordered automatic departure. Later I find out that being detained more time than specified can be a problem for the detention center. I did nothing because I didnt know what to do.

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