Customs and Border Protection (CBP) closed the San Ysidro Port of Entry, one of the world's busiest international crossings, to vehicle and pedestrian traffic for several hours on Sunday afternoon after a protest by migrants on the Mexican side of the border. After some migrants reportedly rushed toward the border area, US Border Patrol agents fired tear gas at the group. Video and photos of families and young children running from the tear gas sparked international outrage by immigration advocates and politicians. Citing migrants throwing “projectiles” at agents, CBP says on Twitter: "Border Patrol agents deployed tear gas to dispel the group because of the risk to agents' safety."
Read moreCNN: “US authorities fire tear gas to disperse migrants at border”
Univision: “In Trump era, immigration lawyers recommend everyone carry ID, no matter your status”
After a Border Patrol agent questioned two US citizens in Montana because they were speaking Spanish, legal experts are now recommending that naturalized citizens, legal permanent residents, and undocumented individuals carry identification with them in the event that it is requested by authorities. While the women were able to demonstrate to the officer that they were US citizens and were not arrested, many immigration advocates found the encounter disturbing. Jaime Barrón, an immigration attorney in Dallas, Texas, says that “simply speaking in another language cannot be an illegal act, that could be discrimination.”
Read morePeople Are Dying
NBC News: “Homeland Security Cancels Massive Roundups of Undocumented Immigrants”
In response to reports of a nationwide immigration raid that was scheduled to target approximately 8,400 undocumented immigrants later this month, US Immigration and Customs Enforcement (ICE) issued a statementlast Thursday saying that there are no nationwide enforcement actions planned at this time, as all upcoming operations have been reviewed and “adjusted accordingly” given the impact of the recent hurricanes in Texas and Florida . In this statement, ICE spokeswoman Sarah Rodriguez stated there is no nationwide operation planned at this time because “the priority in the affected areas should remain focused on life-saving and life-sustaining activities.” While the statement released by ICE officials was an attempt to encourage undocumented immigrants in the affected areas to seek help, many undocumented foreign nationals still fear that the devastating effects of Hurricane Irma and Hurricane Harvey will still not stop immigration officials from enforcing policies.
Read moreNew York Times: “10 Shots Across the Border”
The death of a Mexican teenager four years ago in Nogales, Mexico and its aftermath has again led to serious questions about the agency’s use of excessive force as well as corruption within Customs and Border Protection’s (CBP) Border Patrol. In 2012, when Nogales police and the Border Patrol were alerted to two drug smugglers at the border wall that splits Nogales, one Border Patrol officer, Lonnie Ray Swartz, who claimed that rocks were being thrown at the officers, opened fire. He shot sixteen-year-old José Antonio Elena Rodríguez on the Mexican side of the border. Rodriguez’s death was, in the words of James F. Tomsheck, who at the time led CBP’s Office of Internal Affairs, the “most egregious’’ of any excessive-force cases he’d seen at the agency, telling the New York Times that he felt ‘‘angry and sickened. Even if he had been throwing rocks previously—it’s conceivable, but there’s no evidence. But this was evidence of a Border Patrol agent shooting an unarmed boy.’’ By not charging the agent, Tomsheck said, the message would be that it’s “open season at the border.’’
Tomsheck, who has since left the agency, has been a severe critic of CBP’s handling of violence and abuse claims as well as CBP leadership, which he said had ‘‘a well-established history of intentional misinformation. Having sat through these meetings for years, after every one of these shootings, there’s an effort to spin and distort facts and obscure a clear understanding of what actually occurred.’’ In his position in Internal Affairs at the agency, he claimed that he held little actual power to investigate and remedy the misconduct claims. “We had a mandate to hold the Border Patrol accountable but were given very few to no authorities to do that job,’’ he told the New York Times. ‘‘From Day 1, they aggressively resisted every effort.’’
In the past years, CPB has been accused of many instances of excessive force and abuse, including the shooting death of a Mexican man who was at a park with his family when a Border Patrol boat opened fire on a crowd of people, as well as other instances. A 2013 investigation by the Arizona Republic found that since 2005, CBP agents had killed forty-two people, and few had faced any repercussions even when the justification for the shooting was in doubt. While on average one CBP officer was arrested every day between 2005 and 2012—144 of them for corruption-level offenses—historically, Border Patrol agents have been rarely disciplined for misconduct allegations. In the case of Rodríguez, the officer who killed him was indicted three years after the teenager’s death, and only after the family’s civil lawsuit against the officer brought the case to public attention.
One possible reason for the increase in misconduct cases over the years has been the dramatic surge in the number of border agents after September 11, along with the militarization of the agency. The number of Border Patrol agents doubled from 11,000 to 22,000, during President Bush’s second term, and the border patrol received such military hardware as drones, assault rifles, and Black Hawk helicopters. This arguably resulted in inexperienced agents with excessive firepower and a military-like mindset who often escalated tense situations.
In their defense, CBP agency leaders have said that critics don’t understand the threats Border Patrol agents face, and that it’s easy for those to judge who don’t “wear green,” a reference to the border patrol uniforms. With dangerous drug cartels operating on the border, agents must be vigilant in the threat of extreme violence. "Anything that is out there can be used against our agents," Hector Garza, spokesman for the Laredo local of the border agents union, told the Los Angeles Times. "Mesquite wood, firearms, rocks, you name it." The National Border Patrol Council, which exclusively represents approximately 18,000 Border Patrol Agents and support personnel, claims that despite being one of the largest law enforcement agencies in the US, Border Patrol agents “use lethal force seven times less than the average law enforcement officer nationwide. The facts don't lie, we stand by our agents and the truth.”