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SAN DIEGO – The American Civil Liberties Union today demanded a federal investigation into allegations of rampant abuse of individuals, including U.S. citizens and legal residents, by Customs and Border Protection agents at ports of entry along the U.S.-Mexico border.

In a complaint filed today with the Department of Homeland Security, the ACLU and its border affiliates in San Diego, Calif., Arizona, New Mexico and Texas document 11 instances in which Customs and Border Protection (CBP) agents disregard the civil and human rights of individuals crossing the border in apparent violation of the U.S. Constitution, international law and agency guidelines. Most of the individuals complaining of abuse are U.S. citizens or are lawfully residing or visiting the U.S.

“There is simply no justification for the kind of needless abuse CBP officers inflict on many travelers,” said Sean Riordan, staff attorney for the ACLU of San Diego and Imperial Counties. “Far too many travelers are told by CBP officers that they have no rights. But the government must comply with basic and constitutional rights even when it is policing the border. It is unacceptable that CBP has not established sufficient oversight and accountability mechanisms to prevent officers from physically assaulting, detaining and psychologically abusing travelers.”

The ACLU’s complaint includes evidence of excessive force; unwarranted, invasive and humiliating personal searches; unjustified and repeated detentions based on misidentification; and use of coercion to force individuals to surrender their legal rights, citizenship documents and property.

In one example, Hernan Cuevas, a Chilean businessman who was attempting to enter the U.S. with a valid visa, was strip-searched and chained to a metal bench for three hours without explanation. One CBP officer told him, “This is my country now and when you are here, you listen to me. I don’t like your kind that takes our jobs and uses our system…”

“I could not believe I was in the U.S. I was completely perplexed,” said Cuevas. “The incident was so bizarre that it was a perfect fit for a ‘banana republic,’ a corrupt place without democracy.”

Many of the testimonies collected by the ACLU include CBP agents physically attacking women and men, some of whom were handcuffed at the time. Testimonies include unnecessary and invasive searches, which left some affected individuals feeling as though they had been sexually assaulted.

The conduct of CBP officers at or near the points of entry along the U.S. border has come under scrutiny in recent years after two high-profile deaths. In May 2010, Anastasio Hernandez-Rojas, a 42-year-old construction worker and father of five, died after being beaten and then tased by a group of up to 20 CBP officers at the San Ysidro Port of Entry near San Diego. And in June 2010, Sergio Adrían Hernández Güereca, a 15-year-old boy, was fatally shot by a CBP officer after reportedly throwing rocks at officers near the El Paso Port of Entry. The Department of Justice last month announced it would not pursue criminal charges against the officer involved.

Despite there being fewer border apprehensions in 2011 than in any year since 1971, and despite border apprehensions dropping by 80 percent since 2000, the number of border patrol agents has more than doubled since 2004.

“There is an urgent need for CBP to be subjected to increased oversight and accountability in an effort to curb the abuses that are occurring regularly along the border,” said Judy Robinovitz, deputy director of the ACLU Immigrants’ Rights Project. “CBP officers are not exempt from adhering to basic constitutional requirements.”

The ACLU’s complaint calls for an investigation of each of the individual allegations of abuse, and calls for the Department of Homeland Security’s Inspector General to undertake a comprehensive investigation of ports of entry complaints and implement institutional changes in training, oversight and accountability that are necessary to prevent further abuses.

A copy of the ACLU complaint is available online at:
www.aclu.org/immigrants-rights/customs-and-border-protection-complaint

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The ACLU of New Mexico Regional Center for Border Rights and the Southern Border Communities Coalition has worked to shed light on Border Patrol brutality and rights abuses—including the eight men and boys agents have shot and killed over the past two years. On April 20, we shocked the nation with the exposé “Crossing the Line,” which aired on the PBS show Need to  Know.

Watch Crossing the line at the border on PBS. See more from Need To Know. WARNING: Watching this video will take you to an outside website with a privacy policy that differs from ACLU of New Mexico. A copy of PBS’s privacy policy can be read here.

TAKE ACTION

SIGN THE PETITION: Demand Respect for Life from the U.S. Border Patrol.

In partnership with the Investigative Fund of the Nation Institute, Need to Know investigates whether U.S. border agents have been using excessive force in an effort to curb illegal immigration. Eight people have been killed along the border in the past two years. One man died a short time after being beaten and tased, an event recorded by two eyewitnesses whose video is the centerpiece of the report. Both eyewitnesses say the man offered little or no resistance. One told Need to Know that she felt like she watched someone being “murdered,” and the San Diego coroner’s office classified the death as a “homicide.”

The report raises questions about accountability. Because border agents are part of the Department of Homeland Security, they are not subjected to the same public scrutiny as police officers who use their weapons. It also questions whether, in the rush to secure the border, agents are being adequately trained. And it raises the question: why aren’t these cases being prosecuted?

Watch the full segment on Friday, April 20 at 8:00 pm MST on KNME Channel 5.

Overview

The American Civil Liberties Union of New Mexico Foundation (ACLU-NM) seeks a full-time Policy Advocate to join the staff of the Regional Center for Border Rights (RCBR) in Las Cruces, NM. The RCBR primarily addresses civil and human rights violations that stem from immigration policies in the border region. It also supports the ACLU-NM’s broader mission of defending general civil liberties, from free speech, to religious liberty, to equality for same-sex couples, among many other issues.

The Policy Advocate’s primary responsibility is to develop and implement advocacy strategies to improve border enforcement policies and practices. The position also supports the ACLU-NM’s broader civil liberties mission. The Policy Advocate’s work involves data gathering and research; forming alliances with strategic partners; mobilizing constituent support; lobbying government officials and legislative bodies; and representing the ACLU‐NM in public forums.

Founded in 1962, the ACLU-NM is a not-for-profit, nonpartisan organization which uses legal, legislative and public education approaches to protect and promote individual rights and freedoms, including free speech, racial justice, privacy, religious liberty, reproductive rights, LGBT rights, and more. The ACLU-NM is an affiliate of the national ACLU, the leading defender of civil liberties guaranteed by our nation’s Bill of Rights. The ACLU-NM has offices in Albuquerque and Las Cruces and a staff of 14 people. It has 5,000 members across the state and an annual budget of $1.3 million.

The Policy Advocate works under the supervision of the Director of the Regional Center for Border Rights and in close collaboration with the ACLU-NM’s legal, development, policy advocacy and communications staff.

Responsibilities

• Develop and implement advocacy strategies to effect change by local, state and federal policymakers on immigration and border enforcement and other civil liberties issues.  This includes representing the RCBR in direct conversations with policymakers, such as state legislators, Congressional delegates, White House staff, etc.
• Monitor border enforcement developments that have potential consequences for civil liberties. This includes policy research and analysis designed to promote change in administrative agencies and local policymaking.
• Monitor conditions of confinement in immigrant detention facilities and ensure due process for immigrant detainees.
• Collaborate with other ACLU-NM staff and other ACLU offices to protect and advance civil liberties. This includes responding to requests for information and assistance from ACLU affiliates and national offices on immigration and border-related policy.
• Monitor and analyze local, state, and federal legislation, regulations, and other policies related to the civil rights of border and immigrant communities.
• Research, write and edit policy and advocacy materials, including public policy reports, issue briefs, letters, press statements, opinion editorials, action alerts, and talking points related to ACLU’s policy work.
• Assist in ongoing outreach activities to monitor civil and human rights in communities in southern New Mexico, including support of the legal team’s litigation efforts, drafting public records requests and analyzing responses.
• Build and nurture effective multi-organizational coalitions and alliances on priority issues and campaigns; this may include work to build grassroots capacity in support of legislative and policy priorities.
• Community outreach and public speaking, including representing ACLU positions to policy- and lawmaking bodies, the media, and the general public.
• Perform work on other projects as needed.

Qualifications

• Demonstrated commitment to the ACLU mission and principles of the ACLU and a broad range of civil liberties and civil rights issues, particularly individual liberties, racial justice, criminal justice, and immigration.
• A Bachelor’s degree; a JD, social work or other advanced degree is preferred but not required.
• At least 3 years of relevant work experience in political, policy, legal, or government settings. Experience with constitutional issues, immigration detention, legislation and community outreach is preferred.
• Ability to keep organized in a fast-paced environment, to manage several projects simultaneously, and to adjust to frequently changing demands.
• Demonstrated commitment to work in diverse communities; bilingual Spanish/English required.
• Excellent research and analytic skills.
• Excellent interpersonal and communication skills including the ability to write and speak persuasively to diverse audiences, including lawyers, advocates, funders, and opinion leaders.
• Ability to analyze and articulate legal concepts and other complex issues and to communicate them to the public; a “quick study” on a dynamic array of issues.
• A commitment to diversity; a personal approach that values the individual and respects differences of race, ethnicity, age, gender, sexual orientation, religion, ability and socioeconomic circumstance.
• Creative, result-oriented, self-starting, and willing to learn.
• A team player that inspires collaboration and functions decisively; flexible and well organized.
• Emotionally mature and self‐confident, with a sense of humor in order to maintain balance and perspective.
• Proficiency in Microsoft PowerPoint, Excel, Word, and Outlook, and ability to prepare graphic presentations and conduct internet research.
• Able to work evenings and weekends and travel when necessary.

Compensation and Benefits

Salary based on experience. Excellent benefits include paid vacation, medical and dental insurance, 401k plan, life and long‐term disability insurance, and generous paid holidays.

To Apply

Please send a letter of interest (with salary requirements), resume, and three references by email to HR@aclu-nm.org  Please indicate in your letter of interest where you learned of this career opportunity.  Applications will be accepted until the position is filled but preference will be given to applications received by March 24, 2012.

The ACLU-NM is an equal opportunity/affirmative action employer and encourages applications from all qualified individuals including women, people of color, persons with disabilities, and lesbian, gay, bisexual, and transgender individuals.

FOR IMMEDIATE RELEASE

December 7, 2011

EL PASO, TX – Nicolás, 57, lived and worked for several years in the United States, where he emigrated to make a better life for his family. This year, he made the decision to return to Mexico to reunite with his family, but Border Patrol agents apprehended him in the “Los Paisanos” bus station, a private transportation company in El Paso, Texas. His bus was destined for Ciudad Juarez, Mexico, when border patrol agents boarded the bus and began asking passengers for “their papers.”

Even though Nicolás told the officials that he was on the way back to Mexico, the agents removed him from the bus and placed him in deportation proceedings. The agents also confiscated four boxes and a suitcase that held Nicolás’s clothing, personal belongings, and trade tools he had purchased over the years. Two days later, he was able to recuperate the boxes with the help of the Centro de Derechos Humanos del Migrante, A.C. (CDHM) and the Humane Repatriation Program. However, the suitcase is still unaccounted for and no one has taken responsibility for its disappearance.

“Unfortunately Nicolás’s experience is not unique; thousands of individuals who have been apprehended by immigration officials in the United States lose personal belongings when detained,” notes Lizeth Martinez, lawyer of CDHM in Ciudad Juarez. “These are hardworking, honest individuals who are being deported without their government-issued identifications, cash or bank debit cards, which makes it harder for them to find steady work in Mexico or even to pay for food and shelter while they figure out how to put their lives back together.”

Not having identification also makes it difficult for these individuals to prove their identity at interior checkpoints when attempting to return to their original hometowns in different parts of Mexico, creating a great deal of uncertainty and making them vulnerable to exploitation by local authorities or criminal elements while on their voyage.

A Survey on Migration on the Northern Mexican Border, conducted by the Colegio de la Frontera Norte (COLEF), showed that the failure to return personal belongings to deported persons increased by 400 percent between 2007 and 2010, from 6,650 to 34,820 individuals. In the last four months, CDHM has restored personal belongings to 37 individuals were deported to Ciudad Juarez.

Border Patrol agents issue a 30-day notice to detainees prior to the destruction of seized property. But if immigration officials hold an individual in a long-term detention facility or detainees face charges of illegal entry or illegal reentry, they may be unable to respond within 30 days and their personal property is destroyed. Also if the person has not been adequately informed about the 30-day limit, attempts to regain his or her possessions even one day late, results in lost belongings.

Nicolás’s experience is also a disturbing example of Customs and Border Patrol’s questionable practice of boarding buses and trains in the interior of the United States and demanding “papers” from passengers. A recent report published by the New York Civil Liberties Union and other NY immigrant advocacy groups showed that between 2006 and 2009, most of the 2,743 people apprehended by CPB during sweeps of public transportation in New York bus and train stations were of Latino/Hispanic descent or people of color[1].

“Border Patrol agents in the United States should not be asking for papers from bus passengers who are traveling within the United States and much less asking for these papers from individuals who are leaving the country,” notes Vicki B. Gaubeca, director of the ACLU of New Mexico Regional Center for Border Rights. “The NYCLU report illustrates how border patrol agents may use racial profiling when asking passengers for their documents. This practice needs to stop.”

“In addition, Border Patrol has the responsibility to return personal belongings to individuals prior to their deportation,” added Ms. Gaubeca. “Not returning an individual’s belongings contradicts the American core values of justice and due process.”

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Contact:

Vicki Gaubeca, Tel. (575) 527 0664 or (575) 373-5789.

Director, Regional Center for Border Rights.

American Civil Liberties Union of New Mexico.