By The Florence Immigrant & Refugee Rights Project, September 2024

This report is authored by the Florence Immigrant & Refugee Rights Project (Florence Project) a 501(c)(3) non-profit organization that was founded in 1989 and provides free legal and social services to adults and unaccompanied children facing immigration removal in Arizona. In 2023, the Florence Project served 17,514 unaccompanied immigrant children detained in federal facilities referred to as shelters in Arizona. This report summarizes 314 complaints made by unaccompanied immigrant children ages 5 to 17 in the span of 15 months about conditions they experienced while in U.S. Border Patrol custody, a subagency of U.S. Customs and Border Protection (CBP). Children reported experiencing a broad range of abuse and mistreatment, including verbal and physical abuse, hunger, a lack of hygiene products and lack of access to medical care. The report makes concerning findings, including a continuation of severe verbal and physical abuse of children. Nearly 4 in 10 children in this report experienced verbal abuse and 1 in 10 experienced physical abuse. Children reported they were subjected to vile language, derogatory names, and threatened with deportation or jail. Children also reported being pushed, kicked, and punched, and that some agents brandished weapons to instill fear. U.S. law defines unaccompanied immigrant children as persons under 18 who lack lawful immigration status and who do not have a parent or legal guardian in the U.S. available to provide care and physical custody.ii In our decades of experience, unaccompanied immigrant children leave their homes and travel to the U.S. for a variety of reasons, including to seek protection from gang or government warfare, violence within their own home, extreme poverty, and/or to reunify with family. Unaccompanied children are generally apprehended by CBP near the U.S.-Mexico border. In 2002, Congress charged the U.S. Department of Human Services’ (HHS) Office of Refugee Resettlement (ORR) with the care and custody of unaccompanied immigrant children in order to comply the Flores Settlement Agreement (FSA).iii The FSA requires that unaccompanied children not be placed in adult detention centers and instead must be held in the less restrictive ORR shelters with a prompt process to be placed in the least restrictive setting through reunification with sponsors. In 2008, Congress expanded and codified the rights, including that CBP “shall transfer” an unaccompanied immigrant child to ORR custody “no later than 72 hours” after identifying them.iv Congress understood that CBP, a law enforcement agency, is not equipped to care for children. The Florence Project has long been alarmed by reports of abuse and mistreatment while in Border Patrol custody. We have assisted children in filing hundreds of individual complaints and authored three prior extensive reports in 2009, 2014, and 2022. vi Despite hundreds of complaints about this abuse, the agencies charged with  oversight of CBP have failed to make meaningful change and to stop the ongoing abuse.

Tucson, AZ:  Florence Immigrant & Refugee Rights Project.,  2024. 13p. 

By Stephanie Leutert

For the past 25 years, the Border Patrol has tracked migrant deaths along the US-Mexico border. For nearly the same amount of time, it has also faced criticisms that it failed to capture the true number of migrant deaths in its tally. This article focuses on these undercounting criticisms and asks two questions: (1) How many documented migrant death cases are left out of Border Patrol’s official data? And (2) what factors lead to the Border Patrol’s migrant death undercounting? In particular, the article focuses on three South Texas counties: Brooks County, Kenedy County, and Maverick County. To answer the research questions, this article relies on comparative data analysis. In particular, it compares two person-level datasets: the Border Patrol’s dataset on migrant deaths from 2009 to 2017 and county-level records from the Brooks County Sheriff’s Office, the Kenedy County Sheriff’s Office, and Maverick County Justices of the Peace over the same period. It then attempts to match each county-level record to a recorded death in the Border Patrol’s dataset. Using this process, the article quantifies migrant death undercounting in South Texas, highlights geographic and temporal trends, and tracks the uncounted cases’ specific characteristics. From 2009 to 2017, this comparative data analysis confirmed that the Border Patrol was undercounting migrant deaths across the three South Texas counties. Specifically, the article finds that the Border Patrol failed to include 139 cases, which totaled 19 percent of the counties’ 749 recorded migrant deaths during the study period. This undercounting ranged from 16 percent in Brooks County to 24 percent in Maverick County and 29 percent in Kenedy County, with fluctuating rates over time. The uncounted cases also had specific characteristics. In particular, they were more likely to be skeletal remains, lack an identification, and be discovered by an external entity. These characteristics highlight the various factors behind the Border Patrol’s undercounting, such as issues with the Border Patrol’s migrant death definition, inconsistent data collection from external entities, and the agency’s low prioritization of migrant death tracking. To address and remedy the Border Patrol’s migrant death undercounting requires tackling each underlying factor. First and foremost, this article recommends that the Border Patrol fully train its agents on the agency’s migrant death definition and ensure consistent and standardized outreach to external entities. Further, it recommends that the Border Patrol improve its migrant death count’s accuracy through additional operational changes. These proposed changes include making “accurate migrant death counts” an official objective for the Border Patrol’s Missing Migrant Program, prioritizing a two-way information-sharing process with county-level officials, retroactively including missed migrant deaths in the official count, and publishing more detailed person-level data on migrant deaths.

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 277-289

By Jasmine R. Hernandez and Heather J. H. Edgar

The United States is no stranger to migration across its borders. In 2020, its Southwestern border saw a drastic increase in apprehensions by the Border Patrol. While imperfect and an undercount of the true number of migration events, apprehension data is often used as a proxy to understand migration patterns. The rise in migration was coupled with an increased but unknown number of deaths along migration routes. This article focuses on the New Mexico portion of the El Paso Border Patrol Sector and the increased migrant caseload at New Mexico’s Office of the Medical Investigator (OMI) over the last few years. To the best of our knowledge, this article is the first academic study to examine migrant deaths in detail in southern New Mexico. We begin by contextualizing the changing pattern of migrant deaths in New Mexico within the broader framework of border policing strategies that have intentionally pushed migration routes to remote areas. We describe the work of the OMI, highlighting its very recent initiatives to track migrant deaths in its database. We then discuss the changes seen by the OMI in its migrant caseload from fiscal year (FY) 2009 to 2023, with the most drastic increase in cases occurring from 2022 to 2023. For instance, the data indicate that most of the identified migrants that have died in New Mexico were recovered in June and July (45 percent), crossed through Doña Ana County (66 percent), were male (60 percent), and among those identified, were from Mexico (65 percent) and between 20 and 39 years of age (69 percent). Of the 248 cases of migrant deaths, 87 percent have been identified. The most common causes of death were undetermined (46 percent) and environmental exposure (41 percent). We then explore the effects of changing governmental policies and state initiatives to curb/reduce migration in the US on OMI’s increased caseload. We discuss the impact that the rapid shift in migration deaths is having on the OMI and how OMI is working to respond and adjust to the dynamic situation. This work highlights the collateral damage of border security measures, underscored by the increasing number of deaths and challenges faced by the OMI. We consider the need for new and amended policies aimed at mitigating the humanitarian crisis that continues to unfold, emphasizing the need for the humane treatment of migrants. Finally, we suggest allocating resources to death investigating agencies. These resources would provide essential support to find, identify, and repatriate migrants, improve agencies’ abilities to collaborate with governmental agencies and programs such as Border Patrol’s Missing Migrant Program, and improve our understanding of the circumstances along the Southwestern border.

Journal on Migration and Human SecurityVolume 12, Issue 3, September 2024, Pages 226-242