Administrative Complaint Against Border Patrol Re: Denial of Food to Asylum Seekers Awaiting Processing at San Yisidro Port of Entry, filed by ACLU of San Diego

On March 17, 2016, U.S. citizen and immigration attorney Nicole Ramos escorted her client “M.” to the San Ysidro Port of Entry, where M., a transgender woman with disabilities, waited in line to request asylum. Ms. Ramos had prepared a letter for M. describing her disabilities and special needs. Approximately eight hours after M. had arrived at the port of entry, Ms. Ramos communicated with M. and learned that she had not received any food. She also learned that when M. tried to present the letter to a CBP officer, the officer told her that “the letter doesn’t mean shit.” Ms. Ramos immediately contacted CBP, who told her that individuals awaiting credible fear interviews were fed three times daily. Another ten hours later – more than 18 hours after arriving at the port of entry – M. had still not received any food, despite multiple requests to CBP officers. A CBP officer on duty told M. that she was responsible for bringing her own food to the port.

At 11 AM on Friday, March 18, attorney Ramos returned to the port of entry to bring M. food. At that time, a CBP officer informed Ms. Ramos that individuals in line for asylum processing would be given something to eat “if they asked.” Despite further requests by M. for something to eat that day, she was not given any food. Around 9 PM on Friday, CBP supervisor Chief Knox told Ms. Ramos that CBP “was not obligated to feed people on the Mexican side” of the port of entry, despite the fact that asylum seekers were processed in the U.S. controlled area of the port.

CBP did not provide M. with any food for 34 hours.  This was in direct violation of the Border Patrol’s own detention standards, which require CBP officers to provide individuals awaiting processing at ports of entry food and water at regular intervals. In its complaint letter to CBP, the ACLU of San Diego also alleges that the denial of food and water violated M.’s substantive due process rights under the Fifth Amendment. Furthermore, the ACLU alleges that the CBP officers’ abusive remarks and apparent lack of knowledge regarding official agency policies reflect CBP’s inadequate training on the humane treatment of asylum seekers.

The ACLU asks that CBP acknowledge the letter, provide the ACLU with copies of all policies relevant to the treatment of asylum seekers at ports of entry, and issue a formal apology for their treatment of Ms. Ramos and M.

In late April, CBP responded to the ACLU’s complaint.