- Settlement Compliance Reports, Jenny Lisette Flores, et al., v. Merrick B. Garland, et. al, C.D. Cal No. 2:85-cv-04544
- Motion to Enforce Settlement Re: Open-Air Detention Sites (Feb. 29, 2024)
- Class counsel filed a motion to enforce the settlement regarding the detention of children at several open-air detention sites along the Mexico-California border, arguing that CBP is detaining children under deplorable conditions in violation of its obligations under the Flores settlement agreement.
- Juvenile Care Monitor Report (Jul. 2023)
- A settlement agreement in this long-running class action was approved by the Court on July 29, 2022, and mandated many new and specific custodial conditions and procedures for immigrant children in federal custody. The settlement also established a Juvenile Care Monitor position to assess CBP compliance with the provisions of the settlement.
- In accordance with the court’s orders, a Juvenile Care Monitor Report was submitted to the court on July 18, 2023, and includes assessment of the custodial conditions for children held in CBP facilities in the Rio Grande Valley and El Paso sectors.
- The report also includes an assessment of the circumstances associated with the death of an 8-year-old girl while in the Border Patrol station in Harlingen, Texas on May 17, 2023.
- Motion to Enforce Settlement Re: Open-Air Detention Sites (Feb. 29, 2024)
- Protected Whistleblower Disclosure Regarding the Performance and Oversight Failures of the Medical Services Contract of U.S. Customs and Border Protection with Loyal Source Government Services, U.S. Customs and Border Protection (CBP) Employee Troy Hendrickson (Nov. 30, 2023)
- In 2021, Mr. Hendrickson, a career civil servant and Contract Officer Representative, was detailed to CBP’s Office of the Chief Medical Officer to serve as a contract officer to CBP’s Medical Services Contract.
- Hendrickson reported to Congress that Loyal Source Government Services, the sole source contractor responsible for providing medical care to noncitizens in CBP custody, was grossly mismanaging its contract by, inter alia: failing to adequately staff CBP facilities leading to nearly 40% understaffing; paying employees under market rate while inflating profit margins, despite severe staffing shortages; mismanaging staff; failing to maintain electronic medical records as required by CBP, thereby hindering internal oversight; and staffing facilities with medical personal with expired licenses, improper credentials, or who are under investigation for misconduct or poor performance.
- Hendrickson further detailed that despite reporting these serious deficiencies to CBP’s Office of Acquisition, the office took no steps to hold Loyal Services accountable and ultimately retaliated against Mr. Hendrickson by reassigning him from his position.
- CBP Emergency Driving and Vehicular Pursuits Directive, No. 4510—026A, U.S. Customs and Border Protection (January 11, 2023)
- Effective May 2023, CBP’s Emergency Driving and Vehicular Pursuits Directive updates existing policies addressing emergency driving and vehicle pursuits.
- The updates include: acknowledging vehicle pursuits pose inherent risk to the public and individuals involved in the pursuit, including officers and vehicle occupants; adding a “reasonableness” standard aligning CBP’s policy with a majority of law enforcement agencies in the United States; and aligning with the risk factor analysis from CBP’s Use of Force Policy.
- Most importantly, the Directive prohibits vehicle pursuits in certain dangerous circumstances.
- Public Release of CBP Directives and Policy Directorate Memorandums, No. 5430-001, U.S. Customs and Border Protection (May 9, 2022)
- In an effort to “embrace a culture of transparency” and to decrease the number of Freedom of Information Act (FOIA) requests, U.S. Customs and Border Protection (CBP) announced a new directive to make publicly available CBP Policy Directorate Memos and CBP Directives issued by the Office of the Commissioner. The directive applies only to memos and directives signed by the Commissioner after May 9, 2022, the effective date of the directive.
- The directive describes a complex formal review process, in which the author and all impacted CBP offices are tasked with identifying and redacting any FOIA exempted information. To redact information in a proposed policy, the reviewing parties must come to a consensus, supported by appropriate documentation. In limited circumstances all reviewing parties may agree that a CBP Directive or PD Memo in its entirety should not be published. The directive assumes that the “majority” of directives and memos will be released without redaction.
- The directive does not provide a timeline for the review process. Once the review process is complete, CBP will publish these policies on CBP’s “Accountability and Transparency” and “FOIA Reading Room” pages during the last week of each fiscal quarter.
- These CBP Directives are to be applied throughout all CBP sites for consistency throughout the organization.
- This policy does not apply to CBP Intelligence Enterprise Directives or field policies signed at the Executive Assistant Commissioner-level or below.
- Robot Dogs Take Another Step Towards Deployment at the Border, Department of Homeland Science and Technology (Feb. 2022)
- DHS is developing and testing robotic quadruped machines, also known as robot dogs, which are intended to be used in the American Southwest to increase CBP presence at the border.
- Rio Grande Valley Area Border Patrol Struggles with High Volumes of Detainees and Cases of Prolonged Detention but Has Taken Consistent Measures to Improve Conditions in Facilities, Department of Homeland Security Office of Inspector General (Jan. 2022)
- CBP facilities were overcrowded and adults and families were held in detention for longer than 72 hours. The facilities’ conditions did not adequately reduce the risk of contracting COVID-19.
- Trusted Traveler Revocations for Americans Associated with the 2018-2019 Migrant Caravan, Department of Homeland Security Office of Inspector General (Jan. 2022)
- CBP’s process for evaluating information about revoking the Trusted Traveler Program membership of three people associated with migrant caravans.
- For related cases, see Dousa v. DHS and Guan v. Mayorkas.
- Report on Internal Investigations and Employee Accountability FY 2020,S. Customs and Border Protection (Nov. 2021)
- CBP’s intake, investigative activity, and discipline taken against CBP employees during the time period Oct. 1, 2019, through Sept. 30, 2020.
- Border Patrol Agents in Secret Facebook Group Faced Few Consequences for Misconduct, House of Representatives Committee on Oversight and Reform (Oct. 2021)
- Sixty CBP employees posted racist and sexist postings on Facebook. Forty-three employees were suspended and two were removed for their behavior.
- CBP Targeted Americans Associated with the 2018-2019 Migrant Caravan, Department of Homeland Security Office of Inspector General (Sept. 2021)
- CBP officials may have asked Mexico to deny entry to caravan associates, including 14 U.S. citizens. When questioned by the DHS OIG, CBP officials were not forthcoming about the communications they had with Mexico and other foreign entities, nor did they retain communication records.
- Review of the Feb 16, 2020 Childbirth at the Chula Vista Border Patrol Station, Department of Homeland Security Office of Inspector General (Jul. 2021)
- Border Patrol lacks the necessary processes and guidance to reliably track childbirths that happen while in Border Patrol custody. The agency failed to expeditiously release the post-partum detainees and the U.S.-citizen newborns from Border Patrol stations.
- Border Patrol also did not have guidelines for providing interpretation for Spanish-speaking detainees at hospitals. As a result, the agent assigned to hospital watch was charged with interpreting between the detainee and the medical professional rather than an interpreter that comported with CBP’s language access guidance. This likely led to medical information being miscommunicated to the detainee.
- CBP Needs to Strengthen Its Oversight and Policy to Better Care for Migrants Needing Medical Attention, Department of Homeland Security Office of Inspector General (Jul. 2021)
- CBP failed to consistently show that it conducted the required medical screenings or consistent welfare checks to detainees. As a result, CBP likely did not identify individuals experiencing medical emergencies in a timely manner.
- CBP Compliance with Use of Force Policy for Incidents on November 25, 2018 and January 1, 2019, Department of Homeland Security Office of Inspector General (Aug. 2020)
- Even though the use of tear gas in 2018 and 2019 fell within CBP’s Use of Force policy, the agency’s use of the “alert tone” mode on an acoustic device was not in compliance with this policy. Using an acoustic device in this way may “increase the risk of temporary or permanent hearing loss to those exposed to the sound.” The OIG expressed concern about the government’s liability if it continued to use the acoustic device in the way it did on the dates in question.
- Review of the Department of Justice’s Planning and Implementation of Its Zero Tolerance Policy and Its Coordination with the Departments of Homeland Security and Health and Human Services, Department of Justice Office of Inspector General (Jan. 2021)
- Major Management and Performance Challenges Facing the Department of Homeland Security, DHS Office of Inspector General (Nov. 2020)
- DHS Run Amok? A Reckless Overseas Operation, Violations, and Lies, U.S. Senate Report (Oct. 2020)
- FACIAL RECOGNITION CBP and TSA are Taking Steps to Implement Programs, but CBP Should Address Privacy and System Performance Issues, Government Accountability Office (Sept. 2020)
- Capping Report: CBP Struggled to Provide Adequate Detention Conditions During 2019 Migrant Surge, DHS Office of Inspector General (June 2020)
- CBP Separated More Asylum-Seeking Families at Ports of Entry Than Reported and for Reasons Other Than Those Outlined in Public Statements, DHS Office of Inspector General (May 2020)
- DHS Lacked Technology Needed to Successfully Account for Separated Migrant Families, DHS Office of Inspector General (Nov. 2019)
- Care Provider Facilities Described Challenges Addressing Mental Health Needs of Children in HHS Custody, DHS Office of Inspector General (Sept. 2019)
- Management Alert – DHS Needs to Address Dangerous Overcrowding Among Single Adults at El Paso Del Norte Processing Center, DHS Office of Inspector General (May 2019)
- Special Review – Initial Observations Regarding Family Separation Issues Under the Zero Tolerance Policy, DHS Office of Inspector General (Sept. 2018)
- Department of Homeland Security Policy on the Use of Force (Sept. 2018)
- Management Alert–Security and Safety Concerns at Border Patrol Stations in the Tucson Sector (Redacted), DHS Office of Inspector General (Sept. 2017)
- Special Report: Challenges Facing DHS in Its Attempt to Hire 15,000 Border Patrol Agents and Immigration Officers, DHS Office of Inspector General (July 2017)
- Final Report of the CBP Integrity Advisory Panel, Homeland Security Advisory Council (Mar. 2016)
- U.S. Customs and Border Protection National Standards on Transport, Escort, Detention, and Search (Oct. 2015)
- Use of Force Policy, Guidelines and Procedures Handbook (May 2014)
- U.S. Border Patrol Directive on the Use of Safe Tactics and Techniques (Mar. 2014)
- Department of Homeland Security Use of Deadly Force Policy (Jul. 2004)
- CBP Use of Force Training and Actions to Address Use of Force Incidents (Sep. 2013)
- U.S. Customs and Border Protection Use of Force Reviews, Recommendations and Next Steps (Sep. 2013)
- U.S. Customs and Border Protection Use of Force Policy Handbook (Oct. 2010)
Hold CBP Accountable
Stopping U.S. Customs and Border Protection (CBP) Abuse
Hold CBP Accountable 