On May 13, 2023, the Southern Border Communities Coalition (SBCC) submitted a complaint to the Department of Homeland Security Office for Civil Rights and Civil Liberties (CRCL). The complaint, which is supported by multiple detailed affidavits and graphic photographs, documents an ongoing Customs and Border Protection (CBP) practice of detaining people outdoors between two fences in deplorable conditions near the San Ysidro port of entry.
Since at least late 2022, U.S. Border Patrol agents have been detaining people arriving at the U.S./Mexico border in California between two parallel border walls—a primary and a secondary wall near San Ysidro. Border Patrol agents are holding people—including children—on U.S. soil for days or weeks in open-air custody without adequate food, water, shelter, or medical care. CBP has provided only one port-a-potty for hundreds of people and the smell of feces is overwhelming.
Extended periods exposed to the elements without sufficient water, food, or sanitary conditions have caused migrants to suffer from serious medical conditions for which Border Patrol is not providing adequate care. SBCC submitted images of a man with a severely infected leg injury, a woman experiencing a severe allergic reaction, and described a child who suffered an epileptic seizure.
The May 2023 complaint explained that these conditions, and the prolonged period of time that Border Patrol is holding people between the walls, are in clear violation of CBP’s own detention standards and international law governing the treatment of migrants.
In September 2023, CRCL responded to the complaint, indicating that it had expressed concerns to CBP about this open-air detention, but that the people detained there had been processed – suggesting the issue had been resolved.
On December 13, 2023, Al Otro Lado, the American Friends Service Committee, Border Kindness, the Center for Gender & Refugee Studies, the International Refugee Assistance Project, and the National Immigration Law Center joined SBCC in filing a new complaint with CRCL documenting the ongoing detention between the walls at San Ysidro and the expanded use of open-air detention near the remote desert town of Jacumba, California. This complaint is similarly supported by declarations and photographic evidence.
The December 2023 complaint reports that CBP continues to hold people between fences at San Ysidro in dangerous conditions. In October 2023, just weeks after CRCL closed its initial investigation, a 29-year-old Guinean woman died after suffering a medical emergency.
Rather than respond to CRCL’s concerns, CBP has expanded outdoor detention. The complaint documents new open-air detention sites near Jacumba — a remote town where temperatures can drop a low as 20 degrees in the winter and hit over 100 degrees in the summer. CBP is holding asylum seekers and other migrants along the border fence with only donated tents or tarps to protect them from the elements. People are trapped by mountains, the harsh surrounding desert, and constant surveillance. The daily population at these sites ranges from 100 to over 750, yet CBP provides only limited water and snacks. Volunteers offer the only meals, shelter (in the form of tents), and warm clothing available. CBP does not provide adequate medical care and in some instances interferes with migrants and volunteers seeking to obtain emergency services. In December, a 13-year-old boy died after EMS took over an hour to reach the remote site. The December 2023 complaint urges CRCL to reopen its investigation and ensure that CBP, at a minimum, comply with its own detention standards if it cannot promptly process people.
Documents:
Counsel: Al Otro Lado, the American Friends Service Committee, Border Kindness, the Center for Gender & Refugee Studies, the International Refugee Assistance Project, the National Immigration Law Center, Southern Border Communities Coalition
Contact: Erika Pinheiro | Al Otro Lado