Category Archives: New Mexico

ACLU New Mexico and ACLU Texas Issue Letter Urging Independent Investigations and Transparency of CBP’s Vehicle Pursuit Policy and Border Patrol’s Deadly Pursuit of a Vehicle in New Mexico

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On August 25, 2021, the ACLU of New Mexico and the ACLU of Texas filed a letter with the CBP Acting Commissioner urging CBP to ensure independent investigations of an August 3, 2021 deadly vehicle pursuit by Border Patrol. Border Patrol’s vehicle pursuit resulted in two deaths and the hospitalization of eight other individuals. The letter also requested the public release of CBP’s current written vehicle pursuit policy, all training materials, and any other policy related to the August incident. Finally, the letter recommended that the Department of Homeland Security’s Office of Inspector General review CBP’s written policy and its implementation.

On January 11, 2023, CBP released an updated Emergency Driving and Vehicular Pursuits Directive that aligned CBP’s policy with those best practices of other law enforcement agencies in the United States. The updated policy will take effect May 2023.

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Granillo v. United States of America

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Granillo v. United States of America, No. 2:21-cv-00777 (D.N.M., filed Aug. 18, 2021)

Anastacio Granillo is a 64-year-old man who was assaulted by a Customs and Border Protection (CBP) officer at the Columbus Port of Entry while returning home from visiting family in Mexico in June 2019. On June 18, 2019, Mr. Granillo arrived at the Columbus Port of Entry with his wife’s cousin. At passport check, Mr. Granillo suggested to CBP Officer Oscar Orrantia that it would be helpful to open up another lane to allow for faster processing of vehicles in the heat. The officer responded in an angry tone and stated that CBP officers could do whatever they wanted. The CBP officer then asked what Mr. Granillo was bringing into the United States. Mr. Granillo responded that he was bringing allergy medication that he purchased in Mexico. He attempted to hand the medication to the officer, but accidentally dropped it, and it landed in the officer’s hands. The officer accused Mr. Granillo of throwing the medication at him before forcing him out of his vehicle and slamming him against the wall of the vehicle inspection bay, causing him to hit his head, fall to the ground, and suffer multiple injuries. CBP then detained him without medical help for close to an hour, despite him having a large visible bump on his forehead.

Mr. Granillo filed a complaint in the District of New Mexico on August 18, 2021. He alleged Officer Orrantia used excessive and unnecessary force against him and illegally detained him. Mr. Granillo claims the following causes of action under the Federal Tort Claims Act: assault, battery, false arrest, and negligence. The government filed an answer to the complaint on October 22, 2021. The parties met on December 16, 2021, and filed a joint status report outlining their provisional discovery plan on January 3, 2022. Defendants attempted to stay discovery and release of a key piece of video evidence for six months. On March 8, 2022, the District Court denied the requested six-month stay and ordered release of the video on or before May 5, 2022. The court held a Rule 16 conference on May116, 2022. On July 6, 2022, the parties reached a tentative settlement agreement. The parties moved to vacate the scheduling order and deadlines on July 19, 2022, in order to finalize settlement discussions, and moved to dismiss the case on August 30, 2022.

Documents:
● Complaint
● Answer
● Joint Status Report

Counsel:
ACLU of New Mexico

Contact:
María Martínez Sánchez | msanchez@aclu-nm.org
Zoila Alvarez Hernández | zalvarez@aclu-nm.org
Rebecca Fae Sherman Sheff | rsheff@aclu-nm.org

Press:
ACLU Sues CBP for Excessive Force Against New Mexican Man at Columbus Port of Entry

Santa Fe Dreamers Project v. U.S. Customs and Border Protection

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Santa Fe Dreamers Project v. U.S. Customs & Border Protection, No. 1:20-cv-00490 (D.N.M., filed May 21, 2020)

In response to the Trump Administration’s implementation of a series of new policies designed to dissuade asylum seekers from coming to the United States, an increasing number of immigrants’ rights advocates began representing asylum seekers in the U.S.-Mexico border region. In late 2018 and early 2019, reports emerged that federal law enforcement was surveilling attorneys and immigrants’ rights advocates as a result of this increased human rights work. In mid-December 2018, federal officials subjected El Paso-area advocates to increased questioning and detention while traveling through ports of entry and abroad. In April 2019, the Santa Fe Dreamers Project (SFDP) submitted a Freedom of Information Act (“FOIA”) request to U.S. Customs and Border Protection (“CBP”) seeking records related to border enforcement and the potential targeting of human rights defenders by border enforcement agencies. SFDP did not receive a single responsive document.

On May 21, 2020, SFDP filed this FOIA lawsuit seeking to compel CBP to conduct a reasonable search and produce records responsive to their FOIA request. On June 24, 2020, Defendants filed their answer. Per their August scheduling order, Defendants were required to produce all responsive documents by November 6, 2020. However, on November 6, Defendants filed an unopposed motion to extend this production deadline. On December 28, the magistrate judge vacated all deadlines related to production of documents and briefing in the case, and on January 12, 2021, the magistrate judge ordered Defendants to produce all responsive documents no later than March 15, 2021.

Settlement conferences were held on April 6 and 7, 2021, and on June 14, 2021, after Defendants had agreed to pay fees and costs, Plaintiffs stipulated to dismiss the case.

Documents:

Counsel: Christopher Benoit, The Law Office of Lynn Coyle, PLLC

Contact: Christopher Benoit, The Law Office of Lynn Coyle, PLLC | chris@coylefirm.com

Complaint Against CBP Over Failed Policies Regarding Return of Belongings

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Complaint Against CBP Over Failed Policies Regarding Return of Belongings

On April 6, 2016, the New Mexico ACLU Center for Border Rights, along with the Programa de Defensa e Incidencia Binacional and other partners, filed a complaint with DHS which documented 26 cases in which belongings—including important identity documents, money, and irreplaceable personal items—were confiscated by Border Patrol agents from individuals they apprehended and never returned at the time that the individuals were deported.  The reported cases highlight the devastating consequences that can flow from the loss of critical documents and money.  These 26 incidents are illustrative of the serious systemic problems with respect to CBP’s policies on return of belongings, including the ability for individual agent’s to abuse the system.

Counsel: Programa de Defensa e Incidencia Binacional, ACLU of New Mexico Regional Center for Border Rights, ACLU Foundation of Texas, American Immigration Council, National Immigration Project of the National Lawyers Guild

Contact: Kristin Love | klove@aclu-nm.org | (505) 266-5915 extension 1007

Administrative Complaint Re: Extreme Temperatures in CBP Short Term Detention Facilities

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Administrative Complaint Re: Extreme Temperatures in CBP Short Term Detention Facilities

On February 2, 2016, NIP/NLG, in collaboration with Programa de Defensa e Incidencia Binacional  and the ACLU of New Mexico, filed an administrative complaint on behalf of persons held by CBP in short-term detention facilities where they are exposed to extreme temperatures. The administrative complaint also challenges the agency standards  addressing temperature controls in short-term facilities, but asserts that the agency fails to abide even by these standards.

Shortly after the complaint was filed, DHS OIG announced that it would inspect short-term detention facilities.

Counsel: Programa de Defensa e Incidencia Binacional (PDIB) | National Immigration Project of the National Lawyers Guild | ACLU of New Mexico

FTCA Administrative Complaint by Immigrant Mothers’ Against DHS/CBP/ICE

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FTCA Administrative Complaint by Immigrant Mothers’ Against DHS/CBP/ICE

On August 10, 2015, five immigrant mothers sent administrative complaints to the Department of Homeland Security under the Federal Tort Claims Act for the abuses the women and their children had suffered while detained in ICE custody. These women, who fled their home countries due to endemic violence suffered at the hands of criminal gangs and intimate partners, sought asylum in the United States. After entering the custody of CBP/ICE, they endured deplorable detention conditions, including woefully inadequate medical and mental health care, little to no legal information as to their rights and/or fates, no educational services for the detained children, and lack of access to necessities such as food, water, clothing, and bathing facilities.

Counsel: R. Andrew Free | Barrett, Johnston, Martin & Garrison, LLC

Contact: R. Andrew Free | (615) 244-2202 | Andrew@ImmigrantCivilRights.com

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