For Immediate Release
September 12, 2024
Contact:media@firrp.org
(619) 890-9563
(213) 634-2186, ext 8128
Florence Project and Immigrant Defenders Release Alarming New Reports Detailing Abuse of Unaccompanied Immigrant Children in Border Patrol Custody
The two organizations filed complaints with the U.S. Department of Homeland Security Office of Civil Rights and Civil Liberties, demanding an investigation and reforms
Los Angeles, CA and Phoenix, AZ – Today, Immigrant Defenders Law Center (ImmDef) and The Florence Immigrant & Refugee Rights Project (Florence Project) both released troubling reports that show unaccompanied immigrant children continue to be subjected to physical and verbal abuse and inhumane conditions while in Border Patrol custody. These abuses and harmful conditions continue despite hundreds of complaints filed over the years with oversight agencies that are charged with investigating detention conditions and individual misconduct. The fact that these patterns of abuse and mistreatment continue unabated gives rise to grave concerns over the lack of accountability and oversight within Border Patrol. Read Florence Project’s report here; read ImmDef’s report here.
The two new reports detail a broad range of abuse and mistreatment experienced by children along the U.S.-Mexico border in Arizona and California in 2023 and 2024, including being subjected to hunger, being pushed, kicked, and punched by federal agents, brandishing of weapons to instill fear, lack of access to hygiene products, lack of access to medical care, and verbal abuse, including use of vile language and threats to deport children. The inhumane conditions and abuse children experienced in Border Patrol custody are violations of the Trafficking Victims Protection Reauthorization Act, the Flores Settlement Agreement, and other applicable law.
With the release of the reports, Florence Project and ImmDef are filing complaints with the U.S. Department of Homeland Security’s Office of Civil Rights and Civil Liberties (CRCL), demanding investigation into the specific incidents of abuse found in the reports and significant reforms of policies and practices. In 2022, both Florence Project and ImmDef filed complaints with CRCL detailing many of the same types of abuses, yet no meaningful investigation was conducted by the Department of Homeland Security’s Office of Inspector General.
The Florence Project’s new report, “Handcuffed, Pushed, and Afraid: immigrant children share terrifying experiences while in Border Patrol custody,” summarized 314 complaints from children ages 5 to 17. It found that children continue to experience physical and verbal abuse in alarming numbers—1 in 10 of the children in this report said they experienced various levels of physical abuse and nearly 4 in 10 experienced verbal abuse including foul language and threats to their safety.
“This is a disgraceful time in United States history. Our immigration system is so inhumane that children as young as 5 years old are reporting physical, verbal, and emotional abuse while in Border Patrol custody,” Florence Project Children's Legal Program Manager Roxana Avila-Cimpeanu said. “We hope these reports and complaints filed with DHS bring some much-needed attention to this widespread mistreatment of children that no American parent would abide for their own child.”
“Every person has the right to be treated fairly and humanely, yet despite this moral and legal obligation, our government continues to double down on policies based on cruelty as a deterrent to migration,” said Florence Project Legal Director Laura St. John. “Here we see unaccompanied children bearing the brunt of these deterrence-based policies and the callous mind-set they engender. The number of reports of abuse of children in Border Patrol custody should be zero, but our organization has received hundreds of reports in recent years and there are many, many more incidents that go unreported.”
Key findings of Florence Project’s and ImmDef’s reports include:
· Tender-aged children (ages 5 to 12) reported inhumane treatment, including verbal abuse, extreme cold, and separation from caretakers and siblings.
· Reports show 1 in 10 of children in the Florence Project report experienced physical violence.
· CBP continues to regularly abuse children verbally.
· CBP denied children necessary medical care and ignored the simplest requests, including providing a child with hygiene supplies to clean a bloody wound.
· Children were detained over the 72-hour limit set by Congress.
· Children reported unsafe and inhumane conditions including going hungry, lacking hygiene products, experiencing extremely cold temperatures, and being held with adults.
· Children were held in unsanitary conditions, forced to sleep on the ground or outside, and many children reported privacy violations.
“Our findings show that child abuse is systemic in CBP and will only worsen because of failing deterrence policies like the Securing the Border Rule. This complaint should act as a wake-up call for our government to reimagine our border policies and practices so that children don’t suffer abuse for political gain. The Biden administration must commit to welcoming children at our border with safety and dignity, not further trauma and abuse,” said Carson Scott, Managing Attorney at ImmDef.
“As a mother, it’s horrifying to hear stories of mistreatment and abuse from our youngest clients. As a lawyer, it’s enraging that our government has chosen to ignore pervasive child abuse in CBP. This complaint sheds light on an issue that desperately needs to end along with the ineffective border restrictions that make it worse. The Biden administration has five months left in the current term and we urge them to use the time wisely and comply with our demands to protect children and families seeking refuge in the United States,” said Lindsay Toczylowski, Co-Founder and Executive Director of ImmDef.
About The Florence Project
The Florence Project is a 501(c)(3) nonprofit legal service organization providing free legal and social services to adults and unaccompanied children in immigration custody in Arizona. The government does not provide public defenders to people in immigration detention. As a result, an estimated 86 percent of detained people go unrepresented due to poverty. The Florence Project strives to address this inequity both locally and nationally through direct service, partnerships with the community, and advocacy and outreach efforts. Learn more about the Florence Project here.
About Immigrant Defenders
Immigrant Defenders Law Center (ImmDef) is a next-generation social justice law firm that defends our immigrant communities against injustices in the immigration system. Founded in 2015 by immigration lawyers and advocates who believed there was a better way to protect the due process rights of immigrants facing deportation, at its founding ImmDef was solely focused on ensuring that every immigrant before the immigration court had a lawyer by their side. ImmDef now has more than 160 dedicated staff members in four offices throughout Southern California, serving clients in more than 10 counties in California. ImmDef provides full-scale deportation defense, legal representation, legal education, and social services to approximately 30,151 detained and non-detained children and adults annually. Learn more about ImmDef here.
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