Two women hold hands. (photo: ACLU)
Sisters
From Guatemala Claim Border Patrol Agent Sexually Assaulted Them
By Richard Winton, The Los
Angeles Times
23 March 17
two
teenage sisters fleeing Guatemala became so desperately lost trekking across
the Texas desert that when they saw a U.S. Customs and Border Protection truck,
they waved for help.
But
the sisters, age 19 and 17, claim that they were taken by a Border Patrol
officer to a closet in the Presidio intake office, where he forced them to
strip and sexually assaulted them in July 2016. Attorneys for the American
Civil Liberties Union of Northern California filed legal claims Tuesday against
the Department of Homeland Security on behalf of the sisters, now living in
Fresno with their mother.
The
claims, seeking $750,000 in compensation for each sister, describe in graphic
detail the alleged molestation by the Border Patrol officer, whose identity
remains unclear.
“What
happened in that closet has caused me so much pain and sadness,” the older
sister said.” I’m telling my story because I don’t want anyone else to go
through this. I hope the officer will be honest about what he did and take
responsibility for his actions. This is the only way we’ll be able to ensure
this never happens again.”
The
sisters’ identities were shielded by their attorneys, who say the pair fear
retribution.
In her
claim and statements, the elder sister said the pair fled tyranny in Guatemala
and when they crossed the border she understood that arrest and deportation were
possible but she believed they would be safe.
But
once inside the Texas intake office they were left in a holding cell with the
Border Patrol officer, who she said took her to a windowless closet that seemed
like a pantry on the night of July 11.
Once there
he ordered her to remove her sweater, shirt, tank top and bra; she successfully
pleaded to keep her bra but the officer fondled her breasts, the claim alleges.
He let
her put her top back on but then ordered her to remove her pants, leggings and
underwear; she begged to keep the underwear on, but he pulled down her
underwear and touched her genitals with his hands, according to the claim, and
she realized it wasn’t a weapons check but a sexual assault.
He
returned to the cell and then took her young sister. The 17-year-old, in her
claim filed Tuesday, said the officer repeated the conduct with her. As the
pair began to cry afterward, the officer attempted to calm them down with chips
and chocolates, the elder sister recalled.
“CBP
must be held accountable for its officer’s sexual abuse of these vulnerable
victims,” said ACLU of Northern California staff attorney Angélica Salceda.
“There has been no criminal prosecution against the officer involved. CBP is
not above the law, and its abuses of power must not be tolerated.”
A
representative of Customs and Border Protection said the agency can’t comment
on pending litigation, but added, “We take allegations of misconduct seriously
and there is no room in CBP for the mistreatment or misconduct of any kind toward
those in our custody.
“We do
not tolerate corruption or abuse within our ranks, and we fully cooperate with
any criminal or administrative investigation of alleged misconduct by any of
our personnel, on or off duty.”
The
department has a zero tolerance policy prohibiting all forms of sexual abuse
and assault in its custody. The current rules, adopted in 2014, also generally
forbid male officers to pat down female detainees.
A 2014
Los Angeles Times investigation found that the vast majority of complaints
involving Border Patrol agents on the Southwest border resulted in no
disciplinary action. Documents obtained by the Times suggested little
accountability for alleged beatings, sexual abuse and other mistreatment of
detainees.
The
sisters’ claims were filed under the Federal Tort Claims Act, which allows
individuals to sue the federal government and seek monetary damages.
Within
an hour of the alleged assaults, the sisters reported the conduct to another
CBP officer in the field office where they were held, and an investigation was
launched by the Department of Homeland Security’s Office of Inspector General.
During
the inquiry, the sisters were interviewed twice and asked to draw a depiction
of the closet.
ACLU
attorneys said federal authorities so far have not pursued criminal charges
against the officer and they do not know if any disciplinary action was taken.
ACLU officials said they are unsure of the Border Patrol officer’s identity,
but the sisters did point him out to other officers when reporting the attacks.
Following
the report and initial investigation, the pair were taken to a detention center
and eventually released to their mother, who has lived in the U.S. for 12
years. The sisters have undergone counseling for the alleged assaults.
“I
have suffered every day from this experience, and it has been extremely hard to
sleep at night,” the elder sister said in a statement.
Allegations
of sexual misconduct against the Border Patrol aren’t unusual. A 2015 CBS News
investigation found that at least 21 Customs and Border Protection officers had
been indicted or pleaded guilty to sexual offenses — on and off duty. From 2012
to 2014 more than 35 sexual misconduct cases were pursued against agents, the
agency’s former head of internal affairs revealed.
Mitra
Ebadolahi, Border Litigation Project staff attorney at the ACLU of San Diego
& Imperial Counties, said, “CBP has a troubling and extensively documented
history of human rights abuses at the border.”
C 2015 Reader Supported News
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