February, 02 2021, 11:00pm EDT

For Immediate Release
Contact:
Jen Nessel, Center for Constitutional Rights, (212) 614-6449, jnessel@ccrjustice.org
Parker Deighan, No More Deaths, (520) 330-0848, abusedocumentation@nomoredeaths.org
Lawsuit Filed Over Migrant Deaths at U.S.-Mexico Border
Customs and Border Protection Has Contributed to Deaths of Thousands, Advocates Say Groups Demand Documents Under Freedom of Information Act
WASHINGTON
Today, as the humanitarian-aid group No More Deaths and community organization La Coalicion de Derechos Humanos released the third installment of their "Disappeared" report about the ongoing crisis of death and disappearance along the U.S.-Mexico border, No More Deaths and the Center for Constitutional Rights filed a Freedom of Information Act (FOIA) lawsuit against Customs and Border Protection (CBP). The lawsuit seeks information regarding CBP policies and practices that advocates say are fueling the missing persons crisis at the border.
Hundreds of migrants die every year in the unforgiving terrain in and around the greater-Sonoran desert, on the U.S. side of the border, while crossing into the United States in search of safe haven; some estimates reach into the thousands.
Along the border, state, county, and local law enforcement refer 911 calls for emergency assistance to Border Patrol when the callers are Spanish-speaking, a discriminatory practice that effectively renders it the primary emergency services provider along the border--a role that advocates note is squarely at odds with CPB's explicit charge as an immigration enforcement agency. Key findings in "Left to Die: Border Patrol, Search and Rescue, and the Crisis of Disappearance," the third installment of the "Disappeared" report, show that Border Patrol is "fatally unresponsive" to emergency search and rescue requests.
The lawsuit filed today seeks documents on policies, procedures, and protocols that attorneys say are crucial to understanding the causes and effects of the crisis.
"For years, Border Patrol has acted without any transparency about their supposed rescue operations," said No More Deaths Abuse Documentation Coordinator Parker Deighan. "Meanwhile, families and advocates searching for missing people have experienced Border Patrol's hostility and refusal to help."
No More Deaths and the Center for Constitutional Rights filed a Freedom of Information request in April of 2019, seeking documents and data related to Border Patrol's response to requests for search and rescue including quantity of calls received, details of their response or lack of response, and the outcomes of each case. CBP failed to produce a single document in response to the request. The lawsuit filed today seeks a court order compelling CBP to provide the requested documents.
According to No More Deaths' data, in 63 percent of distress calls, Border Patrol did not conduct any confirmed search or rescue; in 40 percent of cases, there was clear documentation that the agency did not search at all. The quality of searches that were conducted was dramatically inferior to those conducted for U.S. citizens or non-citizen tourists--for example, searches rarely lasted more than one day, some lasted as little as one hour. Twenty-seven percent of searches ended without the person being found. By contrast, local county search and rescue teams responding to cases involving U.S. citizens have a near 100-percent success rate. Meanwhile, Border Patrol also actively obstructs family and humanitarian search efforts by lying about whether a search is being conducted, harassing and criminalizing humanitarian search and rescue teams in the field, refusing to share critical information for a search or providing false or misleading information, and endlessly transferring calls to non-working, unchecked, or otherwise inapplicable phone lines, among other tactics.
"Each year, the U.S. government lets hundreds of migrants die in the borderlands out of intentional neglect," said Angelo Guisado, staff attorney at the Center for Constitutional Rights. "Border Patrol, CBP's enforcement arm, operates as a rogue paramilitary outfit under the guise of agency legitimization. In addition to well-publicized accounts of abusive conduct, the agency is known to employ aggressive enforcement tactics that have caused thousands of migrants to go missing in the first place. And this is the agency tasked with emergency rescue services along our border? The public deserves to know more about it."
Alarmingly, No More Deaths also reports that Border Patrol is more than twice as likely to directly cause a person to go missing - chasing and scattering groups of people through rugged terrain, causing many to become injured, disoriented, and separated from guides and traveling companions - than it is to participate in locating one.
"If my dad was a different person, or a citizen, I think he would have received a different search," said the daughter of a 52-year-old man from Honduras who disappeared after crossing the U.S.-Mexico border in 2016, as quoted in the report.
While No More Deaths and the Center for Constitutional Rights demand an immediate end to the transfer of calls for emergency assistance to Border Patrol, they emphasize that CBP and Border Patrol's mission of immigration enforcement is inherently at odds with search and rescue efforts. Ultimately, they say, the only solution to the crisis of death and disappearance in the borderlands is to demilitarize the border, defund Customs and Border Protection, and decriminalize migration.
According to official government records, the remains of at least eight thousand migrating people have been found in U.S. deserts since 1994, the majority of deaths reportedly related to elemental exposure; tens of thousands more have disappeared. Both the lawsuit and the report emphasize that the crisis is not only exacerbated by Border Patrol, but was created by the agency's 1994 "Strategic Plan" to "force [migrants to cross] over more hostile terrain," where they may "find themselves in mortal danger," in an attempt to discourage migration.
Read "Left to Die: Border Patrol, Search and Rescue, and the Crisis of Disappearance," the third installment of No More Deaths' and La Coalicion de Derechos Humanos' "Disappeared" report.
For more information on the lawsuit filed today, visit the Center for Constitutional Rights' case page.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
(212) 614-6464LATEST NEWS
AOC Won't Seek Oversight Role: 'Underlying Dynamics in the Caucus Have Not Shifted'
"I believe I'll be staying put at Energy and Commerce," the progressive congresswoman said.
May 05, 2025
This is a breaking story… Please check back for possible updates...
Congresswoman Alexandria Ocasio-Cortez ended a week of speculation on Monday by announcing that she will not seek the ranking member position on the U.S. House Committee on Oversight and Government Reform.
The New York Democrat, who last year ran for ranking member and lost to Rep. Gerry Connolly (D-Va.), told reporters, "It's actually clear to me that the underlying dynamics in the caucus have not shifted with respect to seniority as much as I think would be necessary, so I believe I'll be staying put at Energy and Commerce."
Ocasio-Cortez has recently been crisscrossing the country with U.S. Sen. Bernie Sanders (I-Vt.) for his Fighting Oligarchy Tour. Nationally, the 35-year-old progressive is seen as a possible primary challenger to Senate Minority Leader Chuck Schumer (D-N.Y.) and even a potential future presidential candidate.
Politico's Nicholas Wu noted last week that if Ocasio-Cortez declined to run for the committee post, "a number of young, ambitious members could mount bids, including Reps. Jasmine Crockett of Texas, Ro Khanna of California, Maxwell Frost of Florida, and Robert Garcia of California."
Connolly, now 75, sought the House leadership role despite an esophageal cancer diagnosis he disclosed in November. Last Monday, he said in a letter to constituents that "I want to begin by thanking you for your good wishes and compassion as I continue to tackle my diagnosis. Your outpouring of love and support has given me strength in my fights—both against cancer and in our collective defense of democracy."
"When I announced my diagnosis six months ago, I promised transparency," Connolly continued. "After grueling treatments, we've learned that the cancer, while initially beaten back, has now returned. I'll do everything possible to continue to represent you and thank you for your grace."
"The sun is setting on my time in public service, and this will be my last term in Congress," he added. "I will be stepping back as ranking member of the Oversight Committee soon. With no rancor and a full heart, I move into this final chapter full of pride in what we've accomplished together over 30 years. My loving family and staff sustain me. My extended family—you all have been a joy to serve."
The panel's far-right chair, James Comer (R-Ky.), said in response to last week's announcement that "I'm saddened to hear that Ranking Member Connolly's cancer has returned. He is a steadfast public servant who has spent his career serving Northern Virginians with honor and integrity. It's an honor to serve the American people alongside him and I am rooting for him as he battles cancer once again. Our prayers are with Ranking Member Connolly and his family."
Keep ReadingShow Less
Trump Ally Bukele Reportedly Set to Arrest Journalists Who Revealed His Secret Pact With Gangs
One critic said the Salvadoran president "wants to silence" the acclaimed digital news site El Faro "because they're shattering the myths of the Bukele administration."
May 05, 2025
An internationally acclaimed digital news outlet in El Salvador said Monday that the administration of Salvadoran President Nayib Bukele is preparing to arrest a number of its journalists following the publication of an interview with two former gang leaders who shed new light on a power-sharing agreement with the U.S.-backed leader and self-described "world's coolest dictator."
"A reliable source in El Salvador told El Faro that the Bukele-controlled Attorney General's Office is preparing at least seven arrest warrants for members of El Faro," the outlet reported. "The source reached out following the publication of an interview with two former leaders of the 18th Street Revolucionarios on Bukele's yearslong relationship to gangs."
"If carried out, the warrants are the first time in decades that prosecutors seek to press charges against individual journalists for their journalistic labors," El Faro added.
Bukele responded to the interview in a Friday evening post on the social media site X that read in part, "It's clear that a country at peace, without deaths, without extortion, without bloodshed, without corpses every day, without mothers mourning their children, is not profitable for human rights NGOs, nor for the globalist media, nor for the elites, nor for [George] Soros."
While the pact between Bukele and gang leaders is well-known in El Salvador, El Faro—which has long been a thorn in the president's side—was the first media outlet to air video of gangsters acknowledging the agreement.
As El Faro reported:
At the heart of the threat of arrests is irony: El Faro was only able to interview the two Revolucionarios because they escaped El Salvador with the complicity of Bukele.
One, who goes by "Liro Man," recounts that he was taken to Guatemala, through a blind spot in the Salvadoran border, by Bukele gang negotiator Carlos Marroquín; the other, Carlos Cartagena, or "Charli," was arrested on a warrant in April 2022, early in the state of exception, but quickly released after the police received a call at the station and backed off.
Meanwhile, tens of thousands of Salvadorans were being rounded up without due process, on charges of belonging to gangs.
The video interview explains the dichotomy: For years, Salvadoran gang leaders cut covert deals with the entourage of Nayib Bukele. In their interview with El Faro, the two Revolucionarios say the FMLN party, to which the now-president belonged a decade ago, paid a quarter of a million dollars to the gangs during the 2014 campaign in exchange for vote coercion in gang-controlled communities, on behalf of Bukele for San Salvador mayor and Salvador Sánchez Cerén as president.
"This support, the sources say, was key to Bukele's ascent to power," El Faro noted. "'You're going to tell your mom and your wife's family that they have to vote for Nayib. If you don't do it, we'll kill them,' Liro Man says the gang members told their communities in that election. Of Bukele, he added, 'he knew he had to get to the gangs in order to get to where he is.'"
Part of the deal was a tacit "no body, no crime" policy under which gang leaders agreed to hide their victims' corpses as Bukele boasted of a historic reduction in homicides in a country once known as the world's murder capital.
"We've wanted to talk about this for a long time, for the simple reason that the government beats their chests and says, 'We're anti-gang, we don't want this scourge,'" Liro Man told El Faro. "But they forgot that they made a deal with us, and you were the first to get this out."
In an ironic twist, the Trump administration deported gang members from the U.S. to El Salvador's notorious Terrorism Confinement Center prison who faced federal indictments that could have resulted in their testifying in court about the pact with Bukele.
Responding to the possible arrest warrants for El Faro staffers, Argentinian journalist Eliezer Budasoff said on social media Sunday that "it's clear" that El Salvador's leader "wants to silence" the outlet "because they're shattering the myths of the Bukele administration, simply with more journalism."
The Bukele administration's attacks on El Faro include falsely accusing the outlet of money laundering and tax evasion, banning its reporters from press briefings, and surveilling its staffers with Pegasus spyware. El Faro has remained steadfast in the face of these and other actions.
"Every citizen must decide for themselves whether they want to be informed, or whether they prefer the blind loyalty this administration has demanded of its supporters since its first day in power," the outlet's editors wrote in 2022. "We don't have that choice. Our job is to report. We can't change the news, and we never will."
Keep ReadingShow Less
Michigan AG Drops Charges Against Pro-Palestinian Campus Protesters
"Our First Amendment rights should never be criminalized. Speaking up against genocide should be lifted up, not slammed with felony charges. Palestinians deserve safety and dignity," said Rep. Rashida Tlaib.
May 05, 2025
Advocates for student protesters and other critics of the U.S.-backed Israeli assault on the Gaza Strip celebrated on Monday after Michigan Attorney General Dana Nessel dropped all charges against seven people arrested last year at the University of Michigan amid allegations of bias that the Democrat rejected.
"When my office made the decision to issue charges of trespassing, and resisting and obstructing a police officer, in this matter, we did so based on the evidence and facts of the case. I stand by those charges and that determination," Nessel said in a statement. She then took aim at Ann Arbor District Judge Cedric Simpson.
"Despite months and months of court hearings, the court has yet to make a determination on whether probable cause was demonstrated that the defendants committed these crimes, and if so, to bind the case over to circuit court for trial, which is the primary obligation of the district court for any felony offense," she said. "During this time, the case has become a lightning rod of contention."
Nessel is Jewish, and on May 2, the Jewish Federation of Greater Ann Arbor submitted to the court a letter defending her against accusations of bias. The attorney general cited the letter in her new statement.
"Baseless and absurd allegations of bias have only furthered this divide," Nessel said. "The motion for recusal has been a diversionary tactic which has only served to further delay the proceedings. And now, we have learned that a public statement in support of my office from a local nonprofit has been directly communicated to the court. The impropriety of this action has led us to the difficult decision to drop these charges."
"These distractions and ongoing delays have created a circus-like atmosphere to these proceedings," she continued. "While I stand by my charging decisions, and believe, based on the evidence, a reasonable jury would find the defendants guilty of the crimes alleged, I no longer believe these cases to be a prudent use of my department's resources, and, as such, I have decided to dismiss the cases."
The defendants—Oliver Kozler, Samantha Lewis, Henry MacKeen-Shapiro, Michael Mueller, Asad Siddiqui, Avi Tachna-Fram, and Rhiannon Willow—had pleaded not guilty. The Detroit Free Pressreported that one of Nessel's deputies, Robyn Liddell, made the motion to dismiss the case and the defendants "hugged each other, smiled, and posed for a photo with their attorneys in the courtroom."
According to the newspaper:
The courtroom was packed with spectators, many of them wearing keffiyehs. They burst into applause at the decision and began chants of "Free Palestine."
Amir Makled, who represented Lewis, said the charges never should have been brought.
"This was not about trespass, this was not about a felony conduct," Makled said. "This was the criminalization of free speech, and today, the state of Michigan agrees."
State Rep. Dylan Wegela (D-26) said on social media Monday: "This is great news. It takes courage to stand up for what is right. The charges should have never been pursued in the first place. I'm glad the students maintained their innocence and didn't accept a plea deal."
Congresswoman Rashida Tlaib (D-Mich.) similarly declared, "Good news for our university student communities!"
"Our First Amendment rights should never be criminalized," added Tlaib, the only Palestinian American in Congress. "Speaking up against genocide should be lifted up, not slammed with felony charges. Palestinians deserve safety and dignity."
Union organizer Anne Elias said that "this prosecution was wrong and I think public pressure on Dana Nessel worked. I feel such relief for our students and community members, as this was a complete surprise for them today."
"[Democrats] largely own this mess, and we must identify the political entanglements—[especially] with President Ono resigning," Elias added, referring to Santa Ono, who is on track to leave his post at the University of Michigan to lead the University of Florida.
In addition to coming under fire for this case, Nessel was criticized late last month for raids of pro-Palestine student organizers' homes that her office said were "not related to protest activity on the campus of the University of Michigan," but "in furtherance of our investigation into multijurisdictional acts of vandalism."
Keep ReadingShow Less
Most Popular