Enforced Disappearance as a Border Management Tool: The Case of Border Patrol Detentions of Immigrant and Asylum-Seeking Families in the United States

Abstract

Executive Summary This study examines the experiences of international migrants and asylum-seeker families recently released from the custody of the United States Border Patrol (BP) to assess their ability to make phone calls while in BP detention. The focus on phone access is critical to determining whether respondents experience enforced disappearance under international law, given that BP custody is usually incommunicado. To determine whether some BP detainees experience enforced disappearance in custody, authors collected and analyzed data from 117 respondents using a novel questionnaire. Respondents were heads of families. These families consisted of at least one adult and at least one minor child who were released to a non-profit short-term shelter in the United States (U.S.). Findings show that 78 percent of the respondents who were in BP custody experienced an enforced disappearance because they were not able to make phone calls and there was no reliable publicly accessible locator system to otherwise locate them. While this study provides critical context to how one distinct group of individuals released from BP custody (i.e., families released into the U.S.) experienced enforced disappearance, we note the importance of future studies that assess the situation of additional groups, including single adults released from BP into the U.S. and groups and individuals forced back (typically) to Mexico upon release from BP custody. We discuss policy recommendations to mitigate and prevent continued enforced disappearances in BP custody and to prevent additional human rights violations that are facilitated by enforced disappearance, including the right to access counsel, the right to due process, the right to seek asylum, the right of non-refoulment, and that may constitute a grave threat to the right to life.

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