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Home News Government

Whistleblowers Allege U.S. Customs and Border Protection Illegally Turned Away Asylum-Seekers

Ana PopovichbyAna Popovich
October 5, 2020
in Government, News
Reading Time: 2min read
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U.S. customs and border protection
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Whistleblowers filed a claim in federal court, alleging that U.S. Customs and Border Protection (CBP) knowingly broke the law “when it began turning away asylum-seekers at the southern border,” according to a September 18 KPBS article.

The federal filings “are part of a class-action lawsuit that centers on the thousands of asylum-seekers who have been turned away at Ports-of-Entry across the southern border since late 2016.” Whistleblowers allege that an illegal “policy” exists within CBP: asylum-seekers are allegedly “told to put their names on a list” and await further instructions in border cities, “even if they feared for their safety there.”

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CBP has stated that the organization “simply didn’t have the capacity to process” multiple asylum-seekers per day, but the whistleblowers behind the filings allege that “CBP was breaking the law and the Department of Homeland Security (DHS) leadership knew it,” according to KPBS. A CBP agent working in Tecate who blew the whistle said that “asylum-seekers were being turned away, even though there were available beds and agents to process them,” according to KPBS. In their deposition, the whistleblower stated that agents were “instructed” to lie to asylum-seekers when turning them back.

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“Unlike their characterization of events, it wasn’t just a few bad apples, it wasn’t just a few officers who were turning away asylum-seekers, it actually was a policy and practice that was directed from the highest levels,” said Erika Pinheiro, staff attorney with one of the plaintiffs Al Otro Lado, of CBP’s practices. “The point of all the turnaways was to slow the flow of asylum-seekers, to try to reduce the number of asylum-seekers crossing the southern border,” Pinheiro said. “And they knew that they couldn’t just write that out, because it’s just an incredibly clear violation of the law.”

Pinheiro told KPBS that the whistleblowers’ stories align with the changing leadership of the Trump administration’s DHS. “This isn’t a rogue agency at this point. They don’t care about checks put on them by congress or the courts, and they’ve been deployed politically by this administration to shut off all immigration to the United States, but specifically asylum in the United States,” Pinheiro said.

The filing “calls for a summary judgment in favor of the plaintiffs, many of whom are still waiting for asylum in Mexico,” according to KPBS. Currently, a hearing in the federal court is scheduled for December in San Diego.

Tags: department of homeland securityDHS Whistlebloweru.s. customs and border protection
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Ana Popovich

Ana Popovich

Ana Popovich is a contributing editor with Whistleblower Network News, where she writes about breaking whistleblower news, healthcare fraud whistleblowers, and Covid-19 fraud whistleblowers. Ana has a B.A. in English from Georgetown University. While at Georgetown, she was the marketing chair of an affinity group and wrote content for the McDonough School of Business’ Business for Impact program. In 2018, Popovich was a public interest legal intern at the whistleblower law firm Kohn, Kohn and Colapinto. 

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