The Border Issues Legal Team provides representation to clients in cases of misconduct and abuse arising out of immigration law enforcement activities in the Texas border region.
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Useful Publications
- American Civil Liberties Union (ACLU) Publication “Know Your Rights: What to Do if You’re Stopped by the Police, the FBI, the INS, or the Customs Service”
- In English in Adobe Acrobat
- In Spanish in Adobe Acrobat
- In Arabic in Adobe Acrobat
Laws
- United States Constitution courtesy of the National Archives and Records Administration
- Immigration and Nationality Act the basic body of immigration law. Courtesy of the U.S. Citizenship and Immigration Service
- Federal Tort Claims Act provides a limited waiver of the federal government’s sovereign immunity when its employees are negligent within the scope of their employment
- 28 U.S.C. 1346 (U.S. As Defendant)provides that the government can be sued in circumstances where the U.S., if a private person, would be liable to the claimant. Courtesy of the Cornell Legal Information Institute
- 28 U.S.C. 2671-2680 (Tort Claims Procedure) courtesy of the Cornell LII
- Bivens v. Six Unknown Federal Narcotics AgentsSupreme Court case that established a cause of action for unconstitutional acts by federal agents. Courtesy of the ‘Lectric Law Library
- U.N. Standard Minimum Rules for the Treatment of Prisoners the rules set out what is “generally accepted as being good principle and practice” in the treatment of prisoners and the management of institutions
Federal Agencies
- Department of Justice (DOJ)
- Bureau of Justice Statistics provides reports and statistics on all aspects of crime and criminal justice
- Civil Rights Division enforces federal laws prohibiting exclusion and discrimination
- Executive Office for Immigration Review administers federal immigration laws and regulations
- Freedom of Information Act (FOIA) Site provides instructions on making FOIA requests and links to the FOIA web sites of other federal agencies
- Bureau of Citizenship and Immigration Services
- National Drug Intelligence Center federal center for domestic counter-drug intelligence
- National Institute of Justice researches criminal controversies and justice issues
- National Criminal Justice Reference Service clearinghouse for information concerning criminal justice and drug control
- Office of the Inspector General (OIG) enforces criminal and civil laws, regulations, and ethical standards within the DOJ
- U.S. National Central Bureau of Interpol federal point of contact for international law enforcement
- Department of State
- Bureau of Consular Affairs provides consular services to U.S. citizens abroad
- Bureau of Population, Refugees, and Migration formulates refugee policies and administers U.S. refugee assistance and admissions programs
- Consular Notification and Access site lists laws and guidelines concerning the interaction between foreign nationals and consular officials
- Office of the Inspector General responds to reports of waste, fraud, abuse, or mismanagement within the Dept. of State
- Department of Health
- Administration for Children and Families Office of Refugee Resettlement provides information on all aspects of refugee resettlement in the U.S.
- U.S. Commission on Civil Rights independent federal agency investigating violations of civil rights and providing policy recommendations
- Office of Government Ethics responsible for preventing conflicts of interest on the part of government employees
State Agencies
- Department of Criminal Justice
- Department of Public Safety
- Office of the Attorney General
- Secretary of State
- Border and Mexico Affairs t he Secretary of State is the governor’s lead liaison for Mexico and border affairs
- Texas/Mexico Borderlands Information Centerprovides environmental, meteorological, and census information for both sides of the border. Sponsored by the Texas Water Development Board
Mexican Governmental Agencies
- Precisa web portal providing access to most federal and state government resources
- Presidencia de la Republica internet system of the Mexican Presidency
- IME Instituto de los Mexicanos en el Exterior
- Secretaría de Gobernacion (Secretary of the Interior) the Secretary is responsible for public security and for reviewing visa and work permit applications
- Secretaría de Relaciones Exteriores (Ministry of Foreign Affairs) coordinates Mexico’s foreign policy and international relations
- El Programa Paisano Mexico’s new program to provide support and assistance to Mexicans living abroad. Provides useful information about the rights and responsibilities of people of Mexican descent in entering and exiting the country
- Comision Nacional de Derechos Humanos (National Commission on Human Rights)
United Nations
- U.N. High Commissioner for Human Rights international humanitarian organization
- U.N. High Commissioner for Refugees
- Relief Web provides updates on relief efforts for natural disasters and a directory of humanitarian organizations worldwide. A service of the U.N. Office for Coordination of Humanitarian Affairs
Intergovernmental Organizations
- Inter-American Commission on Human Rights of the Organization for American States (OAS)includes text of many OAS human rights documents and reports
Embassies and Consulates
- EmbassyWorld.com directory and search engine of the world’s embassies and consulates
- Mexican Consulates in the U.S. and Canada
- Consulate General of Mexico in Austin
- Consulate General of Mexico in Houston
- Consulate General of Mexico in San Antonio
- Embassy of Columbia in the U.S.
- Consulate General of Columbia in Houston
- Embassy of Ecuador in the U.S.
- Embassy of El Salvador in the U.S.
- Embassy of Honduras in the U.S.
- The Royal Thai Embassy in the U.S.
- Embassy of the Socialist Republic of Vietnam in the U.S.
- Links to U.S. Embassies and Consulates Worldwide
- U.S. Embassy in Mexico
- U.S. Embassy in Guatemala
Mexico
Columbia
Ecuador
El Salvador
Honduras
Thailand
Vietnam
U.S. Embassies and Consulates Abroad
Legal Resources
- American Bar Association Coordinating Committee on Immigration Law and Center for Immigration Law and Representation these groups lead the ABA’s efforts to safeguard the rights of immigrants and refugees
- ABA Immigration Pro Bono Development Project/Bar Activation Programworks with national, state, and local bar to promote immigrants’ equal access to the justice system
- American Civil Liberties Union Immigrants’ Rights Projectsite includes information about expedited removal, judicial review, mandatory detention, and workers’ rights
- American Civil Liberties Union of Texas, Inc.works to protect the rights of all Texans through litigation, legislation, education, and direct action
- American Immigration Lawyers Associationnational association of attorneys who practice or teach immigration law
- The Immigration Portaluseful commercial site that features a search option to locate immigration lawyers on the internet by name, location, or specialty
- Lawyers’ Committee for Civil Rights Under Law of Texas Immigrant and Refugee Rights Project statewide project promoting the civil rights of immigrants and refugees through litigation, public advocacy, and legal support for other immigrants’ rights advocates
- Human Rights First (formenrly Lawyers Committee for Human Rights) protects and promotes the rights of refugees, asylum-seekers, and workers
- Mexican American Legal Defense and Educational Fund (MALDEF) national civil rights organization promoting the rights of Latinos living in the U.S.
- Asian American Justice Center advocates for the rights of Asian Americans
- National Immigration Law Center (NILC) support center protecting and promoting the rights of low-income immigrants and their families
- Immigration Law and Policyf>eatures articles about recent developments in immigration law and policy, originally published in the NILC newsletter “Immigrant Rights Update”
- National Lawyers Guild
- National Lawyers Guild National Immigration Project network of legal advocates working to end unlawful immigration practices and to expand the civil and human rights of all immigrants
- National Lawyers Guild National Police Accountability Project project to curtail police abuses of authority
- Political Asylum Project of Austin provides free or low-cost legal services to immigrants and refugees in Central Texas
- Texas Civil Rights Project/South Texas Project statewide organization promoting social, racial, and economic justice through education and litigation
Research and Information
- Association for Borderland Studies University of Arizona-based research organization dedicated to the comparative study of international boundaries and border regions
- Border Information and Outreach Service (BIOS) provides information and analysis concerning U.S.-Mexico border relations and conditions within the border region. Site includes a library index and extensive publications, resources, and links
- Center for Immigration Research at the University of Houston studies current immigration trends and the settlement patterns of immigrants
- Center for Migration Studies of New York provides research and education on all aspects of human migration and refugee movements. Site includes a searchable library of texts concerning migration, refugees, and ethnic groups
- Center for Research in International Migration and Ethnic Relations (CEIFO)Stockholm University-based center for research on international migration, ethnicity, nationalism, xenophobia and racism, ethnic relations, immigration policies, and refugee issues
- Instituto Nacional de Estadística, Geografía (INEGI) (National Institute on Statistics, Geography) clearinghouse for statistical information about Mexico
- International Relations Center (IRC) research and policy studies center focusing on U.S. foreign policy and U.S.-Mexico cross-border relations
- International Center for Migration, Ethnicity, and Citizenship provides research and policy analysis concerning international migration, refugees, and the incorporation of newcomers. Based at the New School for Social Research in New York
- International Migration/Migracion Internacional a private website that includes official U.S. and Mexican documents relevant to migration and extensive links to migration-related resources. Maintained by Daniel Hernandez Joseph, a member of the Mexican foreign service
- Latin American Network Information Center directory of Latin American organizations and resources on the internet. Courtesy of the University of Texas at Austin
- Mexican Migration Project a bi-national effort to gather social and economic information on Mexican-U.S. migration. The site contains extensive data on all aspects of migration. Sponsored by the University of Pennsylvania
- National Conference of State Legislatures Immigrant Policy Project addresses the role of state and local governments in the resettlement of immigrants and refugees
- U.S. Commission on Immigration Reform: Mexico/United States Binational Study on Migration provides access to migration research and reports prepared by scholars in the U.S. and Mexico
- “Border Control: Revised Strategy is Showing Some Positive Results” 1994 GAO Letter Report evaluating the success of Border Control efforts along the U.S.-Mexico border
- “Human Rights Concerns in the Border Region with Mexico” 1998 report from Amnesty International
- “Illegal Immigration and Enforcement Along the U.S.-Mexico Border: An Overview”2001 article by Pia Orrenius of the Federal Reserve Bank of Dallas
- “Immigration and Human Rights on the U.S.-Mexico Border”article appearing in In Motion magazine, September 17, 1997
- “Immigration Law Enforcement and Human Rights”November 1998 issue of Borderlines Magazine
- “The Militarization of the U.S.-Mexico Border”article appearing in In Motion magazine
- “Shielded from Justice: Police Brutality and Accountability in the U.S.” report from Human Rights Watch
National and International Advocacy Organizations
- American Friends Service Committee
- American Friends Service Committee Immigrant's Rights page
- Mexico-U.S. Border Program addresses problems caused by the economic and social inequalities between Mexico and the U.S.
- Immigration Law Enforcement Monitoring Project assists border communities in challenging abuses of authority in the enforcement of immigration laws
- Maquiladora Project works to improve the working and living conditions of workers in maquiladoras along the border
- Amnesty International USA
- Amnistia Internacional, Seccion Mexicana the Mexican section of Amnesty International
- Refugee Issues project to promote the rights of refugees and asylum seekers
- Derechos - Human Rights internet-based human rights organization focusing on human rights in Latin America. Includes an extensive directory of NGOs worldwide
- Human Rights Watch
- Briefing on U.S.-Mexico Ties includes information about Border Patrol abuses and migrant border deaths
- Immigration and Refugee Services of America provides education and assistance to help immigrants and refugees resettle in the U.S.
- International Rescue Committee provides assistance to individuals fleeing persecution or those uprooted by war or violence
- National Conference of Catholic Bishops, Migration and Refugee Services coordinates support and assistance programs to resettle nearly ¼ of all refugees admitted to the U.S. each year
- National Immigration Forum builds support for public policies that are fair and supportive to immigrants and refugees
- National Network of Immigrant and Refugee Rights alliance and clearinghouse of regional and community-based immigrants rights organizations
- Sin Fronteras Mexico City-based organization advocating for the rights of migrants and refugees and providing them with social and legal support
- Southeast Asia Resource Action Center assists Southeast Asian immigrants and refugees in resettling in the U.S.
- U.S. Committee for Refugees advocates for the rights of refugees and asylum seekers
- U.S.A. for the U.N. High Commissioner for Refugeesbuilds support in the U.S. for the humanitarian work of the UNHCR and its partners
News
- Borderlines Magazine monthly bulletin providing analysis of U.S.-Mexico border issues and the cross-border U.S.-Mexico relationship. Each issue focuses on a single topic. Published by the Border Information & Outreach Service (BIOS) of the Interhemispheric Resource Center
- Migration News monthly summary of recent developments in immigration and immigrant integration. Published by the University of California at Davis
- Rural Migration News quarterly summary of recent developments in immigration affecting rural areas of the U.S. Published by the University of California at Davis
The Individual Rights: Border Rights Team
Misconduct and abuse cases include incidents of racial and ethnic profiling; unlawful searches; wrongful detention, arrest, or deportation; and excessive use of force. Cases arise out of incidents at Ports of Entry, Border Patrol checkpoints, Border Patrol traffic stops, and airports and bus terminals. Incidents also occur in residential neighborhoods and near churches, schools, and other public places.
Reporting Abuse by Border Agents
If you have been mistreated by an immigration law enforcement agent, there are several potential remedies available to you. To learn more about these legal remedies, please call or visit your nearest Texas RioGrande Legal Aid office.
If your complaint is minor, you may consider filing an informal complaint with the agency involved. Information about filing an informal complaint with the Department of Justice, Office of the Inspector General (concerning both Border Patrol and INS enforcement); the Immigration and Naturalization Service, Office of Internal Audit; or the Customs Services, Office of Internal Audit; is listed below.
For anything other than a minor complaint, you should consult an attorney before filing a complaint with the agency involved. After consulting an attorney, you may decide to file an informal complaint, as described below, or to consider formal legal action.
It is important to act quickly when you have experienced law enforcement abuse or misconduct. Because memories fade over time, it is important to investigate an incident as quickly as possible after it has occurred. All legal claims have time limits. Once the time limit for bringing a legal claim has passed, you will not be able to bring your case in court.
In order to file a lawsuit for damages against the United States government, you must first file an administrative claim for damages under the Federal Tort Claims Act within two years of the incident. This administrative claim is usually filed on Standard Form 95. A “Bivens” action, or lawsuit for damages against the individual agent or agents involved in the incident, is also an option. Both of these types of lawsuits may be complicated, and it is important to have an attorney experienced in this area of the law to represent you.
Of course, all border residents may contact their Congressional representative regarding complaints about immigration law enforcement misconduct or abuse. Because your representative is your official voice within the federal government, you representative’s office may contact the agency involved in the incident on your behalf.
General Info: Standard Form 95 Department Of Justice form used to present claims against the United States under the Federal Tort Claims Act for property damage, personal injury, or death allegedly caused by a federal employee’s negligence or wrongful act or omission within the scope of his or her employment. In Adobe Acrobat
Immigration and Naturalization Service (INS): I-847 “Report of Complaint” in Adobe Acrobat
Department of Justice (DOJ): Office of the Inspector General Office of the Inspector General (OIG) enforces criminal and civil laws, regulations, and ethical standards within the DOJ.
Customs Service : Office of Internal Affairs The Office of Internal Affairs is responsible for ensuring the internal security, safety, and integrity of Customs operations. It investigates possible misconduct or criminal activity by Customs employees and inspects Customs operations for effectiveness and improvements. The Customs Service does not have official complaint forms; those with allegations of abuse or misconduct should detail their complaints in writing and send them to one of the following addresses:
East Texas |
South Texas |
West Texas |
National Headquarters |
Texas Organizations that May Provide Representation in a Law Enforcement Abuse Case:
ACLU of Texas, Inc. |
Texas Civil Rights Project – South Texas Project |
| MALDEF – San Antonio 140 E. Houston St., Suite 300 San Antonio, Texas 78205 Phone: (210) 224-5476 Fax: (210) 224-5382 |
Texas Civil Rights Project |
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