Immigration Lawsuit Claims Border Patrol Destroyed Evidence

An attorney for an immigrants rights group claims in an immigration lawsuit that U.S. Border Patrol agents destroyed evidence showing that the agency held immigrants in unsafe and unclean cells. Harold McElhinny told U.S. District Court Judge David Bury that the agency showed “reckless disregard” by recording over video files that showed the conditions in which it held illegal immigrants. The immigration lawsuit claims that the immigrants were held in “unconstitutional conditions of confinement.”

Details of the Immigration Lawsuit

The immigration lawsuit stems from claims that Arizona Border Patrol agents held immigrants in unsanitary cells for days on end. The temporary cells were intended to hold immigrants for up to twelve hours, while they waited to be transferred to permanent detention centers. The immigration lawsuit called for the Border Patrol to preserve video files showing the conditions under which the immigrants were detained. A representative for the agency admitted that agents re-used many of the tapes, recording over evidence that should have been preserved.

Immigration Lawsuit Cites Poor Conditions

The immigration lawsuit asserts that the temporary cells are “overcrowded and filthy” and the cell’s “lights (are) glaring day and night.” The suit also alleges that immigrants lack proper food, water, bedding, and medical care during their detainment. The immigration lawsuit also claimed that detainees lacked blankets and insulating clothing to protect themselves from the “brutally cold temperatures” at night in the Arizona desert. Detainees often spend several days in such conditions until they can be transferred, deported, or released.

Immigration Lawsuit Blames Border Patrol

Mr. McElhinny told Judge Bury that the Border Patrol “willfully” destroyed evidence related to the immigration lawsuit. While immigrant advocacy groups were relying on the video evidence to show the conditions detainees endured, they must now rely on eyewitness testimony. Last month, Judge Bury issued a court order demanding that agents at the Tucson facility maintain video records of the detainees’ holding cells. Judge Bury has yet to set a date to hear the newest complaint in the immigration lawsuit.

Border Patrol Cites Low Funds In Immigration Lawsuit

Assistant U.S. Attorney General Sarah Fabian responded to some of the claims in the immigration lawsuit regarding the lack of recordings. She claimed that Border Patrol has been keeping “the maximum amount of video possible based on current capacity.” However, some of that capacity has been recorded over for other purposes, including “current video footage for the protection of officers and staff.” She stated that the agency received $10,000 in emergency funds to increase the site’s data storage capacity, and needs an extra $5,000 every quarter to maintain its current video records.

Source: Arizona Capitol Times

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NOTE: This post is a news story and does not imply an endorsement of Arguello Law Firm by the U.S. Border Patrol, any other government agency, or any other concerned parties.