Border Patrol Agents Under Fire in HRW Report for Denying Asylum, Expelling Families to Danger

Border Patrol agents in the U.S. have been accused of denying asylum access to Mexican families fleeing violence, according to a new Human Rights Watch (HRW) report.

These actions reportedly violate both U.S. and international human rights laws, which guarantee the right to seek asylum and humane treatment while in government custody. HRW's findings are based on interviews conducted in October 2024 with 40 Mexican asylum seekers who were expelled to Nogales, Mexico.

"Once these Mexican asylum seekers turned themselves in, Border Patrol agents were often abusive and seemed unwilling to follow US and international human rights law," said Vicki B. Gaubeca, border policy director at Human Rights Watch in a statement. "Border Patrol agents either ignored asylum seekers concerns, telling them that asylum no longer exists in the United States, or bullied them into silence."

The report highlights that Border Patrol agents often dismissed or ignored asylum seekers' concerns, with some stating that agents claimed, "asylum no longer exists in the United States," or intimidated them into silence. In many cases, individuals were subjected to degrading treatment, including the removal of shoelaces and drawstrings from clothing, under the guise of preventing self-harm.

HRW documented that only two families out of the 40 interviewees were referred to asylum officers, the initial step in the asylum process. Of these, only one family reached an immigration judge, but both were ultimately deported. The majority of those interviewed said they explicitly expressed fears for their safety or stated their intention to seek asylum, but their concerns were either dismissed or ignored.

"Border Patrol is treating asylum seekers as if they were the biggest enemies of the state and are completely dehumanizing them," said Dora Rodriguez, director of immigration advocacy and nonprofit Salvavision to HRW. "I have never witnessed this level of cruel treatment. I think it is happening because Biden's policies are giving them the impression that they need to be cruel. There is absolutely no accountability.... At a minimum, the US should provide compassionate treatment and deport people with dignity."

The Biden administration's 2024 Interim Final Rule on asylum further complicates access since it suspends asylum eligibility when daily border crossings exceed specific thresholds. Under these regulations, asylum seekers must independently articulate an imminent and extreme threat to their safety to qualify for exceptions.

Critics argue that the criteria are narrower than the "well-founded fear of persecution" standard in existing U.S. law. Mexican arrivals, in particular, face significant challenges as they are returned directly to a country where they fear harm, without exceptions previously granted under older policies.

Human Rights Watch has called on both the Biden administration and the incoming Trump administration to prioritize humane treatment for asylum seekers, emphasizing the importance of training Border Patrol agents to uphold the rights of individuals seeking refuge and to ensure that all communication is conducted in a language they understand. Gaubeca is especially cautious about the immigration polices laid out by the president-elect come January:

"The incoming Trump administration has signaled an intention to run roughshod over US laws enshrining the right to asylum. We encourage the incoming administration to instead focus on the humanity of asylum seekers; we challenge them to acknowledge that the US has been strengthened and made vibrant by immigrants, and that both US and international law affords people the right to seek asylum and to be treated with dignity."