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ACLU Investigation: Border Patrol Harasses And Racially Profiles in Southern New Mexico

  LAS CRUCES, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico Regional Center for Border Rights (RCBR) released the results of an investigation detailing over fifty complaints in which U.S. Customs and Border Protection officers allegedly harassed and/or racially profiled New Mexicans living inside the 100-mile zone north of the U.S.-Mexico border. The RCBR’s report, Guilty Until Proven Innocent: Living in New Mexico’s 100-Mile Zone, details disturbing evidence that Border Patrol agents:

  • Abuse innocent residents who are doing nothing more than going about their daily lives.
  • Racially profile innocent border residents, making our communities less safe and sowing mistrust in the community.
  • Put the health, safety, and dignity of border residents at risk by stopping ambulances and patrolling through health centers in violation of their own policy.

“We found that Border Patrol agents routinely treat New Mexicans as ‘guilty until proven innocent’ in the very communities they call home,” said RCBR Border Policy Strategist Brian Erickson. “This discriminatory policing of New Mexican communities not only offends American values of fairness and equality, but it makes us all less safe by making victims and witnesses of crimes afraid to come forward.”
Currently, the Border Patrol claims incredible authority to stop, question, and search residents up to 100 miles away from the border and enter private property without a warrant up to 25 miles from the border based on outdated regulations established without debate. The Department of Justice also recently exempted Border Patrol from profiling guidance, allowing the agency to write its own rules as to when, how and where their agents should be allowed to racially profile. The RCBR’s investigation produced evidence that Border Patrol checkpoints and roving patrols in the 100 mile zone are often used to harass locals—mostly U.S. citizens—who look or sound “foreign.”

“Border Patrol should be on the border, not harassing community members and preventing them from safely and freely going to work, attending school or running errands,” said Erickson. “We are asking New Mexicans to sign a petition asking Senators Udall and Heinrich to push in Washington for greater oversight and accountability of Border Patrol—part of our nation’s largest police force. New Mexicans value diversity, fairness and refuse to tolerate discrimination by law enforcement. Congress and the President should hold Border Patrol accountable to the same standards and reforms as local police to restore trust and transparency.”

For more information, read the full report, case studies, and watch video interviews with southern New Mexico residents at: www.aclu-nm.org/guiltyuntilproveninnocent

View the petition to Senators Heinrich and Udall.

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The ACLU of New Mexico Regional Center for Border Rights stands with border communities to defend and protect America’s constitutional guarantees of equality and justice for all families to live freely, safely and with dignity.