Things That Matter

A Guatemalan Teen Died In Border Patrol Custody And Now Graphic New Video Shows His Last Hours

When 16-year-old Guatemalan Carlos Gregorio Hernandez Vasquez died six days after arriving at South Texas processing center, Customs and Border Protection released their version of events. Now, an uncovered ProPublica video reveals a different version. 

When Carlos died in May, acting Customs and Border Protection commissioner John Sanders said an agent found Carlos “unresponsive” after checking on him. However, ProPublica acquired a video of Carlos’ last hours that dispute he was provided with adequate healthcare. 

Carlos is the sixth migrant under 18 years old to die in federal custody under the Trump administration, according to the New York Times. Here’s what really happened.

Hours before he died, Carlos had a fever of 103 degrees, according to records.

The day before he died, a nurse instructed authorities to check on the 16-year-old in a couple of hours and said he should be taken to the emergency room if his sickness worsened. They did not follow the orders. Carlos was diagnosed with the flu, fearing he would contaminate other migrants agents moved into a quarantine cell. The next morning another sick boy in the cell found him dead.

The video shows that Carlos was visibly incredibly ill. It shows that the only way you couldn’t have noticed this teenage boy needed urgent care was if you were willfully ignoring him.

“The cellblock video shows Carlos writhing for at least 25 minutes on the floor and a concrete bench. It shows him staggering to the toilet and collapsing on the floor, where he remained in the same position for the next four and a half hours,” according to ProPublica. 

ProPublica referred to a Border Patrol “subject activity log” where it said an agent checked on him three times on the morning of his death but reported nothing out of the ordinary. The article suggests that “agent charged with monitoring him failed to perform adequate checks, if he even checked at all.” 

ProPublica believes the video disputes CBP’s account of Carlos’ death. 

The security video shows that it was Carlos’ cellmate who discovered his body, not any agents doing a welfare check, as CBP alleged in their press release. The video shows no welfare checks taking place at all. However, ProPublica discovered a four-hour gap of missing footage that coincides with the times an agent reported doing the welfare checks. CBP would not comment. A coroner heard secondhand that an agent may have checked by looking through the cell window. 

“On the video, the cellmate can be seen waking up and groggily walking to the toilet, where Carlos was lying in a pool of blood on the floor. He gestures for help at the cell door. Only then do agents enter the cell and discover that Carlos had died during the night,” ProPublica described. 

When ProPublica reporters asked Department of Homeland Security if cell footage of Carlos’ final hours were shown on the live video monitors, they would not comment. 

“While we cannot discuss specific information or details of this investigation, we can tell you that the Department of Homeland Security and this agency are looking into all aspects of this case to ensure all procedures were followed,” CBP spokesperson Matt Leas said.

Medical experts condemn the circumstances of the teenager’s death. 

“Why is a teenaged boy in a jail facility at all if he is sick with a transmissible illness? Why isn’t he at a hospital or at a home or clinic where he can get a warm bed, fluids, supervised attention and medical care? He is not a criminal,” said Dr. Judy Melinek, a forensic pathologist that reviewed Carlos’ death records

The New York Times notes the tens of millions of dollars have been funneled into migrant healthcare, with medical practitioners near the southwestern border increasing over tenfold. However, an examination by the paper found that most Border Patrol facilities in the area are insufficient in their ability to asses migrant health, despite years of internal warnings on the matter. 

“Flu can progress rapidly, but it’s not like a heart attack. Even when fast, it worsens over a period of hours. There should have been signs that indicated he needed to go to the hospital,” Dr. Joshya Sharfstein, who works at Johns Hopkins Bloomberg School of Public Health said.

Former commissioner Sanders has since resigned and expressed remorse over the situation blaming the largely Democratic Congress for being “unresponsive” — not necessarily the Trump administration for the problem, according to ProPublica

“I really think the American government failed these people. The government failed people like Carlos,” he said. “I was part of that system at a very high level, and Carlos’ death will follow me for the rest of my life.”

Carlos’ death was not entirely in vain. The loss of his life prompted new regulations for Border Patrol agents which require they physically enter the cells of sick detainees, conduct regular welfare checks, and take their temperatures.

ICE Subpoenas Denver Officials Requesting Info On Undocumented Migrants But State Lawyer Says They’re Not Valid

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ICE Subpoenas Denver Officials Requesting Info On Undocumented Migrants But State Lawyer Says They’re Not Valid

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It is the right, under the constitution, of state and local governments, including law enforcement, to refuse to cooperate with federal law. In other words, if the federal government issues a mandate, local officials do not have to comply. That is why some cities abide by Sanctuary policies to protect undocumented immigrants that are being persecuted by government agencies such as U.S. Immigration and Customs Enforcement (ICE). However, ICE isn’t bowing down to the constitution and is taking matters to the courts. 

Earlier this week, Homeland Security has issued a subpoena to Denver law enforcement to get information on three Mexican nationals and one Honduran who were previously in custody. 

“Since we have no cooperation at the Denver justice center, we are modifying our tactics to produce information,” Henry Lucero, deputy executive associate director for ICE’s Enforcement and Removal Operations, said, according to the Associated Press

According to the AP, Denver officials have 14 days to respond to the subpoena in three of the cases, but in the other, they have three days to respond. ICE officials allege that all four foreign nationals have been in jail for sexual assault and child abuse and have been previously deported.

“In the past, we had full support. We collaborated in the interest of public safety,” Lucero added. “This is a drastic change. And one ICE is forced to do and puts other agencies on notice that we don’t want this to happen. We want to protect the public.”

Officials at the Denver mayor’s office said they would not comply with the demands of ICE because the paperwork issued by ICE are not proper subpoenas but rather administrative forms and not legal document signed by a judge. 

“The documents appear to be a request for information related to alleged violations of civil immigration law,” Chad Sublet, Senior Counsel to the Department of Safety in Denver, wrote, according to Time magazine. “Based on these facts, we are denying your request.”

Sublet also said that Denver officials have collaborated with ICE on information previously with other requests. He showed documentation that proves Denver responded to “88 requests by ICE between October and December of last year.”

Despite the support of local officials of Sanctuary policies, the majority of those cities have been struck by ICE as they have conducted numerous raids there, including in Denver. 

Cities including Los Angeles, New York, and Chicago all have protections in place for undocumented people, but that has only fueled ICE to conduct raids there and elsewhere. Last year in September, ICE conducted raids in Colorado and Wyoming and, within four days, arrested 42 undocumented immigrants. 

“It is our belief that state sanctuary policies [do] not keep the community safe,” John Fabbricatore, the acting director of the Denver ICE field office, said last year, according to KDVR news. 

“We don’t believe deportation is ever the answer to what criminal activity might be going on,” Jordan García, with the Colorado Rapid Response Network, said in response to the raids

In 2017, Denver Mayor Michael Hancock signed a law that stated law officials would not comply with ICE in any capacity. 

The Denver Public Safety Enforcement Priorities Act was first signed unanimously by the Denver City Council, which was then signed by Mayor Hancock. The mandate “bans city officials from asking an arrested individual’s immigration status.”

While some city officials have prohibited the collaboration between local officials and federal agencies, that has not stopped some from working with ICE to arrest undocumented immigrants. 

Last year in September, the Milwaukee Police Department assisted ICE agents in the detainment of a local resident who was undocumented. Even though Milwaukee does not have a Sanctuary policy in place, Police Chief Morales had previously said a year before they would not collaborate with ICE. 

“I promised to bring back the public trust,” Morales said in 2018. “My job is to bring (back) trust from the community and work with them; my job is not to go out and enforce those types of laws.”

Those statements are why people were outraged that local Milwaukee officers assisted ICE in the detainment of an undocumented father. 

“Chief Morales is gonna love to see police collaborating with ICE,” a bystander said last year as he witnessed ICE and local police working together during that arrest. The Mayor of Milwaukee and police stood on the same grounds that police would “not inform federal immigration officials of whereabouts or behavior of any suspect illegal immigrant.” However, that’s only if a person has never been arrested for a serious crime. 

READ: Woman Records Scene Inside Family Car As ICE Pulls Husband Out While Daughters Cry And Scream

This Mother Was Allowed Into The US With Her Daughters But Her Partner And Son Were Forced To Stay In Mexico, Now They’re Suing

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This Mother Was Allowed Into The US With Her Daughters But Her Partner And Son Were Forced To Stay In Mexico, Now They’re Suing

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Remember their names: Maudy Constanza  and Hanz Morales. They are two Guatemalans who are suing the United States to keep their family together (they have two daughters who are with Constanza in the United States and one son, aged 9, who was returned to Mexico with Morales).

The recent crackdown on undocumented migrants and refugees under the Trump administration has produced all sorts of stories of broken homes, crushed dreams and near impossible survival. Chief among the many controversial steps that the government has taken in the last two years is the set of policies and transnational deals that have led many undocumented migrants to deportation.

The influx of migrants and asylum seekers into the United States comes from all over the world, and people fleeing dangerous situations in places as far as the Middle East or Africa use the southern border as an entry point into the US. However, the spotlight is usually placed on people of Latin American origin, mainly from Mexico and Central American countries that have long faced sectarian violence, social unrest, gangs and armed conflicts that, oftentimes, can be led back to what some critics claim is United States interventionism. Whatever the case is, the truth is that the American continent is experiencing a humanitarian crisis and governments will need to cooperate to ease human suffering and make asylum seeking processes more bearable. 

Most people whose families have been separated by the United States federal government remain silent in their powerlessness. After all, who would legally fight one of the most powerful countries in the world, right? Well, the answer lies in a Guatemalan couple that is actually suing the federal government in an effort to keep the family together. 

Maudy Constanza is an asylum seeker living in Massachusetts, her partner and son were ordered to remain in Mexico so they are suing.

Credit: Jonathan Wiggs / Boston Globe

The lawsuit claims that Trump’s asylum policy violates constitutional due process and does not guarantee equal rights. The suit was filed by the American Civil Liberties Union (ACLU) of Massachusetts in federal court in Boston last week.

The suit reads: “United States law protects asylum seekers like Ms. Constanza, Mr. Morales, and their children. The law forbids sending people to countries where they will be persecuted or tortured, and provides migrants with an opportunity to see an immigration judge before they may be sent to a place where they fear such persecution or torture.”

We have to remember that Guatemala lives unprecedented levels of violence and that the increasing flow of Central American migrants to Mexico has made them vulnerable as many individuals in the host country have perpetrated acts of violence and racism. 

Hanz Morales, Constanza’s partner, was shot four times in his home country of Guatemala, where criminality indexes are surging.

Guatemala is definitely not a safe place for Hanz Morales, and he fears for his life. The couple fled to Mexico with their three young children. They separated before crossing the United States border in July 2019. The Boston Globe details the ordeal that they escaped: “Hanz was a successful small business owner in a town 100 miles or so outside Guatemala City. Last year he witnessed a violent crime, during which he was shot. The family spent a year in hiding trying to evade the individuals who shot him, until they decided to move to the United States and seek asylum.” The rule of law not always holds true in Guatemala and other Latin American countries, so it was flee or die for the family. 

Constanza and her two daughters were allowed to stay in the United States, Morales and their 9-year-old son were sent back to Mexico, where unofficial refugee camps are dangerous and unsanitary.

Credit: Eric Gay / Getty

Morales and his son are among the approximately 50,000 individuals from Spanish-speaking countries that have been sent to Mexico to wait out their migration court process. This puts them in an extremely vulnerable situation and an economy of corrupt officials and lawyers, who take advantage of them, has sprouted in cities such as Reynosa and Matamoros in the state of Tamaulipas.

As Aaron Reichlin-Melnick, policy counsel at the American Immigration Council, told The Boston Globe: “In Matamoros, we now have what’s been called the worst refugee camp in the world.”

As the Associated Press reports, Morales and his son have experienced a hell on Earth while waiting in Mexico: “Morales and his son have survived an attempted kidnapping, struggled to find food and rarely leave their home because of the violent and dangerous conditions near the border, according to the ACLU. The organization wants a federal judge to declare the asylum policy unlawful and allow Morales and his son to await the outcome of their case in the U.S. with the rest of their family.” The ACLU has started similar processes in the Californian cities of San Diego and San Francisco.