There’s A Crisis At The Border, But Migrants Aren’t The Problem

By Ty Ross

About 10 years ago, I approached the Customs Border Patrol checkpoint in Sierra Blanca, TX. It’s about 90 miles East of El Paso on I-10 towards Dallas and San Antonio. Those checkpoints act at an intervention point between border cities and the rest of the country to deter and capture those who are trafficking, smuggling drugs or may be terrorists. They are also opportunities for profiling and harassment.

I was headed home to Dallas with the kids and we had gotten on the road pretty late. Checkpoints are different from points-of-entry because you don’t need a passport. They ask one simple question: American Citizen? But this night, after I stated my citizenship, he asked me to pull over to the side of road. Without any explanation he ordered me and my kids out of the vehicle, while he, two other agents and a drug dog searched my ’98 Ford Escort. The kids and I standing on the side of the road at 2am for about 30 minutes before they finished searching and let us go. And again, not one word as to why I was being searched, that I would be searched, didn’t ask if I was carrying anything. Just pull over, get out and now you can go.

It’s no secret that there is profiling by CBP. Especially people of color. Unfortunately, when you’re a poc, you get used to and almost expect it. It would be decade later that I felt some type of way when encountering CBP.

At the beginning of the month, I was invited to an art show in Ciudad Juarez. Not wanting to go alone, I asked my friend Michael to go. We usually walk over and Uber around, but this time Michael drove. Traffic was light, there was valet and when we returned, the line to cross back into the US wasn’t longer than about 15 minutes. We handed our passports to the CBP agent, he looked them over and waived us through.

Things went so well driving over, I wanted to go back and eat at a restaurant I have been dying to go to. So, I called Michael up and across the bridge we went. This time I drove. We decided to forego after dinner drinks and headed back for the bridge. What took 15 minutes the week before, took 2.5 hours this time. La Feria is in Juarez and was just letting out. By the time we got to the bridge, we were exhausted. I handed our passports to the agent and he asked questions I’ve heard before, “What was your purpose in Juarez? Do you go a lot?” I told him we went for dinner. He didn’t seem impressed and sarcastically said that El Paso has restaurants too. When I told him not like Juarez he callously replied “How’s that? It’s the same people making it.” I immediately thought to myself ‘same people’? What the hell is that supposed to mean? But he and I both know what he meant. And who.

But I left it alone, and thought we’d be on our way until he started asking about my car. If it was mine, and in my name. Had I ever driven it to Juarez before? What do I do for a living? He then asked me to roll down the back windows, and after he looked inside told me to pop the trunk. After looking the trunk over and under all the carpets, he walked around the car before returning our passports and letting us go. Technically, they can’t search you or your vehicle automatically. And the questions are supposed to be limited to your citizenship or asking for proof of immigration status. And though they can ask to see inside your trunk, you can refuse. But I knew better than to.

When the Immigration Act of 1924 was passed illiminating immigration from Asian countries, and limiting that from Southern and Eastern Europe, Mexico was exempt from any limitations. The white nationalist and supremacist views long held in this country are not knew, so it’s no surprise that the US Customs Border Patrol was established soon after to deter Mexican migration.

Operating under the Department of Labor at the time, CBP went basically unchecked. Using their power and position to intimidate, harass, torture and even kill those attempting to cross the border to the south. In an attempt to change that, FDR ordered the CBP be put under the purview of the Department of Justice. But when talking about people who aren’t documented, fear of reporting the abuse coupled with not knowing that you can means there was little accountability. And there still wouldn’t be. Even in the 21st century.

In 2012, PBS did a series called ‘Crossing the Line’ that detailed the treatment of migrants and others crossing the US/MX border into the US. One segment focused on a woman who filed a sexual assault complaint against a CBP officer and was intimidated so bad that she dropped the suit out of fear. She was working with the ACLU. In the 2-part series, there are stories of not just sexual assault, but humiliating body cavity searches, men having their hair shaved, detainees being deprived of food and water and even death.

Even with horror story after horror story, documented proof and witnesses, it has been hard to get justice for those harmed by the CBP and holding them to account. Part of this is the cruel policies implemented by the Trump Administration, in addition to his packing the courts with judges who he had little doubt would rule in favor of his cause.

This was evident in 2017 when an appeals court overturned a ruling in the ACLU’s favor banning CBP from going into people’s phones and laptops. The appeals court ruled that they in fact could. And without a warrant. Increasing the power of an agency that already has too much. Leaving those affected by demoralizing treatment to deal with the effects.

One of those people is former State Department employee Tianna Spears. This young 26 year old African American woman stepped into her job as a Foreign Service Adjudicator with pride. Assigned to work at the Consulate in Ciudad Juarez, Spears had no idea that something as simple as driving across the bridge into her own country would lead to a mental health breakdown that would drive her out of the job she worked so hard to get.

The first time Tianna was ‘flagged’, she didn’t think anything of it. Show them your credentials, tell them who you are. I mean, she works for the State Department, right? She has passed multiple intensive background and security checks. But unfortunately, there was something to it. It happened again, and again. In the first month alone Spears was flagged five times. Asked to pull off to the side, step out of her car and her vehicle searched. And each time CBP asked her the same questions. Who she is, what she does, if her vehicle was her own and why she crossed so frequently? Thousands cross the multiple points of entry between Juarez and El Paso daily. Some, multiple times a day. Students who live in MX but attend US schools, low wage workers at the shops and restaurants downtown.

Soon Tianna had enough. She began to push back on the CBP officers and ask questions. Things only got worse. She started documenting dates, times, names. Eventually talking to a co-worker who encouraged her to take it to a supervisor. But it was dismissed as the agents ‘just doing their job’. She was told it wasn’t racist, and that maybe she should just stop crossing to El Paso.

According to Spears the officers didn’t even try to be subtle anymore. They would tell her that the make and model of her vehicle was common among drug smugglers, tell her that her SENTRI card was invalid or deny she worked for the State Department at all. That there was no way SHE was employed by the State Dept. They accused her of stealing her own car or claimed it must be a rental. After six months of being demoralized and marginalized, she was flagged a total of 25 times (three out of every four trips she made to the US), she was transferred to Mexico City.

Spears’ encounters with the CBP left her feeling empty and depressed. She had thoughts of doubt and suicide. Despite therapy, she fell deeper and deeper into a hole she was unable to pull herself out of. Fear, paranoia, disappointment and anger that she, an American citizen was treated so callously. She wasn’t allowed to leave CDMX due to her mental health state, and told if she broke her contract, she would have to pay the State Department for her relocation fees. So, she suffered and struggled with what her therapist said was PTSD, until she could return to the US.

Tianna no longer works for the State Department but imagine the heartbreak at finally getting the job of your dreams and having a chance to serve your country only to be disrespected and treated as less than. If they can treat a State Dept employee this way, imagine how the everyday average person crossing just to work, gets treated?

The discrimination and profiling of people of color doesn’t just happen at the Southern border, but the North as well. African American CBP officer Johnny Grays has gone on the record to say that profiling of Black people at the border has been a long-time and encouraged practice. Grays complained to his superiors after CBP policy led him to pulling his weapon on an unarmed Black man who was simply reaching for a key fob. He says that the continued profiling of Black people has led to a toxic work environment. He was assigned to desk duty shortly after the complaint. Grays along with 2 other Black CBP officers have filed a suit with the Equal Employment Opportunity Commission. They are three out of only four Black CBP officers out of 235.

While Black Americans have certainly had their share of discrimination so have other people of color. Middle Eastern Americans are frequently stopped and detained without probable cause. Iranian Americans for example have had their passports taken, been questioned about family back home and asked about their social media accounts and political views. It can be, it is, intimidating and frustrating to be face to face with someone you know has contempt for you and can keep you from getting home at their pleasure.

Not only as a Black woman, but as a writer and outspoken social media activist, the treatment journalists receive from CBP is also alarming. The continuation of stifling of dissent and demonization of those who speak out against racism, inequity that swelled during the Trump Administration.

In 2019 a group of journalists complained to the Department of Homeland Security about intimidation and harassment at US ports-of-entry. With CBP officers accusing them of being fake news, anti-American and attacking democracy. One editor had his passport held as he was forced to make a statement that he writes propaganda before being given his passport back.

There needs to be a rooting of the agency. Increase in the diversity of the officers. One that is and has always been overwhelmingly white, and overwhelmingly male. Over 80% and 64% respectively.

For almost a century the Customs Border Patrol has been allowed to use their powers, not to protect our borders, but to protect their supremacy. Use their positions to harass, abuse, discriminate and intimidate those they see as not belonging in ‘their’ country. Established in white supremacy, there needs to be a full and thorough investigation into the multitude of civil and human rights abuses that occur daily around this country at the hands of Customs Border Patrol agents. CBP isn’t relegated to the border. They are at checkpoints, airports. The words of the officer when I crossed the border “it’s the same people making it” only solidifies that he doesn’t see them as people at all. So yes, I agree…there IS a crisis at the border. But migrants aren’t the problem.

Check out Ty’s book THE POWER OF PERSPECTIVE. It’s a collection of affirmations she wrote to get her through a difficult time in her life. Words of wisdom that apply to anyone, and everyone, to get through the hard times. If you’re questioning yourself, and need a reminder that you are in control… Click HERE to order your copy.
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