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How to Complain About CBP Detention Conditions or Medical Care

COMPLAINTS ABOUT CONDITIONS IN CBP CUSTODY

How to Complain About CBP Detention Conditions or Medical Care

A person who experienced serious problems with medical care, sanitation, food, water, detention conditions, abuse or treatment while held by CBP may have more than one complaint channel. The appropriate route can depend on whether the concern involves ordinary service, employee misconduct, civil rights or serious wrongdoing.

Preserve Evidence About

  • Length of detention
  • Medical symptoms and requests
  • Medication issues
  • Food, water and sanitation
  • Officer conduct and witnesses

CBP Has Detention Standards

CBP’s Transport, Escort, Detention and Search standards address medical care, medication, food, drinking water, restroom access, hygiene and treatment of detainees in CBP custody.

See Medication and Medical Care During CBP Detention and Food, Water and Restroom Access During CBP Detention.

CRCL Investigates Some CBP Custody Complaints

DHS CRCL has investigated complaints involving conditions in CBP facilities, medical and mental-health care, discrimination, due-process concerns and alleged abuse.

CRCL is particularly relevant when the complaint raises a civil-rights or civil-liberties concern rather than only dissatisfaction with customer service.

CBP Complaint Channels May Also Be Appropriate

CBP’s public complaint system can receive traveler complaints about employee conduct, delays and other experiences involving CBP.

Serious Misconduct Can Be Reported to DHS OIG

The DHS Office of Inspector General operates a hotline for allegations of fraud, waste, abuse, misconduct and other qualifying wrongdoing involving DHS.

Document Medical Consequences

  • Hospital or emergency-room records after release.
  • Prescription information.
  • Names of medications missed or delayed.
  • Dates and approximate times medical assistance was requested.
  • Symptoms reported to CBP.
  • Names or descriptions of officers or witnesses.
  • Photographs where lawfully obtained after release.
  • Travel and admission paperwork showing when custody occurred.

Request the CBP Record Separately

A complaint does not necessarily provide the traveler with the inspection or custody records. If the underlying CBP documentation is needed, a separate FOIA request may be appropriate.

See Request TECS and Secondary Inspection Records From CBP.

Complaint Procedures Do Not Automatically Change Immigration Status

Even a serious complaint concerning conditions or officer conduct is procedurally separate from the traveler’s admission, removal, visa or inadmissibility issues.

A strong complaint can document misconduct or conditions without overstating the complaint process as an immigration appeal.

Frequently Asked Questions

Where can I complain about lack of medical care in CBP custody?

Depending on the facts, CBP’s complaint system, DHS CRCL and potentially DHS OIG can be relevant. The appropriate channel depends on whether the issue is service, civil rights or serious misconduct.

Should I obtain medical records after I leave CBP custody?

Yes, when medical consequences occurred. Contemporaneous medical records can provide important evidence of the condition and treatment required after release.

Does a detention complaint give me my CBP records?

Not necessarily. FOIA is the separate records-access process for obtaining responsive CBP documentation.

Primary Government Sources

These government materials provide the principal complaint, oversight and traveler-redress procedures discussed on this page.

Preserve the Custody Record and Medical Evidence

The strongest complaint identifies the precise conditions, medical consequences, requests for help and agency personnel involved while using the complaint channel suited to the allegation.