In Mr. Joseph’s case, the photographs prompted accusations that the agents had used their reins as whips — a claim that is central to the investigation. According to Mr. Joseph’s complaint, that was indeed what happened. But the Border Patrol union has said the agents were twirling their reins, as they are trained to do, to deter people from getting too close to their horses and therefore avoid injuries.
Several plaintiffs said they “saw officers on horseback using reins as whips against people” in the Rio Grande. One migrant, identified in the lawsuit as Esther, said agents on horseback chased her back into the river in the direction of Mexico. She said the horses nearly ran over her as the agents shouted, “Go back to Mexico.”
Another plaintiff, identified as Paul, said he saw Border Patrol agents beating Black migrants. As he was in the middle of the Rio Grande, Paul said, he saw agents cut a rope that had been strung across the river to help people cross more safely. He said he watched Haitians in deeper water struggle not to drown and also saw agents pushing migrants into the river on the Del Rio side.
The plaintiffs also said that they lacked enough food and water, which led many migrants to fall ill and, in some cases, to cross the river back to Mexico to find food. The Biden administration said at the time that it was providing food, water and medical treatment to the migrants in a makeshift encampment under and around a bridge.
The situation was a critical moment in Mr. Biden’s first year of handling surging numbers of migrants at the border. The administration’s response, which included the expulsion of thousands of Haitians, galvanized civil rights groups and others to press for better treatment of Black migrants in particular. According to recent government data, nearly 16,000 Haitians crossed into Del Rio in September; about 40 percent of them were expelled under the public health rule, known as Title 42.