Customs and Border Protection officer says racism at Michigan-Canada border happens daily It needs to be exposed

PORT HURON, Mich. -- Officer Johnny Grays still fumes about the day he pulled his gun on a driver while the man's children screamed in the back seat, "Don't shoot my daddy!" 

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The driver wouldn't turn off his engine or roll down his window as asked at the inspection border station in Port Huron, Michigan. Then he refused to show his hands, but instead reached in his coat pocket and then the glove box — so Grays drew his gun and pointed it at the motorist's head, fearing he was armed.

Turned out, the driver was only looking for his key fob. 

He was Black. So is Grays, a Customs and Border Protection officer who is now suing the federal government, alleging racial profiling put him in harm's way that day, caused an innocent family to be terrorized and for years has demeaned and humiliated scores of Black travelers at the  border crossing between Port Huron and Sarnia, Canada.

In a new lawsuit filed in U.S. District Court, three Black CBP officers are suing the Department of Homeland Security, alleging CBP routinely targets and harasses Black travelers at the Blue Water Bridge between Port Huron and Sarnia. Of the 275 CBP officers who work at that location, four are Black.

The Michigan lawsuit highlights what some immigration and civil rights advocates describe as a pervasive and unchecked problem of racial profiling at CBP, an agency they say has been steeped in institutional racism for decades.  Similar racial profiling lawsuits have been filed over the years in Montana, Virginia, Texas, Washington, Ohio and Maine, though CBP has routinely denied culpability and avoided repercussions.

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Nationwide, Black people account for less than 6% of the total CBP workforce of 21,185. More than 62% of employees are white; another 25% are Hispanic.

The CBP could not provide data on how many minorities versus white travelers are pulled over for secondary inspections at border crossings or how many are detained.

But in a March 25 report, the American Civil Liberties Union (ACLU) of Michigan published the findings from thousands of documents involving Border Patrol arrests CBP released last year after a five-year legal battle.

 

The data, spanning nine years and including records of more than 13,000 stops, revealed that more than 95% of those arrested by Border Patrol in Michigan are people of color. 

"These are issues that we are seeing over and over. There have not been consequences in a culture of racism, of a brotherhood that protects other officers at all costs," said Katy Murdza of the American Immigration Council and co-author of a report released in February titled: "The Legacy of Racism within the U.S. Border Patrol."

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"Unfortunately," Murdza said, "a lot of these instances that we see have been consistent throughout history."

Grays hopes to change that. 

 Grays, 42, who is married with three children, has worked at CBP for almost 13 years. He said not only has he witnessed racial profiling, but he has also been ordered to take part in it. And when he and his co-plaintiffs have complained about workplace discrimination, the suit states, they've either been ignored, harassed or retaliated against. Grays has been on desk duty since filing his discrimination complaint almost a year ago.

"There needs to be some accountability for what’s going on. It needs to be exposed," Grays said in a recent interview with the Detroit Free Press, part of the USA TODAY Network. He alleged racial profiling at the Port Huron-Canada border "is a daily thing."'

"These things are happening. Minorities and Blacks are being scrutinized at the border," Grays said. "The main purpose of this lawsuit is to expose that and change that."

CBP spokesman Kristoffer Grogan declined comment, citing agency policy not to comment on pending litigation, though in a 2018 interview he denied racial profiling by the agency.

Grogan at the time was partially quoting the CBP's nondiscrimination policy, which explains under what "exceptional circumstances" race can be considered by federal police.

"CBP personnel may use race or ethnicity when a compelling governmental interest is present and its use is narrowly tailored to that interest," the policy states. National security is one compelling interest under the policy. Race or ethnicity-based information that is specific to particular suspects, incidents or ongoing criminal activities may also be considered by CBP.

 

But the policy contradicts what Grays and others say they have witnessed at border crossings and checkpoints across the country.

"'Stop that Black guy' ... I have been told to do that," said Grays, stressing he typically "shuts down" those requests and demands explanations.

That's what he did the day he was ordered to pull over the Black driver who was fumbling for his key fob, he said. 

But he never got a straight answer. 

 'I had to make a judgement call'

It was March 2020 when Grays got the radio transmission to pull over the white GM Suburban with Maryland plates and tinted windows. An officer had spotted the SUV leaving a Port Huron hotel and heading for the bridge and became suspicious, he said. 

Grays did as he was ordered, quickly learning the travelers were Black.

When the SUV pulled up at the inspection station, Grays asked the driver to shut off the engine, but the man didn't comply, he said. Then he asked him to roll his window down. Again, no response. Then he asked him to show his hands.

That's when the man reached into his coat pocket, rifled through the glove box and finally rolled down the window. But by then Grays had drawn his gun and reached into the car yelling, "What are you doing?"

"I was feeling to see if he did in fact have a gun," Grays recalled. "I had my gun about 12 inches from his face. I had to make a judgment call."

And he had to keep his calm. There was a family to consider. 

"His two kids in the back seat were hysterical, crying, screaming, 'Don't shoot my daddy!'" Grays said. 

 

Yet he remained calm, long enough for the driver to explain himself.

"He said, 'I was looking for the keys. This thing has a fob. It's a rental car,'"  said Grays, noting the man simply got nervous because he didn't know if he needed the fob to roll the window down.

The incident sent him reeling. The family, he would learn, were U.S. citizens headed to New York to visit family and were cutting through Canada.

"I confronted management about it. I was livid," Grays recalled. "I said,