Border agents who didn’t whip migrants will be disciplined

— U.S. Border Patrol agents on horseback engaged in “unnecessary use of force” against Haitian border crossers but didn’t whip any with their reins “intentionally or otherwise,” according to a federal investigation of chaotic scenes along the Texas-Mexico border last fall that sparked widespread false reporting about the incident.

In a 511-page report released Friday, Customs and Border Protection blamed a “lack of command control and communication” for mounted agents using their horses to forcibly block and move migrants during an influx of Haitians arriving last September at the U.S. border outside Del Rio, Texas.

“We’re gonna learn from this incident and we’ll find a way to do better,” CBP Commissioner Chris Magnus said during a news conference announcing the report. “Not everyone’s going to like all the findings but the investigation was comprehensive and fair.”

Manipulated photos of the incident were used by some media outlets to make it appear agents were whipping Haitians, which caused outrage among advocacy groups and civil rights leaders.

Last fall, Biden called images of what occurred “horrible” and “outrageous.”

“I promise you, those people will pay,” the president said then. “There is an investigation underway right now and there will be consequences.”

Magnus said the investigation began the day after the incident and included testimony from more than 30 people, among them witnesses and journalists. Investigators said they were unable to locate Haitian migrants involved to get their accounts — but used statements and court documents that some provided as part of lawsuits they filed against U.S. authorities.

Magnus said four Border Patrol personnel have been recommended for “disciplinary action” for their conduct, though he refused to say what, if anything, each had done to warrant possible punishment, or elaborate on what sanctions they could face. That comes after prosecutors in April declined to pursue criminal charges, he said.

Mark Morgan, a former acting CBP commissioner under Trump, dismissed the entire investigation as politically motivated since no Haitians were actually whipped.

“From the start, these agents have been smeared, lied about, and vilified by nearly everyone on the left,” Morgan said in a statement.

Federal investigators said no migrant was struck with a whip, forced to return to Mexico or denied entry into the U.S. during the approximately 15 minutes that they were forcibly blocked and moved by mounted agents. One agent yelled inappropriate comments about a migrant’s national origin including, “You use your women” while also narrowly missing crashing his horse into a child walking nearby while pursuing a migrant.

Agents acted with the permission of their supervisor, who was unable to get guidance from higher up the Border Patrol chain of command, the report said. Communication occurred on a radio channel that wasn’t recorded, further complicating investigation into the incident.