The Columbus Dispatch

Report: Border Patrol discipline is lax

Migrant advocates decry rarity of consequenc­es

- Rick Jervis

Throughout 2020, U.S. Border Patrol agents were found to have assaulted people, engaged in corruption and broken rules on alcohol and drug use, such as driving under the influence, according to a new report.

In the vast majority of cases, the agents were discipline­d with a written reprimand or counseling, the report said. Fewer than 2% of complaints of Border Patrol misconduct resulted in agents being removed from their posts and fewer than 4% lost their jobs, according to the report on disciplina­ry action released Thursday by U.S. Customs and Border Protection, which oversees the Border Patrol.

Immigrant advocates point to the report as proof that Border Patrol agents are rarely seriously discipline­d for wrongdoing, something they’ve complained about for years. Border Patrol officials have said the low disciplina­ry numbers are a result of agents adhering to best practices.

“When people perceive they can get away with this type of misconduct, they’re going to continue doing it,” said Vicki Gaubeca, director of the Southern Border Communitie­s Coalition, a group of 60-plus organizati­ons that advocate for immigrants and border residents. “It’s part of the culture.”

The report also showed agents with the Office of Field Operations, which monitors traffic at ports of entry, tallied 2,094 disciplina­ry actions compared

with 1,721 for Border Patrol agents.

Office of Field Operations agents also were punished largely with reprimands (485) and counseling (1,200) rather than removals (46) or probationa­ry terminatio­n (50), according to the report.

In all, there were 201 arrests of agents and officials within Customs and Border Protection in fiscal year 2020 on charges ranging from assaults and civil rights violations to driving under the influence and public urination, the report said.

That’s down from 232 arrests in fiscal year 2019.

The Border Patrol declined an interview request.

“CBP prides itself on integrity, but there can be no integrity if the agency is not willing to address systemic impunity,

beginning with their allowance of Border Patrol to investigat­e its own agents in use-of-force incidents,” said Andrea Guerrero, executive director of Alliance San Diego, an immigrant advocacy group. “That is, at a minimum, a conflict of interest and, more often, obstructio­n of justice.”

The 32-page report comes as advocates have been calling for more accountabi­lity from the Border Patrol and have voiced widespread frustratio­n that the administra­tion of President Joe Biden hasn’t effectively made the nation’s largest law enforcemen­t agency any more transparen­t and accountabl­e than under his predecesso­r, President Donald Trump.

Nearly three months after U.S. officials vowed to conduct a “swift” investigat­ion into mounted Border Patrol agents who confronted Haitian refugees trying to cross into Del Rio, Texas, in September, the investigat­ion by U.S. Customs and Border Protection’s Office of Profession­al Responsibi­lity remains open, frustratin­g advocates pushing for more accountabi­lity.

The images of Border Patrol agents on horseback repelling the migrants as they crossed the Rio Grande on foot sparked a national outcry and led Homeland Security Secretary Alejandro Mayorkas to vow to a House panel in September that an investigat­ion into the incident would be completed within days.

“This couldn’t have been a more visible case because of video evidence, and it also made it to the highest levels,” said Chris Rickerd, a Texas-based consultant on border policy and longtime advocate for greater Border Patrol accountabi­lity. “I’m stunned that they have not been more transparen­t about exactly what the delay is.”

In October, the House Committee on Oversight and Reform also released a report detailing how many Border Patrol agents who posted violent and offensive Facebook posts were allowed to continue working and how discipline imposed on most of those agents was significantly reduced from the recommenda­tion made by Customs and Border Protection’s Discipline Review Board.

“CBP’S failure to prevent these violent and offensive statements by its own agents or impose adequate discipline creates a serious risk that this behavior will continue,” U.S. Rep. Carolyn Maloney, the committee’s chairwoman, said in a statement.

 ?? JACK GRUBER/USA TODAY ?? Border Patrol agents detain three men suspected of illegally crossing into the U.S. near Granjero, Texas. A new report by U.S. Customs and Border Protection showed that a small percentage of agents receive serious discipline, such as removal from their posts, for misconduct.
JACK GRUBER/USA TODAY Border Patrol agents detain three men suspected of illegally crossing into the U.S. near Granjero, Texas. A new report by U.S. Customs and Border Protection showed that a small percentage of agents receive serious discipline, such as removal from their posts, for misconduct.

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