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United States Border Patrol | |
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Seal and left sleeve patch of the United States Border Patrol | |
USBP flag | |
Abbreviation | USBP |
Motto | Honor First |
Agency overview | |
Formed | May 28, 1924; 94 years ago |
Jurisdictional structure | |
Federal agency (Operations jurisdiction) | United States |
Operations jurisdiction | United States |
Size | 20,500 lineal miles |
Legal jurisdiction | INA 235 & INA 287. Title 8 USC, 18 USC, 19 USC & 21 USC |
Governing body | Department of Homeland Security |
General nature | |
Headquarters | Washington, D.C., U.S. |
Border Patrol Agents | Congress Mandated 21,370 |
Agency executive |
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Parent agency | U.S. Customs and Border Protection |
Website | |
United States Border Patrol |
The United States Border Patrol (USBP) is an American federal law enforcement agency whose mission is to detect and prevent illegal aliens, terrorists and terrorist weapons from entering the United States, and prevent illegal trafficking of people and contraband.[2] It is the mobile, uniformed law enforcement arm of U.S. Customs and Border Protection (CBP), a component of the United States Department of Homeland Security (DHS).[3]
With 19,437 agents,[4] the Border Patrol is one of the largest law enforcement agencies in the United States.[5] For fiscal year 2017, Congress enacted a budget of $3,805,253,000 for the Border Patrol.[6]
The current chief of the Border Patrol is Carla Provost.[1]
Mounted watchmen of the United States Department of Commerce and Labor patrolled the border in an effort to prevent illegal crossings as early as 1904, but their efforts were irregular and undertaken only when resources permitted. The inspectors, usually called 'mounted guards', operated out of El Paso, Texas. Though they never totaled more than 75, they patrolled as far west as California trying to restrict the flow of illegal Chinese immigration.
In March 1917, Congress authorized a separate group of mounted guards, often referred to as 'mounted inspectors'. Most rode on horseback, but a few operated automobiles, motorcycles and boats. Although these inspectors had broader arrest authority, they still largely pursued Chinese immigrants trying to avoid the National Origins Act and Chinese Exclusion Act of 1882. These patrolmen were Immigration Inspectors, assigned to inspection stations, and could not watch the border at all times. U.S. Army soldiers along the southwest border performed intermittent border patrolling, but this was secondary to 'the more serious work of military training.' Immigrants encountered illegally in the U.S. by the Army were directed to the immigration inspection stations. Texas Rangers were also sporadically assigned to patrol duties by the state, and their efforts were noted as 'singularly effective'.
The National Origins Act authorized the formation of the U.S. Border Patrol on May 26, 1924.[7] Two days later, the Labor Appropriation Act of 1924 established the Border Patrol as an agency of the U.S. Department of Labor assigned to prevent illegal entries[8]—primarily along the Mexico–United States border,[7][9] as well as the Canada–U.S. border. The first Border Patrol station began operations in Detroit, Michigan in June 1924.[10] A second station in El Paso, Texas began operations in July 1924.[11] In 1925, coastal patrols began as well.[8] Operations were established along the Gulf Coast in 1927 to ensure that foreign crewmen departed on the same ship on which they arrived.[12] In 1932, the Border Patrol was divided into two offices. Mexican border operations were directed from El Paso, Texas and Canadian border operations were directed from Detroit, Michigan. The Canadian border operations from Detroit employed more men than the El Paso operations along the Mexican border because of a focus on the prevention of liquor smuggling during prohibition. Franklin Delano Roosevelt's Executive Order 6166 formed the Immigration and Naturalization Service (INS) in 1933 by consolidation of the Bureau of Immigration and the Bureau of Naturalization. Following the outbreak of World War II in Europe, Border Patrol staffing doubled to 1,500 in 1940, and the INS was moved from the Department of Labor to the U.S. Department of Justice.[13] Additional stations were temporarily added along the Gulf Coast, Florida and the Eastern Seaboard during the 1960s after Fidel Castro triumphed in the Cuban Revolution and that was followed by the Cuban Missile Crisis. INS was decommissioned in March 2003 when its operations were divided between CBP, United States Citizenship and Immigration Services, and U.S. Immigration and Customs Enforcement.
In the wake of the attacks of September 11, the Border Patrol was placed under the umbrella of the Department of Homeland Security, and preventing terrorists and terrorist weapons from entering the United States was added to its mission. The Border Patrol's traditional mission continued: deterring, detecting and apprehending illegal immigrants and individuals involved in the illegal drug trade who generally entered the United States at places other than through designated ports of entry. The Border Patrol also erected[when?] 33 permanent interior checkpoints near the southern border of the United States.
For fiscal year 2017, the nationwide total of Border Patrol agents was 19,437, with 16,605 patrolling the southern border.[4] Agents primarily patrol the Mexico–United States border, where they control drug trafficking and illegal immigration.[14]
The majority of Border Patrol agents are minorities. According to 2016 data, Latinos comprise slightly more than 50% of the Border Patrol.[15]
The Border Patrol's priorities have changed over the years. In 1986, the Immigration Reform and Control Act placed renewed emphasis on controlling illegal immigration by going after the employers that hire illegal aliens. The belief was that jobs were the magnet that attracted most illegal aliens to come to the United States. The Border Patrol increased interior enforcement and Form I-9 audits of businesses through an inspection program known as 'employer sanctions'. Several agents were assigned to interior stations, such as within the Livermore Sector in Northern California.
Employer sanctions never became the effective tool it was expected to be by Congress. Illegal immigration continued to swell after the 1986 amnesty despite employer sanctions. By 1993, Californians passed Proposition 187, denying benefits to illegal aliens and criminalizing illegal aliens in possession of forged green cards, identification cards, and Social Security numbers. It also authorized police officers to question non-nationals as to their immigration status and required police and sheriff departments to cooperate and report illegal aliens to the INS. Proposition 187 drew nationwide attention to illegal immigration.
United States Border Patrol Interior Checkpoints are inspection stations operated by the USBP within 100 miles (160 km) of an international border (with Mexico or Canada) or any U.S. coastline, or in the Florida Keys.[16]
El Paso Sector Chief Patrol Agent Silvestre Reyes started a program called 'Operation Hold the Line'. In this program, Border Patrol agents would no longer react to illegal entries resulting in apprehensions, but would instead be forward deployed to the border, immediately detecting any attempted entries or deterring crossing at a more remote location. The idea was that it would be easier to capture illegal entrants in the wide open deserts than through the urban alleyways. Chief Reyes deployed his agents along the Rio Grande, within eyesight of other agents. The program significantly reduced illegal entries in the urban part of El Paso, however, the operation merely shifted the illegal entries to other areas.[citation needed]
Congressman Duncan Hunter became a major proponent of border fencing in the San Diego sector; surplus military landing mats were obtained to use as an initial border fence.[17] Stadium lighting, ground sensors and infra-red cameras were also placed in the area. Eventually the primitive landing mat fence was replaced with a modern triple fence line[18][19] that begins over one hundred yards into the Pacific Ocean at Imperial Beach, CA and ends more than 13 miles (19 km) inland on Otay Mesa where the mountains begin.
Through agency whistleblowers, Agent Mark Hall and Agent Robert Lindemann, it was revealed that in 2001, the Border Patrol had approximately 324 agents assigned along the Canada–United States border.[20] Northern border staffing had been increased by 1,128 agents to 1,470 agents by the end of fiscal year 2008, and is projected to expand to 1,845 by the end of fiscal year 2009, a sixfold increase. Resources that support Border Patrol agents include the use of new technology and a more focused application of air and marine assets.
The northern border sectors are (west to east): Blaine (Washington), Spokane (Washington), Havre (Montana), Grand Forks (North Dakota), Detroit (Selfridge ANGB, Michigan), Buffalo (New York), Swanton (Vermont), and Houlton (Maine).[21]
In November 2005, the U.S. Border Patrol published an updated national strategy.[22] The goal of this updated strategy is operational control of the United States border. The strategy has five main objectives:
The United States border is a barely discernible line in uninhabited deserts, canyons, or mountains. The Border Patrol utilizes a variety of equipment and methods, such as electronic sensors placed at strategic locations along the border, to detect people or vehicles entering the country illegally. Video monitors and night vision scopes are also used to detect illegal entries. Agents patrol the border in vehicles, boats, aircraft, and afoot. In some areas, the Border Patrol employs horses, all-terrain motorcycles, bicycles, and snowmobiles. Air surveillance capabilities are provided by unmanned aerial vehicles.[23]
The primary activity of a Border Patrol Agent is 'Line Watch'. Line Watch involves the detection, prevention, and apprehension of terrorists, illegal aliens and smugglers of aliens at or near the land border by maintaining surveillance from a covert position; following up on leads; responding to electronic sensor, television systems and aircraft sightings; and interpreting and following tracks, marks, and other physical evidence. Major activities include traffic check, traffic observation, city patrol, transportation check, administrative, intelligence, and anti-smuggling activities.[14]
Traffic checks are conducted on major highways leading away from the border to detect and apprehend illegal aliens attempting to travel further into the interior of the United States after evading detection at the border, and to detect illegal narcotics.[23]
Transportation checks are inspections of interior-bound conveyances, which include buses, commercial aircraft, passenger and freight trains, and marine craft.[23]
Marine Patrols are conducted along the coastal waterways of the United States, primarily along the Pacific coast, the Caribbean, the tip of Florida, and Puerto Rico and interior waterways common to the United States and Canada. Border Patrol conducts border control activities from 130 marine craft of various sizes. The Border Patrol maintains watercraft ranging from blue-water craft to inflatable-hull craft, in 16 sectors, in addition to headquarters special operations components.[23]
Horse and bike patrols are used to augment regular vehicle and foot patrols. Horse units patrol remote areas along the international boundary that are inaccessible to standard all-terrain vehicles. Bike patrol aids city patrol and is used over rough terrain to support linewatch.[23] Snowmobiles are used to patrol remote areas along the northern border in the winter.
In 1992, the United States Border Patrol had approximately 4,139 Patrol Agents on the job. Attrition in the Border Patrol was normally at 5%. From 1995–2001 annual attrition rose to above 10%, which was a period when the Border Patrol was undergoing massive hiring. In 2002 the attrition rate climbed to 18%. The 18% attrition was largely attributed to agents transferring to the Federal Air Marshals after 9/11. Since that time the attrition rate has decreased. Congress increased journeyman Border Patrol Agent pay from a GS-9 rate to a GS-11 rate in 2002. The Border Patrol Marine Position was created in 2009 (BPA-M).
The Intelligence Reform and Terrorism Prevention Act of 2004 (signed by President Bush on December 17, 2004) authorized hiring an additional 10,000 agents, 'subject to appropriation'. This authorization nearly doubled the Border Patrol manpower from 11,000 to 20,000 agents by 2010.[25] As of 2016, roughly half of the agents are Latino Americans.[26]
The Secure Fence Act, signed by President George W. Bush on October 26, 2006, has met with much opposition. In October 2007, environmental groups and concerned citizens filed a restraining order hoping to halt the construction of the fence, set to be built between the United States and Mexico. The act mandates that the fence be built by December 2008. Ultimately, the United States seeks to put fencing around the 1,945-mile (3,130 km) border, but the act requires only 700 miles (1,100 km) of fencing. DHS secretary Michael Chertoff has bypassed environmental and other oppositions with a waiver that was granted to him by Congress in Section 102 of the act, which allows DHS to avoid any conflicts that would prevent a speedy assembly of the fence.[27][28]
This action has led many environment groups and landowners to speak out against the impending construction of the fence.[29] Environment and wildlife groups fear that the plans to clear brush, construct fences, install bright lights, motion sensors, and cameras will scare wildlife and endanger the indigenous species of the area.[30] Environmentalists claim that the ecosystem could be affected because a border fence would restrict movement of all animal species, which in turn would keep them from water and food sources on one side or another. Desert plants would also feel the impact, as they would be uprooted in many areas where the fence is set to occupy.[31]
Property owners in these areas fear a loss of land. Landowners would have to give some of their land over to the government for the fence. Citizens also fear that communities will be split. Many students travel over the border every day to attend classes at the University of Texas at Brownsville. Brownsville mayor Pat Ahumada favors alternative options to a border fence. He suggests that the Rio Grande be widened and deepened to provide for a natural barrier to hinder illegal aliens and drug smugglers.[32]
In 2007, the U.S. Border Patrol created the Special Operations Group (SOG) headquartered in El Paso, TX to coordinate the special operations units of the agency.[33]
The U.S. Border Patrol has a number of other specialized programs and details. Marine Patrol – In the riverine environments of the northern and southwestern borders of the continental United States, the Border Patrol conducts border control activities from the decks of marine craft of various sizes. Since 2006, the U.S. Border Patrol has relinquished its littoral law enforcement missions in the Great Lakes and territorial seas to the Office of Air and Marine. The U.S. Border Patrol maintains over 130 vessels, ranging from blue-water craft to inflatable-hull craft, in 16 sectors, in addition to Headquarters special operations components.
[34]K9 Units, Mounted Patrol, Bike patrol, Sign-cutting (tracking), Snowmobile unit, Infrared scope unit, Intelligence, Anti-smuggling Investigations Unit (ASU/DISRUPT, Border Criminal Alien Program, Multi-agency Anti-Gang Task Forces (regional & local units), Honor Guard, Pipes and Drums, Chaplain, Peer Support, Mobile Surveillance Unit.
'Operation Gatekeeper' was launched in 1994 to stop migrants from crossing illegally into the United States. The strategy included increased enforcement and extensive fencing near border cities, with the twofold purpose of deflecting migrants to remote areas where they could more easily be detected and apprehended, as well as using the formidable mountains, deserts, and Rio Grande as a deterrent to easy passage.[35] The newly erected Mexico–United States barrier—which at some remote locations is no more than a fence—has also forced migrants and human traffickers to seek out remote desert locations in California, Arizona, New Mexico and Texas where they may attempt crossing.[36][37] The 'funnel effect' created by both these strategies has contributed to the deaths of thousands of migrants, whose remains are often found in the hot desert or freezing mountains.[38]
As early as 1998, the former Immigration and Naturalization Service implemented the Border Safety Initiative in response to concerns about the number of migrants injured or killed while attempting to cross the border. It was noted that Border Patrol agents routinely supplied water, food, and medical care to migrants.[39] That same year, Border Patrol, Search, Trauma and Rescue (BORSTAR), a specialized unit trained in emergency search and rescue, was established with the purpose of assisting injured or stranded migrants at remote locations.[40]
In 2002, the first 'rescue beacons' were installed in desert areas considered especially dangerous.[41] The beacons are solar powered and highly visible, and have a button which alerts Border Patrol agents by radio signal, after which a helicopter or ground unit is dispatched.[42] U.S. Senator Bill Frist commented in 2006: 'these beacons, I believe, are an absolutely vital link in our border security system... We know that beacons work: CBP has already saved dozens of people based entirely on beacon alerts.'[41] The Border Patrol frequently publishes reports about stranded and injured individuals rescued at beacon locations.
During a 12-month period in 2011–12, Border Patrol agents made 1,312 rescues along the Mexico-United States border, nearly half occurring in the Tucson Sector.[43]
There are 20 Border Patrol sectors, each headed by a Sector Chief Patrol Agent.
All Border Patrol agents spend a minimum of 26 weeks at the Border Patrol Academy in Artesia, New Mexico, which is a component of the Federal Law Enforcement Training Center (FLETC). Border Patrol Agent Trainees are instructed in courses including; Spanish, criminal law, nationality law, and administrative immigration law, police sciences, self-defense and arrest techniques, firearms training with pistol, shotgun and rifle, police vehicle driving, and other Border Patrol / federal law enforcement subjects.
Once they arrive back at their duty station, Trainees then must graduate from the Field Training Officer (FTO) program, an on-the-job training program, which varies in length from a minimum of 12 weeks to a maximum of over 16 weeks long, depending on the practical demands of the duty station and local management. They must also successfully complete the Post Academy Training Program, an extension of the Border Patrol Academy where Trainees complete additional classroom-based training over the course of their first nine months back at their duty station.
The Border Patrol, c. 2007, wore the following types of uniforms:
The Border Patrol uniform is getting its first makeover since the 1950s to appear more like military fatigues and less like a police officer's duty garb.[44] Leather belts with brass buckles are being replaced by nylon belts with quick-release plastic buckles, slacks are being replaced by lightweight cargo pants, and shiny badges and nameplates are being replaced by cloth patches.
Location | Title | Collar insignia | Shoulder ornament | Pay grade |
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Border Patrol Headquarters | Chief of the Border Patrol | Senior Executive Service (SES) | ||
Deputy Chief of the Border Patrol | SES | |||
Division Chief | SES | |||
Deputy Division Chief | GS-15, General Schedule | |||
Associate Chief | GS-15 | |||
Assistant Chief | GS-14 | |||
Operations Officer (Non-supervisory) | GS-13 | |||
Border Patrol Sectors | Chief Patrol Agent (CPA) | SES or GS-15 | ||
Deputy Chief Patrol Agent (DCPA) | SES or GS-15 | |||
Division Chief/ACTT Director | GS-15 | |||
Executive Officer/Assistant Chief Patrol Agent (ACPA) | GS-14 | |||
Special Operations Supervisor (SOS) | GS-13 | |||
Operations Officer (Non-supervisory) | GS-13 | |||
Supervisory Border Patrol Agent (SBPA) | GS-13 | |||
Border Patrol Agent – Intelligence (BPA-I) | GS-12 | |||
Border Patrol Stations | Patrol Agent in Charge (PAIC) | GS-13, 14, 15 | ||
Deputy Patrol Agent in Charge (DPAIC) | GS-14 or GS-13 | |||
Watch Commander (WC) | GS-14 or GS-13 | |||
Special Operations Supervisor (SOS) | GS-13 | |||
Supervisory Border Patrol Agent (SBPA) | GS-13 | |||
Border Patrol Agent – Intelligence (BPA-I) | GS-12 | |||
Border Patrol Agent (BPA) | GL-5, 7, 9, GS-11, 12 | |||
Border Patrol Academy | Chief Patrol Agent (CPA) | GS-15 | ||
Deputy Chief Patrol Agent (DCPA) | GS-15 | |||
Assistant Chief Patrol Agent (ACPA) | GS-14 | |||
Training Operations Supervisor (TOS) | GS-14 | |||
Supervisory Border Patrol Agent (Senior Instructor) | GS-13 | |||
Supervisory Border Patrol Agent (Instructor) | GS-13 | |||
Border Patrol Agent (Detailed Instructor) | GS-11, 12 |
Newton-Azrak Award for Heroism | Chiefs Commendation Medal | Purple Cross Wound Medal | 75th Anniversary Commemorative Medal |
---|---|---|---|
Current Heroism Award | Awarded from 2002–2004 | Current Wound Award | No Longer worn |
The Border Patrol's highest honor is the Newton-Azrak Award for Heroism. This Award is bestowed to Border Patrol Agents for extraordinary actions, service; accomplishments reflecting unusual courage or bravery in the line of duty; or an extraordinarily heroic or humane act committed during times of extreme stress or in an emergency.
This award is named for Border Patrol Inspectors Theodore Newton[45] and George Azrak,[46] who were murdered by two drug smugglers in San Diego County in 1967.
Tactical Unit (BORTAC) | Search and Rescue Unit | Honor Guard | Pipes and Drums Cap Badge | K-9 Handler | Chaplain | Field Training Officer | Peer Support |
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Border Patrol agents are issued the H&K P2000 double action LEM (Law Enforcement Modification) pistol in .40 S&W caliber. It can contain as many as 13 rounds of ammunition (12 in the magazine and one in the chamber). Up until 1994 the Border Patrol issued its Patrol Agents a .357 Magnum revolver as their duty sidearm, a Smith & Wesson or Ruger model large frame, six shot revolver. The Border Patrol preferred this weapon because it did not jam in harsh conditions, like those of the southwestern border, and also because of the strong 'stopping' power of the .357 Magnum cartridge. Although up until 1994 Patrol Agents could purchase a weapon from the agency list of approved authorized personal weapons for duty carry. This list included the Glock Models 17 and 19 pistols in 9mm, the SIG Sauer P220 pistol in .45 ACP caliber, the Colt Python .357 Magnum revolver, and the Smith & Wesson Model 19/66 .357 Magnum revolver. The Border Patrol adopted the Beretta Model 96D, a .40 S&W caliber semi-automatic pistol (modified for Double-Action Only) (with 11-round capacity magazines) as its duty issue sidearm in 1995. The .40 S&W caliber jacketed hollow-point cartridge was adopted because of its excellent 'stopping' power and its superior ballistic characteristics over the 9mm cartridge. In late 2006 the H&K P2000 pistol was adopted as the Border Patrol's primary duty sidearm. The H&K Model USP Compact pistol, H&K Model P2000SK (sub-compact) and Beretta M96D .40 S&W caliber pistols are authorized as secondary sidearms.
On April 9, 2019, CBP announced that the U.S. Border Patrol would transition from the .40 caliber H&K P2000 to an unnamed 9-millimeter Glock pistol by the end of fiscal year 2021.[47]
Like many other law enforcement agencies, the 12 gaugeRemington Model 870 is the standard pump-action shotgun. The Border Patrol issue Model 870 has been modified by Scattergun Technologies to Border Patrol specifications including: a 14-inch barrel, a five-shot capacity magazine, a composite stock with pistol grip, and night sights with a tactical 'ghost-ring' rear sight. The old Border Patrol 'anti-bandit' units used to use a 12-gauge, semi-automatic shotgun with a sawed-off barrel. This weapon had the designated name of a 'Sidewinder.' The USBP anti-bandit units were decommissioned in the late 1980s.
Border Patrol agents also commonly carry the .223 caliber Colt M4 Carbine (M4A1) and the H&K UMP .40 caliber submachine gun. The .308 caliber M14 rifle is used for ceremonial purposes and by agents who are qualified with the rifle and BORTAC.
As less than lethal options, the Border Patrol uses the FN 303 Launcher. The FN 303 fires plastic pellet balls containing OC (Oleoresin Capsicum) Pepper dust. The plastic pellet balls burst on impact spraying the suspect with OC Pepper dust and also act as an impact projectile. The Border Patrol also issues its agents OC Pepper spray canisters, tasers and a collapsible/telescopic (or telescoping) steel police baton.
Unlike in many other law enforcement agencies in the United States, the Border Patrol operates over 10,000 SUVs and pickup trucks, which are known for their capabilities to move around in any sort of terrain. These vehicles may have individual revolving lights (strobes or LEDs) and/or light bars and sirens and/or have their bumpers removed or have off-road suspension and tires. An extensive modernization drive has ensured that these vehicles are equipped with wireless sets in communication with a central control room. Border Patrol vehicles may also have equipment such as emergency first aid kits. Some sectors make use of sedans like the Ford Crown Victoria Police Interceptor or the Dodge Charger as patrol cars or high speed 'interceptors' on highways. The border patrol has approx 2,000 sedans. The Border Patrol also operates all-terrain vehicles, motorcycles, snowmobiles, and small boats in riverine environments.
In 2005, all Border Patrol and ICE aircraft operations were combined under CBP's Office of Air and Marine. All CBP vessel operations within the Customs Waters and on the high seas are conducted by Marine Interdiction Agents of the Office of Air and Marine.
Color schemes of Border Patrol vehicles are either a long green stripe running the length of the vehicle (older vehicles) or a broad green diagonal stripe (newer vehicles) on the door. Most Border Patrol vehicles are painted predominantly white. During the 1960s to mid-1980s Border Patrol vehicles were painted a light green.
The Border Patrol also extensively uses horses for remote area patrols. As of 2005, the U.S. Border Patrol has 205 horses. Most are employed along the Mexico–United States border. In Arizona, these animals are fed special processed feed pellets so that their wastes do not spread non-native plants in the national parks and wildlife areas they patrol.[48]
Since 1904, the Border Patrol has lost 123 officers in the line of duty, more than any other federal law enforcement agency during that time period.[49]
Cause of death | Number of officers |
---|---|
Aircraft accident | 14 |
Assault | 10 |
Automobile accident | 33 |
Drowned | 4 |
Duty-related illness | 3 |
Fall | 4 |
Gunfire | 31 |
Gunfire (Accidental) | 4 |
Heart attack | 6 |
Heat exhaustion | 2 |
Motorcycle accident | 3 |
Stabbed | 2 |
Struck by train | 5 |
Struck by vehicle | 4 |
Vehicle pursuit | 2 |
Vehicular assault | 4 |
On August 7, 2008, Mexican troops crossed the border into Arizona and held a U.S. Border Patrol Agent at gunpoint. Agents stationed at Ajo, Arizona said that the Mexican soldiers crossed the border into an isolated area southwest of Tucson and pointed rifles at the agent, who has not been identified. The Mexicans withdrew after other U.S. agents arrived on the scene.[citation needed]
On March 14, 2000, 16 Mexican soldiers in two humvees chased a Border Patrol agent near Santa Teresa, New Mexico, while another agent came under gunfire. Backup arrived and the soldiers were detained. The Mexican government said the soldiers got lost. The U.S. State Department ordered them sent back to Mexico along with their weapons.[50]
Testifying in front of the United States Senate, Border Patrol Chief Mark Morgan said that the Border Patrol is the one of the most assaulted law enforcement agencies;[51] since 2006, over seven thousand agents of the Border Patrol were attacked.[52] On numerous occasions USBP agents have been fired upon from the Mexican side of the international border. Intelligence gathering has discovered bounties being placed on Patrol Agents to be paid by criminal smuggling organizations upon the confirmed murder or kidnapping of a U.S. Border Patrol Agent. In 2008, intelligence learned of a two-million-dollar contract for the murder of a Border Patrol Agent. In 2009 Border Patrol Agent Rosas was murdered in an ambush while on patrol; a bounty may have been paid to the assassins.[53]
See also:Criticism of the United States government § Criticism of agencies
In February 2005, Border Patrol Agents Ignacio Ramos and Jose Compean were involved in an incident while pursuing a van in Fabens, Texas. The driver, later identified as Aldrete Davila, was shot by Agent Ramos during a scuffle. Davila escaped back into Mexico, and the agents discovered that the van contained a million dollars worth of marijuana (about 750 pounds). None of the agents at the scene orally reported the shooting, including two supervisors: Robert Arnold, first-line Supervisor and Jonathan Richards, a higher ranking Field Operations Supervisor.[54][55]Ramos and Compean were charged with multiple crimes. Ramos was convicted of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence, and a civil rights violation.[56] Compeán was found guilty on 11 counts, including discharging a firearm during the commission of a violent crime, which by itself carries a federally mandated 10-year minimum sentence. Without that charge, both agents involved would have received far shorter sentences. Ramos was sentenced to 11 years and a day in prison and Compean to 12 years.[57] Jonathan Richards was promoted to the Patrol Agent in Charge of the Santa Teresa, New Mexico Border Patrol Station soon after the incident.[58] On January 19, 2009, President Bush commuted the sentences of both Ramos and Compean, effectively ending their prison term on March 20, 2009,[59] and they were released on February 17, 2009.[60] The case generated widely differing opinion among various commentators and advocacy groups: civil libertarians asserted the agents used illegal and excessive force, while advocates of tighter border control defended the agents actions.[61]
Sergio Adrian Hernandez was a teenager who was shot once and killed on June 7, 2010 by Border Patrol agents under a bridge crossing between El Paso, Texas and Juarez, Mexico.[62]
Border Patrol agents claimed that there was a mob that was throwing stones at them.[62] They also claimed that Hernandez was trying to cross the U.S. border and that he had already tried to do so in the past[citation needed]. For his involvement in the incident, Border Patrol agent Jesus Mesa, Jr. invoked qualified official immunity in his defense.[63]
On June 10 the Mexican president Felipe Calderón called on the United States to launch a 'thorough, impartial' probe into the deaths of two Mexican nationals, including the 14-year-old Hernandez, at the hands of U.S. border police: 'I demand the United States government conduct a thorough, impartial ... investigation, concluding with an establishment of the facts and punishment of the culprits.'[64]
On June 12, 2010 the television network Univision aired cellphone video footage of the incident, after which Mexican legislators called for the extradition of the officer accused of the shooting.[65][66]
On May 30, 2010 Anastasio Hernandez-Rojas died of a heart attack while in the custody of United States Border Patrol (USBP), Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) and agents and officers at the San Diego–Tijuana border[67][68] He was beaten and then shocked by Tasers on at the San Diego–Tijuana border[67][68] within view of many bystanders with cameras on the busy pedestrian bridge at the San Ysidro Port of Entry.[67] Although the United States Department of Justice (DOJ) investigation concluded on November 6, 2015 that Hernández Rojas died of a heart attack, an offer of a million-dollar settlement was made to his family.[68] None of the agents or officers involved were fired or disciplined for excessive use of force.[68] In February 2017, his common-law wife and five children accepted the settlement.[69] Hernández-Rojas's death was profiled in a 2012 PBS report called Crossing the Line,[70] in Nonny de la Peña's, 2013 five-minute-long virtual reality called Use of Force[71] and in a 2014 American Civil Liberties Union report.[72]
As the Washington Office on Latin America's Border Fact Check site points out, a similar incident occurred in October 2012 when 16-year-old Jose Antonio Elena Rodriguez was killed in downtown Nogales, Mexico when a Border Patrol Agent, Lonnie Swartz, opened fire at a group of people allegedly throwing rocks at him; Rodriguez was shot seven times in the back. WOLA and other human rights organizations assert that '...[L]aw enforcement experience offers a series of non-lethal responses to rock throwing incidents along the U.S.-Mexico border,' such as pepper ball launchers.[73] In September 2015, Swartz was indicted on the charge of second-degree murder.[74]
On November 25, 2013, the San Diego Tribune reported that 100 migrants who tried to cross the border illegally near the San Ysidro port were pepper-sprayed and tear-gassed after throwing bottles and rocks at border patrol agents.[75] A similar incident was reported in November 2018.[76]
Various civil society and human rights organizations have alleged that abuses of migrants by Border Patrol agents occur frequently:
Incidences of corruption in the U.S. Border Patrol include:
National Border Patrol Council (NBPC) is the labor union which represents over 17,000 Border Patrol agents and support staff. The NBPC was founded on November 1, 1965, and its parent organization is the American Federation of Government Employees, AFL-CIO. The NBPC's executive committee is staffed by current and retired Border Patrol agents and, along with its constituent locals, employs a staff of a dozen attorneys and field representatives. The NBPC is associated with the Peace Officer Research Association of California Legal Defense Fund California's Legal Defense Fund.[89]
The Border Patrol Foundation was founded in 2009 to assist the survivors of agents killed in the line of duty. The foundation provides financial support to immediate family members, peer family support, and a scholarship to eligible children. The foundation recognizes community leaders who have supported the families of fallen agents, and supports programs to improve awareness of the risks faced by agents.[90]
Name[91] | Term | Notes |
---|---|---|
Willard F. Kelly | 1924–1944 | |
John Nelson | 1944–1946 | |
Donald Tollaer | 1946–1950 | |
Harlon B. Carter | 1950–1957 | |
James F. Greene | 1957–1959 | |
Donald R. Coppock | 1960–1973 | |
Robert L. Stewart | 1973–1977 | |
Robin J. Clack | 1977–1979 | |
Donald Day | 1979–1980 | Acting |
Roger P. 'Buck' Brandemuehl | 1980–1986 | |
Hugh Brien | 1986–1989 | |
Michael S. Williams | 1990–1995 | |
Douglas M. Kruhm | 1995–1998 | |
Gustavo de la Viña | 1998–2004 | |
David V. Aguilar | 2004–2010 | |
Michael J. Fisher | 2010–2015 | |
Ronald Vitiello | 2015–2016 | Acting[92] |
Mark Morgan | 2016–2017 | Resigned January 26, 2017[93] |
Ronald Vitiello | 2017 | Became Acting Deputy Commissioner of the CBP on April 26, 2017[1] |
Carla Provost | 2017 | Acting[1] |
2018–present | Promoted to permanent post, first female chief[94] |
The data compiled in this report suggest that law enforcement in the southwest region of the United States may be verging on lawlessness. This statement receives fuller support from announcements emanating from the INS. In December 1997, John Chase, head of the INS Office of Internal Audit, announced at a press conference that public complaints to the INS had risen 29% from 1996, with the 'vast majority' of complaints emanating from the southwest border region. Over 2,300 complaints were filed in 1997 as opposed to the 1,813 complaints filed in 1996. Another 400 reports of 'minor misconduct' were placed in a new category. Chase was quick to emphasize, however, that the 243 'serious' allegations of abuse and use of excessive force that could warrant criminal prosecution were down in 1997, as compared with the 328 in 1996. These 'serious' cases are considered to be distinct from less serious complaints, such as 'verbal abuse, discrimination, extended detention without cause.
Media related to United States Border Patrol at Wikimedia Commons
This is the list of the Border Guard agencies in different countries. Such agencies may also be known as Border Patrol, Border Police, Border Troops, Frontier Guard or Frontier Police.
Immigration and Border Service
Border Surveillance