Border Patrol Chief Also Issues Directive on Safe Tactics and Techniques

FOR IMMEDIATE RELEASE
CONTACT: Tom Hargis, Director of Communications, ACLU of Texas, 832.291.4776; [email protected]

McAllen – Today, the U.S Department of Homeland Security (DHS) released redacted existing use-of-force policies for Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), as well as DHS. Chief of the Border Patrol, Michael Fisher, also released a Safe Tactics and Techniques directive to Border Patrol agents.

On Feb. 20, in McAllen, Deputy DHS Secretary Alejandro Mayorkas met with 20 civil and human rights advocates in the Lower Rio Grande Valley, including the ACLU of Texas and Rio Grande Valley Equal Voice Network.  The groups shared concerns about the effects of militarization on border communities and requested greater oversight and accountability for CBP personnel.

“We need greater transparency from DHS, which oversees the largest law enforcement agency in the nation,” said Adriana Piñon, senior staff attorney for the ACLU of Texas, who attended the meeting with Mayorkas. “But this is a very modest first step. We call on Deputy Secretary Mayorkas to release the independent report commissioned by CBP, which reportedly criticized Border Patrol’s flawed policies and lack of accountability in use-of-force incidents, and explain why the agency refuses to implement its recommendations in full.”

DHS commissioned an independent report from the Police Executive Research Forum (PERF), which, due to its reportedly scathing criticism and findings of “lack of diligence,” CBP has fought to keep confidential.

“We know the PERF report made specific recommendations, but Border Patrol Chief Fisher failed to adequately address them in his new directive to agents,” said Astrid Dominguez, advocacy coordinator for the ACLU of Texas and attendee of the Feb. 20 meeting. “Those recommendations included barring agents from shooting at individuals in situations that only serve to escalate violence and make our communities less safe. Chief Fisher owes an explanation to the 15 million border residents who call this region home, outlining why he chose to reject recommendations that would make the U.S.-Mexico border safer.”

According to a news report from the L.A. Times, PERF’s independent review recommends “barring border agents from shooting at vehicles unless its occupants are trying to kill them, and barring agents from shooting people who throw things that can't cause serious physical injury.”