WASHINGTON – Border Patrol agents have deliberately stepped in the path of cars to justify shooting at the drivers and have fired in frustration at people throwing rocks from the Mexican side of the border, according to an independent review of 67 cases that resulted in 19 deaths.
The report by law enforcement experts criticized the Border Patrol for “lack of diligence” in investigating U.S. agents who had fired their weapons. It also said it was unclear whether the agency “consistently and thoroughly reviews” use-of-deadly-force incidents.
U.S. Customs and Border Protection, which had commissioned the review, has tried to prevent the scathing 21-page report from coming to light.
House and Senate oversight committees requested copies last fall but received only a summary that omitted the most controversial findings – that some border agents stood in front of moving vehicles as a pretext to open fire and that agents could have moved away from rock throwers instead of shooting at them.
The Los Angeles Times/Tribune Washington Bureau obtained the full report and the agency’s internal response, which runs 23 pages. The response rejects the two major recommendations: 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.
The response, marked “Law Enforcement Sensitive,” states that a ban on shooting at rock throwers “could create a more dangerous environment” because many agents operate “in rural or desolate areas, often alone, where concealment, cover and egress is not an option.”
If drug smugglers knew border agents were not allowed to shoot at their vehicles, it argues, more drivers would try to run over agents.
The new secretary of Homeland Security, Jeh Johnson, is “reconsidering the response” to the two recommendations, a Homeland Security official said Wednesday.
Mexican authorities have complained for years that U.S. border agents who kill Mexicans are rarely disciplined and that the results of investigations are not made public for years. Critics warn that more deaths or abuses are inevitable unless stricter rules are imposed to limit use of lethal force.
The review was completed in February 2013 by the Police Executive Research Forum, a nonprofit research and policy organization in Washington that works closely with law enforcement agencies. Experts from the group were allowed to examine internal Border Patrol case files on 67 shooting incidents from January 2010 to October 2012.
The authors said evidence in the case files suggested border agents in some cases stood in the road to shoot at drivers who were trying to avoid arrest and who posed no direct lethal threat to them or others.
Border Patrol officials defended the use-of-force policies, arguing that agents needed broad flexibility to protect themselves and the nation’s borders.