The Border Patrol Is Going to Eliminate Its Secretive Critical Incident Teams

U.S. Customs and Border Patrol (CBP) introduced in a Could 6 memorandum that it might get rid of its Border Patrol Essential Incident Groups (BPCITs). The groups have confronted criticism for his or her secretive function on the scenes of incidents involving Border Patrol brokers through which somebody has died or been critically injured.

BPCITs at present reply to essential incidents, outlined as “any incident that entails CBP personnel that leads to, or is meant or more likely to lead to, severe bodily harm or dying; a use of power; or widespread media consideration.” This may end up in the Border Patrol investigating itself to guard the company or particular person brokers. In truth, Border Patrol itself has described these groups as conducting investigations for “mitigation of civil legal responsibility.” There is no such thing as a identified equal to such a workforce in different regulation enforcement companies.

The memo, written by CBP Commissioner Chris Magnus, instructs company parts to assist preparations to get rid of BPCITs by October 1, 2022. CBP’s Workplace of Skilled Accountability (OPR), a division particularly assigned oversight authority of CBP staff, will assume accountability for essential incident response. Earlier this yr, CBP issued interim steering requiring that OPR supervise any use of specialised groups to reply to essential incidents. After OPR takes over responding to essential incidents, the Border Patrol will nonetheless be capable to gather proof in sure different conditions reminiscent of border enforcement seizures and incidents involving property harm however no severe harm.

Preparations for the change will embody hiring new workers, creating coaching and protocols, and buying tools and expertise. Congress has already funded OPR to rent as many as 350 new personnel. Some present personnel with related abilities could also be transferred or briefly assigned to OPR.

BPCITs have existed in some type since 1987 beneath numerous names. However they’ve acquired restricted media consideration as a consequence of their secretive nature. They don’t seem to be talked about in federal statutes or rules, public authorities paperwork, or the Division of Homeland Safety acronyms checklist.

The groups first got here to the general public’s consideration in paperwork associated to the 2010 dying of Anastasio Hernandez Rojas. Border Patrol brokers “hogtied [Mr. Hernandez Rojas], dragged him, beat him with batons, punches and kicks, stood and kneeled on his physique in opposition to the bottom, and tasered him repeatedly for prolonged lapses of time, even after he had change into unresponsive, thus inflicting his dying.” BPCIT didn’t notify the San Diego Police Division of the incident. It additionally refused to offer police with medical data, tampered with proof, and didn’t protect video proof.

BPCITs have been conducting investigations with out the authorized authority to take action, as Congress has not offered the Border Patrol with authority to research itself. The one companies with authorized authority to research Border Patrol misconduct are state and native regulation enforcement companies, the Federal Bureau of Investigations, the DHS Workplace of Inspector Common, and in some restricted circumstances, OPR.

In 2013, an exterior evaluation of CBP’s use-of-force coverage beneficial defining the authority and function of BPCITs. As a substitute of following the advice, the company eliminated all mentions of the groups from the coverage.

In October 2021, the Southern Border Communities Coalition referred to as on Congress to research BPCITs. In November 2021, the Border Patrol confirmed in a press assertion the existence of specialised groups that reply to essential incidents however didn’t identify them.

In January, 10 Home and Senate committee and subcommittee chairs referred to as on the Authorities Accountability Workplace to research BPCITs. The identical day, the Home Committee on Homeland Safety and the Home Committee on Oversight and Reform introduced their very own joint investigation into whether or not BPCITs had interfered in investigations of Border Patrol use-of-force to guard brokers from being held accountable.

BPCITS are a key piece of a bigger downside of general impunity for Border Patrol misconduct. Though CBP doesn’t reliably report deaths from essential incidents, advocates have documented the deaths of over 200 folks both in CBP custody or as the results of an encounter with brokers since 2010. Deaths from Border Patrol automobile chases have elevated lately. No Border Patrol agent has ever been prosecuted for use-of-force that resulted in a dying. 160 inner experiences of misconduct and abuse by DHS officers, largely CBP brokers, exhibit the rampant abuse throughout the company.

The elimination of BPCITs is a vital step. Nevertheless, the pending congressional and GAO investigations should decide the total scope of those groups’ repeated obstruction of justice. All use-of-force incidents investigated by BPCITs ought to be re-examined as an additional step towards holding the Border Patrol accountable for its tradition of violence and impunity.

FILED UNDER: border patrol, Customs and Border Safety