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  3. Questions Surround Killings by Border Patrol Agents

Questions Surround Killings by Border Patrol Agents

Dec 18, 2013 | Police Misconduct

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Nogales is only 180 miles south of Phoenix, but there is a world of difference between the two cities. Nogales shares with other border towns in Arizona, and in other states, including Texas and California, the distinction of having people killed with apparent impunity by United States Border Patrol agents. Is it police brutality or self-defense? To answer the question, we need information, but the government seems to be stonewalling.

Here are some of the facts and statistics on the issue:

  • Since 2005, agents of the U.S. Border Patrol and officers of Customs and Border Protection have been responsible for killing 42 people during times when those agents and officers were on duty. Thirteen of those killed were Americans. All but four of the deaths occurred at or near the southwestern U.S.-Mexico border.
  • There is apparently a wall of silence surrounding the investigation and discipline (or lack thereof) imposed on those responsible for the deaths. Officials of CBP tell us that things are handled properly, but they won’t provide details of who has (or has not) been disciplined, and the nature of any disciplinary action taken.
  • On at least three occasions, agents shot unarmed black teenagers in the back.
  • One-third of the 24 instances of killings in the past four years involved rock-throwing incidents. CBP says that rocks are deadly weapons, and that their use justifies lethal force. On eight occasions in the last four years, agents killed people they say were throwing rocks at them, sometimes from across the border. Of 160 rock-throwing incidents over the past several years, only three led to agents being injured by the rocks. We have no idea (because the agencies aren’t talking) whether non-lethal alternatives were considered in these situations; we can tell you, however, that a recent report by the Office of the Inspector General of Homeland Security concluded that many agents do not understand the use of force policy.
  • Border Patrol agents tell us that their lives are in jeopardy while out in the field, citing 22 of their number who have died in the line of duty since 2004. While there have been agents who have died, only four were killed while engaged with direct aggression, and one of those cases involved agents firing at one another. The bulk of the deaths occurred during training or in vehicle accidents.

We could go on, but you get the point. Without full disclosure of the steps taken by government agencies to investigate and, where appropriate, to impose discipline, public confidence in the performance of these agencies will continue to deteriorate.

Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028

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