US Border Patrol implements updated harassment policy

ALBUKERC, New Mexico — U.S. border officials announced changes to their policy to prosecute smugglers and other crime suspects Wednesday after extensive review and criticism from immigrant advocates that pointed to cases of passengers dying when drivers fled law enforcement. .

Customs and Border Protection announced the changes on Wednesday, just days after a plane crash in southern New Mexico that killed two people and injured eight on Sunday. Another accident on January 5 followed the shooting of a border guard officer.

The agency said the updated directive provides a framework for weighing the risks of retaliation against the benefit or need of law enforcement. The agency said it reviewed more than two dozen vehicle harassment policies from various US law enforcement agencies to develop a new policy.

“As a professional law enforcement organization, CBP continually updates policies to reflect best practices, public safety needs, and changing public expectations,” Acting Commissioner Troy Miller said in a statement. “The safety of officers, agents, and the public is paramount in carrying out our mission.”

Officials said the policy outlines factors to consider when deciding whether a vehicle should be pursued and when a pursuit should be stopped — similar to the standards of “reasonableness” that most law enforcement officials consider when dealing with threats to themselves or the public. . It also establishes reporting requirements aimed at enhancing transparency and accountability.

The American Civil Liberties Union of New Mexico criticized Sunday’s crash and urged the agency to prioritize best practices.

“This tragic incident is a horrific but predictable result of the reckless pursuit of border patrol vehicles that endangered the lives of people seeking asylum in the United States, as well as all New Mexico residents,” ACLU attorney Rebecca Scheff said in a statement. statement.

According to CBP, the driver sped up after the agent turned on the hazard lights to stop a vehicle suspected of smuggling people. The driver lost control within seconds.

In August, two Mexican brothers were charged after fleeing authorities and crashing their car, killing two and injuring 10 others just a few miles from the US-Mexico border. According to court documents, the brothers themselves were smuggled into the US and agreed to bring in more migrants to pay off their debt.

Border officials said human smuggling is on the rise in the area, which includes El Paso, Texas and rural New Mexico. They said authorities have unearthed about 60 hiding places and more than 650 migrants since October in an attempt to curb smuggling in the region.

In February 2022, the Homeland Security Office of Civil Rights informed Customs and Border Protection that it had received several complaints of possible civil rights violations related to vehicle harassment during the previous year. The allegations alleged that the personnel were unnecessarily pursuing at high speeds, which was unjustified.

The CPB review began in 2021 and looked at trends and outcomes related to classes. The agency then wrote a new policy for the last year.

The policy will go into effect later this year after training, the agency said. A new office within the CBP Office of Safety and Compliance will oversee implementation and training.

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