CBP-OPR Finds Excessive Force in Border Patrol Incident, No Evidence of Striking

Glenn Fawcett | DHS

The Customs and Border Protection’s (CBP) Office of Professional Responsibility (OPR) issued a report analyzing the confrontation between Haitian migrants and four Border Patrol (BP) agents that garnered national attention last September. The 511-page report stated investigators found no evidence that the agents struck the migrants with their reins but noted an “unnecessary use of force” as a result of a lack of command, control, and communications across the Horse Patrol Unit. 

According to the report, on September 19, 2021, multiple mounted BP agents attempted to impede migrant movement across the Rio Grande River through threats or use of force. This action contrasted with the operational decision the agency made to allow migrants to freely access food, water, and other necessities due to resource constraints and extreme heat.

OPR concluded CBP management provided inadequate policy guidance coupled with ineffective command control. Recommendations to CBP include (1) revising Horse Patrol Units’ policies and procedures; (2) strengthening command during large-scale operations; (3) and implementing innovative trainings.

Upon completion of its final investigation, OPR released its final report to CBP leadership on April 11, 2022. CBP disciplinary proceedings began on April 19, 2022. CBP convened a Disciplinary Review Board from across the agency and the agency process for determine the appropriate discipline is underway.

In response to the report, CBP Commissioner Chris Magnus agreed with the OPR findings and said the agency would be taking “a series of corrective actions to remedy the organizational and management issues identified in the report.”

“Several agents engaged in unprofessional or dangerous behavior, including one instance in which an agent used denigrating and offensive language,” Commissioner Magnus stated. “We have already begun making changes to address agency shortcomings identified in the report.”

Investigators conducted over 30 interviews with eyewitnesses to supplement the report, including members of the public, reporters, border patrol leadership, and the agents involved. According to Commissioner Magnus, OPR attempted to speak with the Haitian migrants involved, but they could not be located. Investigators instead focused on statements and court documents submitted by those involved in their lawsuits against U.S. authorities.