House Committee Releases Report on Border Agents Misconduct, CBP’s Flawed Disciplinary
A recent staff report from the House’s Committee on Oversight and Reform (HCOR) states few of Customs and Border Protection’s (CBP) border agents faced repercussions for misconduct for social media posts.
The report presents the results of an investigation launched in 2019 into social media posts by Customs and Border Protection (CBP) personnel in secret Facebook groups – most notably of the “I’m 10-15” group (a name that refers to law enforcement code for undocumented immigrants in custody), which featured threats of harming migrants and elected officials posted by CBP personnel.
"CBP's failure to prevent these violent and offensive statements by its own agents or impose adequate discipline creates a serious risk that this behavior will continue," stated Rep. Carolyn Maloney (D-NY).
The Trump Administration obstructed this inquiry, by refusing to provide House lawmakers with documents relating to the investigation. Following the Trump Administration’s departure, CBP began compiling unredacted documents for House investigators in February of 2021.
Initially, the CBP Discipline Review Board (DRB) investigation found 60 employees violated the agency’s code of conduct, and subsequently recommended the termination of 24 border agents. The Committee’s probe found that two employees were fired, 43 employees were suspended without pay, 12 employees received letters of reprimand, and three employees were suspended with pay. Further, 10 employees retired before the disciplinary process began.
The Department of Homeland Security’s (DHS) Office of Inspector General (OIG) also released investigation discoveries earlier this year into CBP leadership’s handling of this Facebook group, finding multiple reports of misconduct to senior officials as early as August 2016.
HCOR’s report concludes with recommendations for CBP to avoid further misconduct, including:
A commitment to accountability for social media misconduct
Bolster social media training
Reform the hiring and disciplinary processes
According to CBP, they intend to be more transparent in future, planning a new section of the agency’s website dedicated to disclosing data and policies.
"DHS, including CBP, is participating in an internal review as directed by Secretary Mayorkas to identify and terminate intolerable prejudice, and to reform policies and training. CBP is working to review policies and to underscore the need to respect the dignity of every individual, fight against discrimination, safeguard civil rights and civil liberties, and increase transparency and accountability,” stated spokesperson for CBP.
Two of the disciplined employees have filed a petition for review with the Merit Systems Protection Board (MSPB).