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CBP Use of Force Case Summaries

CBP continues to implement significant policy, procedural and programmatic initiatives that ensure the safety of CBP personnel while striving to earn the public trust. To that end, CBP established U.S. Customs and Border Protection’s National Use of Force Review Board (NUFRB) in December 2014 as part of the many initiatives adopted by CBP to increase accountability and transparency.

The NUFRB is a committee of senior leaders from CBP, the Department of Justice, the Department of Homeland Security and U.S. Immigration and Customs Enforcement assigned to review use of force incidents resulting in serious physical injury or death, or any incident involving the discharge of a firearm in a non-training setting. The board reviews cases that have completed the investigative process and have been declined for prosecution by either a U.S. Attorney, state or local prosecutor.
The board considers the following:

Whether use of force is within policy;
Whether there is possible misconduct associated with the application of force; and
Whether lessons can be learned from the incident in terms of techniques, tactics, policy, training and equipment.

Following senior agency leadership concurrence or non-concurrence with the NUFRB’s conclusions, the Commissioner makes the final determination regarding whether the use of force was within policy.
Below are summaries of use of force cases that have completed CBP’s internal review process as well as the conclusions of the NUFRB’s review of those cases.

E.g., 2019-10-23
E.g., 2019-10-23
On April 7, 2016 two Border Patrol agents from the U.S. Border Patrol Tactical Team (BORTAC) were working as a surveillance team (in conjunction with other BORTAC teams) near Arizona City, AZ.  The weather conditions...
On the morning of March 21, 2016, a CBP officer assigned to the Dennis DeConcini Port of Entry in Nogales, Arizona encountered a pedestrian in the primary vehicle inspection lanes. After a brief verbal exchange, in which the...
On Oct. 20, 2015 at 2357 hours (11:57 p.m. PST), a CBP officer (CBPO) assigned to the Calexico, CA Port of Entry was about to open a vehicle inspection lane. The iron gate at the entrance to the inspection lane was ajar just...
On Oct. 19, 2015, a United States Border Patrol Agent (BPA) assigned to the Brian A. Terry Border Patrol Station in Naco, AZ was involved in a shooting incident. A male subject was attempting to climb over the international...
On the evening of September 23, 2015, Border Patrol Agents (BPAs) assisted Michigan State Police (MSP) Troopers in searching for the subject of a missing person/suicidal person alert on Drummond Island, Michigan. While...
On June 17, 2015, at approximately 8 p.m., CBP Air and Marine Operations (AMO) agents observed a vessel, commonly known as a panga, underway northbound off the coast of Rosarito, Baja California, Mexico.  Agents...
On May 7, 2015, at 3:50 p.m. local time, a U.S. Border Patrol agent working at a border checkpoint near Waddington, New York, was approached by an individual driving a black sedan. The agent motioned the driver to stop the...
On April 11, 2015, two U.S. Border Patrol agents on patrol near Arivaca, Arizona, responded to radio reports from an agent operating a Mobile Surveillance Capability (MSC)2 truck about group activity on a ridge south of an...
On March 19, 2015, at approximately 2:45 p.m. local time, a sensor activated on the U.S.-Canadian border. Two Border Patrol agents assigned to the Sumas Border Patrol Station in Sumas, Washington, were immediately dispatched...
On March 10, 2015 in Alpine, CA, a U.S. Border Patrol agent encountered a male subject at an apartment complex while attempting to serve a felony arrest warrant (for forcible rape of a child) as part of a U.S. Marshals...

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