U.S. Border Patrol horses used unnecessary force and infringed agency policy to disperse Haitian migrants who were trying to get food to their families. This was after a lengthy Customs and Border Protection investigation (CBP), that lasted months.
According to CBP officials, four Border Patrol agents were notified as a result of the investigation that they would face disciplinary actions. They declined to discuss what these measures might entail, citing an ongoing internal and appeals process.
The investigation found that a Border Patrol supervisor authorized a horse patrol unit to assist Texas officials in stopping migrants from entering the U.S. via the Rio Grande. This was despite CBP's policy of allowing migrants to return to Texas through Mexico.
According to sources familiar with the findings, the CBP Disciplinary Board proposed a suspension of 7 days for the U.S. Border Patrol Supervisor who instructed horse patrol agents in Texas to assist Texas officials with their request at the Rio Grande River.
CBP officials claimed that some agents improperly threatened migrants and tried to force them into the river. This would be against U.S. law which requires that authorities process migrants before they deport them or allow them to remain. Investigators found that the migrants were not acting as threatening agents. Some were also carrying U.S. tickets that would have allowed them safe passage.
The probe was focused on the conduct by a few mounted Border Patrol agents at Del Rio in September, when thousands of Haitian migrants arrived suddenly at the border. This forced U.S immigration officials to create a temporary processing site under an international bridge.
News footage from the time showed Border Patrol agents on horseback chasing and herding Haitian migrants close to the Rio Grande. Split reins are a type used by horse riders and were being used by some agents.
The 511-page report stated that "a lack of command control and communication caused (horse patrol) personnel to carry out an operation at (Texas Department of Public Safety) which directly violated (U.S. Border Patrol's operational objectives and resulted (U.S. Border Patrol's) unnecessary use of force against migrants trying to reenter (U.S.) with food."
CBP did not find any evidence that mounted agents had struck anyone with their reins. This contradicts claims made by Democrats and advocates that migrants were whipped. Senior agency officials requested anonymity in order to discuss the probe prior to the release of the report.
CBP Commissioner Chris Magnus stressed that whips were not part of border patrol training and equipment during Friday's press conference. Investigators also determined that agents involved in Del Rio activities were not equipped with whips.
However, the commissioner noted that at least one agent involved reported twirling his horse’s reins as an "distancing tactic." Magnus said that a review of CBP training documents did not provide any guidance regarding twirling the reins for any purpose.
One video shows a U.S. border officer mounted telling a migrant man, who was huddled together with a group children and women, "This is why our country's sh**," The agent tried repeatedly to block the man's progress.
CBP found that the CBP agent who shouted at the migrant was unprofessional. Investigators also found that the same agent chased a migrant on horseback, almost hitting a child, according to CBP.
CBP conducted a 30-minute investigation into the actions of several Mounted Border Patrol Agents near the Rio Grande on September 19, 2021. Investigators believe the incident was a result of a request from Texas Department of Public Safety officials who requested assistance from Border Patrol agents in stopping the flow of migrants.
Although the request was against CBP policy, a Border Patrol supervisor ordered a unit mounted agents to assist state officials in stopping the entry of migrants. Investigators were told by the supervisor that he granted the authorization because he didn't have enough guidance from his supervisors.
Mounted agents were instructed to confront migrants at the river to try to stop them from entering. However, no migrants were forced to return to Mexico. Investigators said that there were several confrontations, including one in which an agent shouted obscenities at a migrant, and another where an agent grabbed and turned a migrant around.
About 30 minutes into the confrontations, the Border Patrol agent made an emergency radio call asking for guidance. He was instructed to let the migrants cross the river.
Advocates for asylum-seekers, Democratic lawmakers, and top Biden administration officials including President Biden and Vice President Kamala Harris, as well as Homeland Security Secretary Alejandro Mayorkas ordered an investigation into the conduct of the agents.
Senior CBP officials claim that the agency treated the incident initially as a criminal matter and referred it to the U.S. Attorney's Office of the Western District of Texas (September 29). Six months later, the prosecutors decided not to press criminal charges.
Senior CBP officials acknowledged that investigators were unable to interview the U.S. border agent directly involved in the incident for months after the U.S. Attorney's office released its determination.
Magnus said during Friday's CBS News press conference that he was "not happy" about the time it took to investigate the case. Magnus said that part of his frustration is the amount of time it took for the U.S. Attorney to decide whether to drop any criminal charges in connection with the investigation. It took just over five months.
Senior CBP officials were hesitant to make a formal announcement. However, CBP's Disciplinary Review Board was charged with conducting a parallel disciplinary review. It shared its proposal on Thursday with the U.S Border Patrol agents.
According to CBS News, no firings were suggested by officials who are familiar with the findings. The four U.S. Border Patrol officers' attorneys will have 10 days to respond and to provide additional evidence if necessary.
According to people familiar with the process, once agents have had the opportunity to respond to the Disciplinary Review Board's proposals, a senior executive officer from CBP will decide whether agents will be disciplined, or exonerated. CBP may exonerate agents if the agents agree to the Review Board's recommendations. Agents may appeal to an independent third party if CBP does not uphold or reduce disciplinary actions.
CBP's most recent report on Internal Investigations and Employee Accountability shows that the agency had more than 4,100 disciplinary actions during fiscal 2020. Only 86 employees were fired, and 120 were put on probationary termination. In fiscal 2020, 1,042 employees were given "reprimands", while 2,112 received counseling.
CBP is regularly criticized for not taking disciplinary action. Bipartisan outrage over the prolonged investigation of Del Rio mounted officers by CBP prompted a slow pace in its internal probe.
CBP's Office of Professional Responsibility (OPR), which compiled 511 pages of information, recommended disciplinary action. It also suggested a series of agency-wide reforms, including stronger leadership and management accountability, audit of horse patrol training policies, crowd control tactics, and standardization of communication assets.
Senior CBP officials claim that investigators were unable to access communications during the incident, which hampered their fact-finding mission. Officials claimed that law enforcement communications were carried out on a radio frequency not recorded by CBP.
Interview with Raul Ortiz, Chief Border Patrol Officer, stated that he sent the Carrizo Springs horse patrol into the Del Rio sector in order to protect agents and migrants. Investigators claim that Ortiz admitted to the inadequacies of the command structure and took responsibility.
CBP did not interview migrants as part of its investigation. However, agency officials stated that attorneys representing 11 asylum seekers were consulted.
CBP data shows that more than 17,000 Haitian migrants crossed the border into the United States last September. This is a monthly record for this nationality. It has allowed some Haitians to remain and seek asylum in the U.S. but the Biden administration responded to this sharp rise in border arrivals with a massive deportation campaign against Haiti.
According to government data, since September's deportation operation, the U.S. used Title 42, a public law governing health, to expel more 18,000 Haitians from the United States without processing their asylum claims.
Since September, approximately 80,000 Haitians have been processed by U.S. border officers. Some of these people are from South America, where they had lived for years. Others began their journey from Haiti, where they have continued to struggle with extreme poverty, natural catastrophes, and political turmoil.
Magnus was asked if the Border Patrol would be open to phasing out horse patrol units.
"They must do their work on very rough terrain, in areas where horses may be the only option to access someone in need."
Magnus said he had "certainly [had] every intention to maintain the horse patrol." But I think we should be looking at other areas it might not work. Horse patrol might not be the best fit for certain areas. Crowd control is one area we are looking at."
