4 Records of Alleged Abusive or Improper Conduct where the accountability status is “Criminal Charges Pending”

May 2, 2022

A brief May 9 statement from CBP noted the arrest of a Del Rio Sector Border Patrol agent “on a warrant stemming from an indictment on a charge of Official Oppression in connection with the alleged assault and mistreatment of a juvenile in custody.” (original link) No further details appeared.

— “CBP Statement on Arrest of Del Rio Sector Border Patrol Agent” (Washington: Customs and Border Protection, May 6, 2022) https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-arrest-del-rio-sector-border-patrol-agent.

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Abuse of Minor, Conditions in Custody, Use of Force

Last Known Accountability Status: Criminal Charges Pending

Victim Classification:

April 14, 2022

CBP took 1,919 formal disciplinary actions against members of its 60,000-person workforce in fiscal year 2021, down from 2,021 actions in 2020 and up from 1,629 in 2019, according to a new Report on Internal Investigations and Employee Accountability. (original link).

Just over half of those disciplinary actions (996) were reprimands. In 100 cases were employees removed. Another 2,076 cases ended up with required counselings. These were all roughly similar to 2020 figures.

The report notes 246 CBP employees being arrested a total of 253 times in 2021, a 23 percent increase in arrests over 2020, a year of relatively few arrests. “On average, the employee arrested was 40 years of age and had served just over

10 years with CBP at the time of arrest.” The vast majority of arrests were for “Drug / Alcohol Related Misconduct” or “Domestic / Family Misconduct.” Nine cases were labeled “Corruption,” up from four in 2020.

The agency’s Office of Professional Responsibility (OPR) opened 684 investigations into use of force incidents in 2021, up from 516 in 2020. Twenty-one were for use of deadly force, up from seventeen in 2020. The vast majority of cases were closed because the agents were found not to be violating policy. Of use-of-force cases closed with a disciplinary outcome, 11 resulted in counselings.

OPR opened 1,044 investigations in 2021, down from 1,947 new investigations in 2020. It closed 1,162 investigations, down from 1,994 in 2020.

Report on Internal Investigations and Employee Accountability FY2021 (Washington: CBP, April 14, 2022) https://www.cbp.gov/document/report/report-internal-investigations-and-employee-accountability-fy2021.

Sector(s): Border-Wide

Agency(ies):

Event Type(s): Evading Oversight, Unethical Off-Duty Behavior, Use of Force

Last Known Accountability Status: Criminal Charges Pending, DHS OIG investigation Closed, OPR Investigation Closed, Personnel Terminated, Suspension, Reprimand, or Counseling

Victim Classification:

November 18, 2021

CBP took 2,021 formal disciplinary actions against members of its 60,000-person workforce in fiscal year 2020, up from 1,629 actions in 2019, according to a new Report on Internal Investigations and Employee Accountability. (original link)

Half of those disciplinary actions were reprimands. In 86 cases was the employee removed. Another 2,112 cases ended up with required counselings.

The report notes 196 CBP employees being arrested a total of 201 times in 2020. “On average, the employee arrested was 41 years of age and had served just over ten years with CBP at the time of arrest.” The vast majority of arrests were for “Drug / Alcohol Related Misconduct” or “Domestic / Family Misconduct.” Four cases were labeled “Corruption.”

The agency’s Office of Professional Responsibility (OPR) opened 516 investigations into use of force incidents in 2020, 17 of them for use of deadly force. The vast majority of cases were closed because the agents were found not to be violating policy. Of use-of-force cases closed with a disciplinary outcome, 1 resulted in a removal, 2 in reprimands, and 5 with counselings.

OPR opened 1,947 new investigations in 2020, and closed 1,994 existing investigations.

Report on Internal Investigations and Employee Accountability FY2020 (Washington: Customs and Border Protection, November 18, 2021) https://www.cbp.gov/document/report/report-internal-investigations-and-employee-accountability-fy2020.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Evading Oversight, Unethical Off-Duty Behavior, Use of Force

Last Known Accountability Status: Criminal Charges Pending, DHS OIG investigation Closed, OPR Investigation Closed, Personnel Terminated, Suspension, Reprimand, or Counseling

Victim Classification:

September 18, 2021

A CBP officer was among those arrested at the small “Justice for January 6” far-right protest in Washington on September 18. “The officer had a gun, but was not on duty at the time of arrest,” reported Nicole Sganga of CBS News.

— “Tweet by Nicole Sganga @NicoleSganga” (Twitter: September 20, 2021) https://twitter.com/NicoleSganga/status/1440029782545092619.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Insubordinate or Highly Politicized Conduct, Unethical Off-Duty Behavior

Last Known Accountability Status: Criminal Charges Pending, Shared with DHS OIG

Victim Classification: