3 Records of Alleged Abusive or Improper Conduct where the event type is “Evading Oversight” where the accountability status is “OPR Investigation Closed”

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:

October 25, 2021

A strongly (and explicitly) worded report from the House of Representatives’ Committee on Oversight and Reform, issued on October 25, detailed the disciplinary process following 2019 revelations of a secret Facebook page at which CBP personnel posted racist, violent, and lewd content (original link). The Committee discovered that for most involved, consequences were light: they “had their discipline significantly reduced and continued to work with migrants” (original link).

In July 2019, ProPublica revealed the existence of “I’m 10-15,” a Facebook group with about 9,500 members, many or most of them CBP and Border Patrol personnel. (“I’m 10-15” means “I have migrants in custody.”) ProPublica, and later the Intercept, posted screenshots of content replete with sexual imagery, threats of violence, racist sentiments toward migrants, and disparagement (or worse) of left-of-center political figures.

“CBP knew about Border Patrol agents’ inappropriate posts on ‘I’m 10-15’ since 2016, three years before it was reported publicly,” the House Committee found. Among the Facebook group’s members were Border Patrol’s last two chiefs, Carla Provost (2018-2020) and Rodney Scott (2020-August 2021). Both indicated that they followed the group in order to monitor agents’ attitudes and complaints. After ProPublica revealed the page’s existence, Provost had said “these posts are completely inappropriate” and that agents “will be held accountable.”

Investigators had a hard time finding out whether anyone was indeed being held accountable. Facebook refused to provide content from the page to investigators from CBP’s Office of Professional Responsibility (OPR), forcing them to rely on screenshots obtained by media outlets. During the Trump administration, CBP refused to hand over disciplinary records to the House Oversight and Reform Committee, even after the committee issued a November 2020 subpoena. The records were turned over in February, after Donald Trump left office.

The Committee found “significant shortcomings in CBP’s approach to disciplining and training employees on social media misconduct.” CBP OPR opened 135 investigations into allegations related to “I’m 10-15” and other unnamed secret Facebook groups. A chief patrol agent, in the role of “deciding official,” made all disciplinary decisions.

This individual decided that 60 of the 135 CBP employees committed misconduct. In the end, the Committee found, “Almost all received significantly lighter final penalties than proposed by CBP’s Discipline Review Board.”

In the end:

  • 2 were fired; CBP’s Discipline Review Board had recommended 24 removals. Both had published sexualized and in some cases violent images of Rep. Alexandria Ocasio-Cortez (D-New York), among other disturbing content.
  • 43 were suspended without pay, most for five days or fewer; the Discipline Review Board had recommended 60 suspensions. Those suspended were “then permitted to return to work in positions of power over migrants,” the Committee’s report notes.
  • 12 received letters of reprimand, 3 received “alternate disciplinary actions” like suspension with pay, 11 received “corrective or non-disciplinary actions,” and 10 took retirement before disciplinary action was taken. Twelve appealed their punishments.

“The CBP discipline system is broken,” a report from an independent DHS panel had stated in 2016 (original link). “No one official and no single office of CBP is actually responsible for assuring timeliness for all phases of the discipline process,” it notes, while “responsibility for investigating an allegation of misconduct is fragmented.” Improving human rights oversight was not a priority during the Trump administration, so no notable accountability progress was made since that report’s publication.

The House Oversight and Reform Committee report described the byzantine accountability process:

OPR investigates the conduct, and CBP’s Discipline Review Board proposes discipline. A deciding official then makes a discipline determination. In some cases, when CBP substantiates allegations of misconduct, employees may be able to appeal to the Merit Systems Protection Board (MSPB); file a grievance with a CBP employee union such as the National Border Patrol Council, which may invoke arbitration on behalf of the employee; or, if they believe the action was discriminatory, file a complaint with the Equal Employment Opportunity Commission.

This description left out the DHS Office of Inspector General and Office on Civil Rights and Civil Liberties, which may play at least tangential roles.

“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,” read a press statement from the committee’s chairwoman, Rep. Carolyn Maloney (D-New York). “As we saw with the mistreatment of migrants by Border Patrol agents in Del Rio, Texas last month, systemic behavior problems within CBP persist. CBP must take immediate steps to reform its disciplinary processes, strengthen social media policies and training, and address longstanding issues of poor morale within its ranks.”

Border Patrol Agents in Secret Facebook Group Faced Few Consequences for Misconduct (Washington: House of Representatives Committee on Oversight and Reform, October 25, 2021) https://oversight.house.gov/sites/democrats.oversight.house.gov/files/COR%20CBP%20Facebook%20Group%20Report%20-%20October%202021.pdf.

— “Committee Report Reveals CBP Reduced Discipline for Dozens of Agents and Allowed Them to Continue Working with Migrants Despite Violent and Offensive Facebook Posts” (Washington: House of Representatives Committee on Oversight and Reform, October 25, 2021) https://oversight.house.gov/news/press-releases/committee-report-reveals-cbp-reduced-discipline-for-dozens-of-agents-and-allowed

Final Report of the CBP Integrity Advisory Panel (Washington: Department of Homeland Security, March 15, 2016) https://www.dhs.gov/sites/default/files/publications/HSAC CBP IAP_Final Report_FINAL (accessible)_0.pdf.

Sector(s): Border-Wide

Agency(ies): Border Patrol, CBP

Event Type(s): Abusive Language, Evading Oversight, Insubordinate or Highly Politicized Conduct, LGBT Discrimination or Harassment, Racial Discrimination or Profiling, Threat of Violence, Unethical Off-Duty Behavior

Last Known Accountability Status: Congressional Investigation Closed, OPR Investigation Closed, Personnel Terminated, Suspension, Reprimand, or Counseling

Victim Classification: