On Sept. 7 2016, U.S. Border Patrol (USBP) agents from the Rio Grande Valley Sector Field Intelligence Team (FIT) had been advised that a principal participant in a violent Michoacan, Mexico-based smuggling organization had been observed in the area and would likely be involved in smuggling activity that day.
The FIT began to surveil the subject that morning to develop additional intelligence information about his organization and/or apprehend him in the act of smuggling. Later that evening, one of the agents observed the subject dropping off a large quantity of food in an area known to be used by smugglers as a staging area.
As the agents tracked the subject, they also requested assistance from marked USBP units and the Hidalgo County Sheriff’s Office (HCSO). One agent then observed the subject’s vehicle (a white Jeep Patriot) pull into the gated driveway of a local residence, stop, and saw the subject standing outside of the vehicle near the gate.
That agent then pulled up to the end of the driveway, exited his vehicle, identified himself as a federal agent, and took a position behind the driver’s side rear corner of the Jeep in order to cover both the subject and the Jeep.
The driver then ran back into the Jeep and accelerated in reverse. As the agent moved to avoid being struck, the Jeep struck the front left corner of the USBP vehicle and continued to try to accelerate, with its tires spinning in an apparent attempt to push the vehicle out of the way. The driver then drove forward and to the right and ran into a post and wire fence next to the driveway, lodging his vehicle in the fence.
The driver attempted to free his vehicle by rocking forward and backwards, kicking up dust and rocks. Due to the narrow confines of the driveway and the position of his vehicle, the agent reasonably believed that the driver had no alternative to escape other than to drive through the spot where he was standing, and believed the driver intended to do so.
Fearing that he would be seriously injured or killed, the agent fired four rounds from his CBP-issued handgun at the driver in an attempt to stop him. The driver then stopped his vehicle and was taken into custody with the assistance of an arriving HCSO deputy. The driver was not hit by any of the fired rounds. Agents later apprehended seven undocumented non-citizens at the staging area nearby.
Result of the NUFRB
On May 7, 2021, the CBP National Use of Force Review Board (NUFRB) convened to review this use of force incident. The NUFRB determined that the discharge of a CBP-issued handgun was in compliance with CBP use of force policy in effect at the time of the incident.
NUFRB Recommendations
Consistent with their responsibility to review this incident and make recommendations regarding training, tactics, policy, or equipment, the NUFRB made three formal recommendations following their consideration of this incident.