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.