Following a thorough assessment and criticism from immigration advocates, U.S. border agents have updated their approach to going after smugglers and other criminal suspects.
The announcement by Customs and Border Protection was made a few days after an accident on Sunday, January 8, in southern New Mexico that left two people dead and eight injured. On January 5, another crash occurred after a Border Patrol officer was shot.
"As a professional law enforcement organization, CBP is continually updating policies to reflect best practices, public safety needs, and evolving public expectations," CBP Acting Commissioner Troy Miller said in a statement. "The safety of officers, agents, and the public are paramount as we carry out our mission."
According to officials, the updated policy outlines criteria to consider when choosing whether to pursue a vehicle and when to end a chase — similar to the reasonableness standards that most law enforcement personnel consider when dealing with threats to themselves or the public.
In issuing the update, the agency said it reviewed more than two dozen vehicle pursuit policies from various enforcement agencies across the country, and also looked at trends, statistics and outcomes associated with CBP pursuits.
Officials pointed out that the policy does not prohibit pursuits, but instead provides a "clear framework for weighing the risks of conducting pursuits, such as the dangers they present to the public, against the law enforcement benefit or need." The policy lays out factors to consider when deciding if a vehicle should be pursued, and when a pursuit should be terminated.
"Vehicle pursuits do inherently pose risk – to members of the public, officers, and agents, and those in a vehicle being pursued who may not be willing participants. The updated policy acknowledges these risks and emphasizes a risk-based approach when it comes to pursuits," the agency said.
The new policy will go into effect later this year after a training and implementation period, which will be overseen by the new Pursuits branch within the CBP's Law Enforcement Safety and Compliance Directorate.
The crash in New Mexico happened shortly after Border Patrol agents initiated a pursuit of a vehicle that was involved in a human smuggling operation, KTSM reported. "Within seconds" of agents activating their emergency lights, the suspect vehicle sped away and then rolled over, the agency said in a statement to the outlet. Two men were killed, two men were airlifted from the scene and six others were taken away by ambulance, according to the Sunland Park Fire Department.
The shooting also happened in New Mexico, when an agent confronted the driver of a vehicle suspected of smuggling migrants through a checkpoint station, Las Cruces Sun-News reported. The driver shot the agent multiple times in the chest and drove off. A multi-mile chase ensued, during which the suspect vehicle rolled over. Six people were taken into custody, two of whom were flown to a trauma center for treatment. The agent was protected by body armor and avoided serious injury.
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