The U.S. Office of Special Counsel has questioned the findings of an internal CBP investigation into a whistleblower complaint alleging that the Deming New Mexico Air Unit was prevented from responding to emergency calls, resulting in the deaths of several people. The deaths included one immigrant and a Border Patrol agent who died in July 2020. After investigating the matter, the Customs and Border Protection Office of Professional Responsibility (OPR) determined that the allegations were unfounded.
special prosecutor's office warned The President and Congress believe that the outcome of the investigation initiated by the whistleblower is not reasonable. Allegations of misconduct related to the dispatch of CBP aircraft within the El Paso Air Branch stem from a whistleblower complaint sent to Acting DHS Secretary Chad Wolf in September 2020 for investigation by the OSC.
In addition to alleging that CBP improperly interfered with Deming Air Force's response to emergency air response requests, the complaint also alleges that one pilot flew into restricted airspace during an unauthorized mission change and was involved in the incident. The company alleges that a subsequent investigation contained false statements in the investigation report. .
The whistleblower also alleged that the agency was sending air units for questionable purposes and that management decisions hindered the Deming Air Unit's ability to accomplish its mission.
In September 2021, CBP Acting Director Troy A. Miller stated that an investigation conducted by the Office of Professional Responsibility showed that non-inadvertent intrusions into restricted airspace by CBP aircraft had previously been investigated and remediated. The Office of the Special Prosecutor was notified. Throughout the training, the investigation found no violations of laws, rules, or regulations.
a washington times report Stephen Dinan said the issue was a “fight” between two Department of Homeland Security supervisors that led to the death of an undocumented immigrant who later died, as alleged in the complaint. They allege that they may have delayed the Border Patrol's rescue efforts. Customs and Border Protection officials say the investigative report sent to the Office of the Special Counsel says the allegations do not include relevant information about incidents that occurred in 2020 and do not substantiate the claims. It has been shown that there is no.
In the case of the New Mexico Border Patrol agent killed in the line of duty mentioned in the complaint, the agency's investigative report indicated the decision to send an El Paso-based aircraft rather than one based in Deming, New Mexico. From the dispatching officer's determination that the Deming crew did not meet rest requirements. The report determined that the crew was able to meet their rest requirements but may not have been on duty at the time the air support request occurred.
The report found that the immediate availability of aircrews in El Paso would add an hour to response time when considering distance alone, but would add substantially less to the response to medical emergencies experienced by Border Patrol agents. It was determined that there was no significant impact. CPR was already being performed on him by a fellow employee and ultimately he did not survive.
The report notes that CBP's aviation assets are primarily used for law enforcement purposes and, in some situations, to save lives if possible when an individual is “broken, bleeding, or missing.” It is pointed out that it is helpful. A senior CBP official working with the Border Patrol's El Paso division following the agent and migrant deaths in question confirmed the complexity of operating in a remote border environment and the challenges of deploying available air resources.
The official, who was not authorized to speak to the media, told Breitbart Texas that the Border Patrol did not question the Air Force's response to the medical emergency the agent faced, which led to his death. The official said that based on air responses from CBP, the agency never felt the officer's untimely death could have been a factor.
“In many cases, available aviation platforms are unable to provide continuous care during flight due to configuration issues,” the official stressed. “In some cases, there may not be enough room to continue CPR. Our primary choice is commercial flight if possible.”
Additionally, the allegations regarding the immigrant searches cited in the whistleblower did not take into account other non-agency air platforms that may have been dispatched, as well as the weather and mechanical limitations faced by Deming's CBP aircraft. sources say.
“We not only look to CBP aircraft to support the Border Patrol in their border security mission, but we also rely on significant use of Department of Defense air assets in the El Paso and New Mexico area,” the official said. ” he added.
Sources say that in many cases, if a CBP aircraft is readily available when needed, DoD crews may be notified that air support is urgently needed in place of a CBP aircraft. That's what it means.
“To the extent that it can be proven that the air response by one office against the other directly affected the death or rescue of migrants, that is an overreach,” the source explained. “We are doing everything possible to resolve the investigation positively, and I believe our Air Force branch will not allow petty squabbles between administrators to affect that. I believe.”
Border Patrol was satisfied with the air response provided, according to agency records. In a press release issued by Customs and Border Protection less than two weeks after the Border Patrol agent's death in the El Paso area, assistance from the Air Force Maritime Administration and personnel assigned to the Deming area resulted in the recovery of four missing migrants. A person is said to have been rescued. 10 days in July 2020.
Border Patrol Chief Gloria Chavez said the following regarding rescue operations during the month: We are grateful to El Paso Area Border Patrol agents, BORSTAR, and Air and Sea Operations for their continued interagency collaboration that saved 12 lives. ”
The source said not every rescue mission has a happy ending for Border Patrol agents or migrants living in the remote desert near El Paso. “Unfortunately, not all rescue operations go as planned, but additional resources could critically save lives in harsh conditions such as those found at the New Mexico and El Paso borders.” “It's not a realistic claim to say it's a possibility,” the source concluded. .
Randy Clark He is a 32-year veteran of the U.S. Border Patrol. Prior to his retirement, he served as Division Chief of Law Enforcement Operations, directing operations for nine Border Patrol stations within the Del Rio, Texas area. Follow him at X (formerly Twitter) @RandyClarkBBTX.
