Border Patrol agents told to let drunk drivers 'go on their way' at one of the busiest crossings between the US and Mexico
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Border Patrol agents told to let drunk drivers 'go on their way' at one of the busiest crossings between the US and Mexico
2/18/2015 5:26:10 PM
- A leaked training memo from the Department of Homeland Security tells Border Patrol agents they can let drunks driver go on their way - Agents in Arizona were advised that the could be liable in civil lawsuits if they detain drunks drivers, but not if they let them go - Border Patrol has no legal authority to arrest drunk drivers but is encouraged to cooperate with local law enforcement - A local union for Border Patrol said they would not let intoxicated drivers go free, especially after the 2010 death of an agent killed by a drunk driver - Border Patrol officials were quick to clarify that the memo was to advise agents of legal standing, not to direct them to ignore drunk driving By OLIVER O'CONNELL FOR MAILONLINE http://www.dailymail.co.uk/news/article-2958784/Border-Patrol-agents-advised-let-drunk-drivers-way-one-busiest-crossings-U-S-Mexico.html The memo examined the civil liability of each of the three options, given that Border Patrol has no legal authority to arrest drunk drivers. It acknowledged that it may feel counter-intuitive for an agent to let a drunk driver go on their way. 'There is no legal requirement for a Border Patrol agent to intervene in a state crime, including DUI,' and 'therefore there is generally no liability that will attach to the agent or agency for failing to act in this situation'. Should local law enforcement officers ask for an individual to be detained, border agents have no duty to detain the suspect - and doing so can increase the civil liability for the agent and the agency. However, the memo goes on to say that policy is to cooperate with local and state law enforcement officers who alert Border Patrol of suspected violations under state law. The third option is to detain a drunk driver with no request from local law enforcement. This poses the greatest liability for the agent and agency in the form of a civil law suit, according to the memo. Only by letting a drunk driver go free is the agent and agency free from liability. The memo does concede that an officer who chooses to detain a drunk driver is still 'acting within the course and scope of his employment'. Conservative groups have been quick to decry the contents of the memo which was first brought to light by Judicial Watch. 'Families across America are now at risk on the roads, as President Obama and his appointees at the Department of Homeland Security have given illegal aliens a license to drive drunk,' said Judicial Watch President Tom Fitton. However, Art Del Cueto, president of the Local 2544, the union that represents Border Patrol agents, told CBS 5: 'I can assure you that the agents I represent and the people I work with just would not release someone who was severely intoxicated.' He added that agents carry a certain moral authority after the 2010 death of agent Michael Gallagher near Casa Grande. Gallagher was killed on duty by a drunk driver. 'Especially since we were hit hard by the death of one of our own. How could we release them?' Del Cueto said. The group Mothers Against Drunk Driving (MADD), said in a statement: 'MADD urges all law enforcement officers to protect the public by following standard procedures when encountering anyone suspected of driving under the influence of alcohol or drugs. Law enforcement is the first line of defense in preventing drunk and drugged driving, and their efforts are crucial to keep our roadways safe.' Customs and Border Patrol released a statement to make clear that the intent of the memo was to inform agents of their legal options when encountering drunk drivers based on judicial precedent, 'not direct to detain or not detain these drivers'. 'In cases where Border Patrol agents encounter possibly impaired drivers, they are trained to exercise their professional judgment when assessing the current situation.' Read more: http://www.dailymail.co.uk/news/article-2958784/Border-Patrol-agents-advised-let-drunk-drivers-way-one-busiest-crossings-U-S-Mexico.html
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