Tragic Deaths at Mexican Border Direct Result of Egregious Use of Force from Border Patrol

June 09, 2010

Recent Slayings Necessitate Investigation, Vigilant Use of Force Policies

Washington D.C. – On Monday, Sergio Hernández, a 14-year-old Juárez boy was fatally shot by a U.S. Border Patrol agent on the Mexican side of the banks of the Rio Grande. This follows the slaying less than two weeks ago of Anastasio Hernández, a Mexican immigrant in San Diego, who was shocked to death with a stun gun by a border agent while in the process of being deported to Tijuana on May 28. The following is a statement by Brittney Nystrom, Director of Policy at the National Immigration Forum.

The deaths of a young boy and a middle-aged father at the hands of U.S. immigration agents are grave tragedies and we grieve the loss of their lives and the lives of so many others who have needlessly perished on both sides of our border while Congress and the President debate the “right timing” for fixing our immigration system.

It is clear, however, that the disproportionate and questionable use of force by border agents is to blame for the unnecessary deaths, calling into question the propriety of DHS’ use-of-force policies.  Excessive use of force must not be tolerated, and we hope that a thorough and prompt investigation results in a proper response from the Justice Department.  Immigration agents should use firearms only as a last resort – not as a response to 14-year-old boys throwing rocks, nor against an individual in handcuffs in a secure area.

The Border Patrol has grown rapidly in recent years, and training, oversight, and accountability for the force has not kept pace.  The Secretary of Homeland Security should immediately establish and enforce clear standards of professional conduct for interaction with the public, for all Customs and Border Protection agents, U.S. Border Patrol agents, and Immigration and Customs Enforcement agents. The new standards of professional conduct would create clear expectations for agents about conduct, laws, and appropriate use of force on the border.

These new standards must be coupled with robust training that promotes the dignity of life, emphasizes de-escalation tactics, and discourages excessive use of force and prepares Border Patrol to protect the lives and safety of people in the border region, and not to shoot first and ask questions later. Dramatic efforts to improve oversight and accountability of border enforcement will help create a more professional and focused border patrol, and the prevention of further loss of life at the border. The time is now to develop a workable immigration policy and establish an immigration system that we can be proud of and that upholds the values that make America great.

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