A slew of fatal shootings of unarmed civilians near the U.S.-Mexico border by U.S. Border Patrol agents prompted two lawmakers — Reps. Beto O’Rourke (D-Texas) and Steve Pearce (R-N.M.) — to introduce a bipartisan bill on Wednesday that would increase oversight and accountability for U.S. Customs and Border Protection.
Crossing the border illegally has always been dangerous for a multitude of reasons, but as the media has turned more attention to Border Patrol agents’ involvement in the fatal shootings of at least 21 unarmed Mexican civilians in the past four years, many human rights groups have increased pressure on lawmakers, demanding something be done to prevent these human rights abuses from continuing.
While 10 of the 21 civilians who were killed crossing the border had reportedly thrown rocks at Border Patrol agents, it is believed that none of the agents involved in any of these shootings were disciplined — even when the shootings were excessive and potentially unnecessary.
Take 16-year-old Jose Antonio Elena for example. He was shot once in the back of the head, once in the back of the neck, six times in the back and once in each arm while he walked along the Mexican side of the border in 2012 and threw rocks at agents on the U.S. side of the border.
In addition to concerns about the seemingly trigger-happy Border Patrol, ranchers on the U.S. side of the border in states such as Texas have reported that any damage they incur from agents chasing after undocumented immigrants — whether it be a damaged fence or loss of livestock — is not replaced or repaired.
Under the proposed legislation, an independent oversight commission would be created to oversee the agency. The commission would be comprised of representatives from local government, law enforcement, human and civil rights groups, faith-based organizations, security and training experts, and Customs and Border Protection agents or officers.
The commission would have subpoena power and an ombudsman would be appointed to investigate complaints, while a liaison office would work to improve relations between the agencies and border communities. Sensitivity training and new guidelines on the use of force would also be established, and the agency would be required to be more transparent when it comes to deadly use-of-force incidents.
“This legislation is an opportunity for the people I represent to have a voice when it comes to border policy and for Congress to enact real oversight that will protect the rights of all border residents,” Rep. O’Rourke said in a statement.
“[W]e’ve stepped up total border spending from 10 years ago from $7 billion to $18 billion today. We’ve doubled the size of the border patrol. We have millions of [border] crossings just in El Paso,” O’Rourke said. “So you have this big build up in enforcement and spending and you’re not even keeping pace on transparency, governance on the committees of jurisdiction … [while] individually and anecdotally you have case after case of alleged violations of human rights, civil rights, civil liberties, protections.”
Fernando Garcia, executive director of the advocacy group Border Network for Human Rights, agreed. “Not only does the proposed bi-partisan (sic) framework provides an alternative to the Senate’s wasteful and irresponsible approach to border enforcement, but it will also be a proactive, border community oriented, complement to current House bi-partisan (sic) border initiatives.”
According to a press release from the advocacy group, border communities are quintessential American communities because they are diverse and economically innovative. They also provide insight into what the future of the U.S. may look like.
“Unfortunately, border communities have long felt the consequences of Congress’ ‘enforcement only’ approach to immigration reform. Previous border surges have left in their wake an insufficiently trained Border Patrol force, insufficiently resourced ports of entry, and fiscally irresponsible strategies that do not help secure our nation and choke out the potential for more economic development.
“The promise of a border accountability and stakeholder engagement legislative proposal is aligned with the American values we hold dear, such as checks and balances, fiscal accountability, and a democracy where impacted communities have a say in the policies that affect their lives,” the press release said.
In addition to approval from human rights groups, the bill has also received preliminary support from the union representing Border Patrol agents. How U.S. Customs and Border Protection feels about the bill remains unknown, as spokeswoman Jenny Burke said the agency doesn’t comment on pending legislation.
Homeland Security Deputy Secretary Alejandro Mayorkas and CBP Commissioner Gil Kerlikowske agreed that there is a need for increased transparency within the agency, but they did not elaborate on the point and have declined to answer reporters’ questions on the bill.