For subscribers: U.S. Customs and Border Protection has morphed into the largest law enforcement agency in the country. But critics say it remains one of the least transparent and accountable.
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A lack of publicly accessible information about how these cases are investigated, plus concerns that the border agency is involved in covering up allegations of misconduct and wrongdoing, are pushing advocacy and transparency groups to seek new ways to strengthen oversight of Customs and Border Protection.
None of the agents or officers involved was criminally charged, and it remains unclear whether anyone was disciplined. In fact, border agents involved in deadly use-of-force incidents rarely face prosecution, and in recent years the U.S. judicial system has made it harder for the families of individuals killed along the border to seek compensation or to pursue criminal charges.
The commission begins its next session in October. Even though it has not granted the family’s request for a hearing, the move to do so could set a precedent for the families of other men and women killed by U.S. border agents. “The justice system is broken in the United States,” María Puga, the wife of Hernández Rojas, said in a statement after submitting their request for a hearing. “The investigation into the killing of my husband is evidence of this — it was corrupted from the beginning by agents who have no regard for the law or for life.”The Border Patrol, and its parent agency Customs and Border Protection, have remained under intense scrutiny as agents continue using deadly force along the border.
“To ensure our Agency achieves the highest levels of accountability, OPR will be the CBP entity responsible for responding to critical incidents and ensuring all reviews and investigations are conducted by personnel with appropriate expertise, training, and oversight,” Magnus said in his May 3 memo.
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