DHS -CBP comply with the Congressional subpoenas or else. CBP’s Critical Response Team

I’m old enough to remember that when Congress subpoenas a government agency, they use to comply —that’s not a partisan cheap shot —that’s me reminding you of Congress’ authority.

House OverSight Committee to DHS:

The Committees are concerned by reports indicating that Critical Incident Teams may have obstructed appropriate investigations by law enforcement…seeking to more fully understand the role of Critical Incident Teams following potential misconduct by Border Patrol agents, whether these teams have obstructed criminal, civil, or administrative investigations or prevented accountability for agents’ misconduct, and the steps CBP is taking to ensure these teams are being used appropriately.

It’s important to remember that Congress “Generally speaking” hasn’t codified any authority for CBP to investigate itself and/or components embedded within the CBP — clearly the House Oversight Committee believes that CBP initiated at least two investigations, that they are not authentic to investigate.

Today’s letter follows the Oversight Committee’s investigation into racist, sexist, and xenophobic comments relating to immigrants and Members of Congress made by employees of CBP in ‘secret’ Facebook groups.

Which is a follow up concerning the following request

• On January 11, 2021, Chairwoman Maloney sent a letter urging CBP to fully comply with a Committee subpoena for documents and information related to dozens of CBP employees who participated in these ‘secret’ Facebook groups.

• On October 25, 2021, the Committee released a staff report showing that most CBP employees who participated in these groups had their discipline significantly reduced and continue to work with migrants.

• Pursuant to 28 U.S.C. § 535 , which Congress clearly granted authority to Federal Bureau of Investigation to investigate crimes involving government officials);

• 5a U.S.C. §4 granting authority to Inspector General to coordinate audits and investigations;

• 6 U.S.C. § 211(j) which authorizes Customs and Border Protection Office of Professional Responsibility to “investigate criminal and administrative matters and misconduct by officers, agents, and other employees of U.S. Customs and Border Protection”

The letter, which states in part:

….Congress has provided authority to (DHS) Office of Inspector General, and the Customs and Border Protection (CBP) Office of conduct investigations of misconduct by Border Patrol agents to the Federal Bureau of Investigation (FBI), the Department of Homeland Security , and the CBP Commissioner has not Congress has not provided the U.S. Border Patrol with specific authority to conduct investigations of its agents’ misconduct publicly delegated this authority to Border Patrol.

On June 6, 2021, a Critical Incident Team was reportedly sent to respond after a Border Patrol agent shot a woman in the head in Nogales, Arizona

We have grave concerns about the lack of transparency in the role of Border Patrol’s Critical Incident Teams. These teams are not mentioned in the most recent version of CBP’sUse of Force Administrative Guidelines and Procedures Handbook. The Handbook states that incidents

…understand the role of Critical Incident Teams…

• See September 27, 2017 Written testimony of CBP for a House Homeland Security

• See August 2019 CBP’s ‘Instantaneous’ Response in El Paso

• See DHS-CBP’s July 2021 Employee Handbook

• See November 1, 2021 CBS News: Allegations of 'shadow police units' employed by U.S. Border Patrol

CBP’s Operation Whistle Pig

Incidentally while researching this article- I stumbled upon an older (circa 2017 thru 2019) various job listings;

• see LinkedIn CBP Officer (Special Response Team) Reassignment ...

• See March 2019 DHS-CBP Temporary re-assignment of CBP officers to Border Patrol Sectors

• See December 2021: Operation Whistle Pig: Inside the secret CBP unit with no ...

CBP’s Special Response Team…

Generally speaking CBP’s Special Response Team receive an additional six weeks of training with U.S. Border Patrol Tactical Unit. Most CBP officers have "critical-sensitive" security clearance;

• Border Patrol Special Operations Group (SOG)

• Border Patrol Search, Trauma, and Rescue (BORSTAR)

• Border Patrol Tactical Unit (BORTAC)

• some officers in specialized units have either Secret or Top Secret security clearances.In accordance with Public Law 110-161,

• CBP officers are covered under special law enforcement retirement, and all candidates must be referred for selection for this position before reaching their 37th birthday.

See November 2021 - Criminal activities of Border Patrol agents to obstruct an SDPD homicide investigation and recommendations for charges. The November 2021 Letter sent to the San Diego County District Attorney‘s Office - full disclosure that November 2021 letter is incredibly difficult to read because the allegations certainly paint a scenario that CBP Officers engaged in “torture” See

• See SBCC Letter to Congress, October 27, 2021

• See SDPD Investigation

• See IACHR, Report No. 198/20. Petition P-524-16. Admissibility. Anastasio Hernández Rojas and family. United States of America.

  July 23, 2020.

• See PERF audit recommendations,

• See 2015 DOJ-OPA Federal Officials Close the Investigation into the Death of Anastasio Hernandez-Rojas

You do not have to agree with me —but Congress needs to step up here —they created DHS and they create the rules, policies and protocols. It’s been documented for at least 12 years the ongoing abuse and human rights atrocities particularly the repeated implications of criminal wrong doing by CBP, USCIS and more broadly DHS. This isn’t new. And I’m genuinely tired of seeing CBP & USCIS get away with countless human rights violations. And for the record this isn’t a Blue or Red Issue. Human Rights should transcend party affiliation… but often it’s the exact opposite. And no I’m not going to hunt down my 2017 thru 2021 Twitter threads —just so I can say “I told you so” because I did and I certainly to no regret sounding dumpsters on fire alarm

…House Committees to GAO investigate CBP’s ‘CRITICAL INCIDENT TEAMS’…

In addition to the aforementioned House Oversight letter - the Chairs also sent the following letter to the GAO requesting the GAO to initiate an investigation, the letter reads in part:

We write to request that the Government Accountability Office (GAO) conduct a review of U.S.Customs and Border Protection’s(CBP) use of Critical Incident Teams along the southwest border. According to CBP, the U.S. Border Patrol maintains teams with specialized evidence collection capabilities that collect and process evidence related to CBP enforcement activities and critical incidents.

With respect to the investigation of serious incidents involving CBP personnel, we understand that members of these Critical Incident Teams are sometimes tasked with assisting CBP’s Office of Professional Responsibility and other local, state, and federal law enforcement agencies.

January 24, 2022 Letter to CBP and January 24, 2022 Letter to GAO re CBP