Sunday, June 29, 2014

Latest On VDare: War On The Border Patrol

My latest up on VDare.  It is Part I of my review of the war on the men, yes, the men, as few women are able to pass the most demanding law enforcement training in the United States, enforcing immigration law at the border.

Violence Against The Border Patrol: Whose Side Is Obama On?
Today’s headlines are about yet another Mexican border outrage: Mexican law enforcement helicopter fires at U.S. agents, by Richard A. Serrano, Los Angeles Times, June 27, 2014.
But the real outrage: Barack Hussein Obama hasn’t just encouraged mass illegal immigration and unilaterally imposed Amnesty—he’s also systematically disregarded the pattern of physical attacks against those law enforcement officers who defend America’s borders. Indeed, the Obama Regime has even imposed new restrictions on Border Patrol Agents and Customs and Border Protection Officers so they cannot effectively defend themselves against violent illegal aliens.  (Read On)

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Look here or to VDare for Part II

For the more adventurous, see the longer draft (Which I think is better documented, but I am a mere scribbler not a learned editor.  Editing is something I have learned to leave to my betters both here and professionally.):

The war on immigration law enforcement is well known.  The Obama Regime has been subverting the law and the Constitution in an effort to administratively end the enforcement of immigration law in the United States, whether it be above-board such as the DACA amnesty, under-the-radar massive decline in arrests and deportation, the encouraging of new illegal immigration by the catch-and-release of adult and child illegal aliens at the border, or a secret amnesty for criminal aliens.  Across the board, the Obama Regime is determined to elect a new people by aiding and abetting illegal immigration in all its forms.

Accompanying the open support for illegal immigration is the other part of the Obama Regime Administrative Amnesty.  This is the open war the Regime is waging on those who enforce the immigration laws of the United States.  As part of the ongoing Administrative Amnesty the Obama Regime is seeking to assist illegal aliens who enter the United States by subverting immigration law enforcement by carving out no-go areas for the U.S. Border Patrol (USBP), encouraging physical attacks on Border Patrol Agents (BPA) and Customs and Border Protection Officers (CBPO), and attempting to discipline BPAs and CBPOs based on false allegations of abuse by illegal aliens.
One of the strategies of drug and alien smugglers is to use violence to carve out no-go areas for the U.S. Border Patrol by denying access to an area by use of violence.  The tool of choice is the use of juvenile delinquents to attack BPAs and CBPOs with rocks.  This is called rocking.  Rocks are weapons that can cause death or serious bodily injury and attacks on Federal law enforcement officers is a felony, a violation of Title 18 United States Code (USC) Section 111 and the murder of a Federal officer in the course of his duties is also a felony and is punishable by death under Title 18 USC 1114. And rocking is deadly in its result and a common tactic.  Rocking has even brought down USBP helicopters.  And it is deadly.


The usual response of BPAs to rock attacks was to use deadly force, e.g. shooting the attacker with the issue pistol.  Attacks have increased in frequency as the increase in USBP staffing has interfered with alien and drug smuggling.

The use of firearms by law enforcement officers when confronted by deadly force long established in America law.  Law enforcement officers may use deadly force when their life or the life of another is threatened with an act that appears to a reasonable person a threat to life or may cause great bodily injury.

From the Department of Justice standards for DOJ employees, but followed by all Federal law enforcement agencies, with only minor differences on the use of warning shots at sea by CBP and U.S. Coast Guard:

I. Permissible Uses. Law enforcement officers and correctional officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person.

Rocking attacks are of course covered by that standard.

With regards to the USBP, this standard has been under attack since two shooting incidents where violent Mexican nationals attacked BPAs on our southern border.  The most famous was that of Sergio Adrian Hernandez Guereca who attacked a BPA in 2010 and was shot for his troubles.  This incident was much like this other incident:


The deaths of Mexican criminals who acted to support illegal aliens crossing the border has enraged the radical left and in response the Obama Regime has decided to support this tactic used by smugglers to carve out and create no-go areas for the USBP to aid in successful illegal crossings of the border.

In response to aggressive action by smugglers the Obama Regime recently announced a new standard for use of force by BPAs and CBPOs.

USA Today May 31, 2014 by Bob Ortega


PHOENIX -- Customs and Border Protection tightened restrictions on when and how agents and officers will be allowed to use deadly force — changes that, had they been in place, critics say, might have prevented many of the 45 deaths at the hands of agents on duty since 2005.

Following months of mounting public pressure, CBP Commissioner Gil Kerlikowske on Friday also released an uncensored, scathing report on the agency's prior use-of-force policies. That report, kept secret for 15 months, revealed that in at least two use-of-force deaths since 2010, agents violated CBP policies. The report also states that investigations into use of deadly force often lacked "diligence."

Kerlikowske also released CBP's new use-of-force handbook, which includes many — though not all — of the changes called for in the critical report.

The report, by a liberal group of politically appointed big city chiefs of police and similar command staff, both current and retired, The Police Executive Research Forum (PERF), hardly a group that supports immigration law enforcement, was not, however, as scathing as claimed. 

However, the purpose of the report was implicitly drawn to encourage no-go areas and discourage aggressive immigration law enforcement and serve the purpose of the ongoing Obama Regime Administrative Amnesty.

But the police-forum report goes further. When agents shot at rock throwers, "too many cases do not appear to meet the test of objective reasonableness with regard to the use of deadly force," it said. The report looked at four cases involving rocks thrown at agents on boats, and said "the tactics and strategies agents are using may unnecessarily put them in harm's way."

The report raised suspicions that in many vehicle-shooting cases, agents "intentionally put themselves into the exit path of the vehicle," to justify the use of deadly force and that "the cases suggest that some of the shots at suspect vehicles are taken out of frustration" when agents on foot see no other way to stop suspects.

There-in lies the key to the report and the new use-of-force policy. The PERF writers, big city political appointed police chiefs and other executives, don’t like to make arrests of the mainly black and Hispanic constituents of big city mayors who appoint these same police chiefs and command staff.

Correspondingly, the Obama Regime does not like the idea of aggressive immigration law enforcement. And the PERF report reflected that concern, BPAs are too “aggressive” in the execution of their immigration law enforcement duties.  The Obama Regime does not want aggressive immigration law enforcement and to discourage BPAs from doing their job, the agents are being told that they should not do their duty.  More importantly the agents are told that if they do their duty too well, they will be either be disciplined by the Regime or violently attacked by the drug and alien smuggler constituency of the Obama Regime.

As evidence of the aim of the Regime to less enforcement and create no-go areas, consider this case of the shooting of Jose Antonio Elena Rodriguez, known as the Rat, a Mexican illegal alien and drug gang member, who was shot while throwing rocks at BPAs in an effort to recover a lost load of drugs.

HuffPo By Brian Skoloff 02/07/13
Border Patrol Shot Mexican Teen Jose Antonio Elena Rodriguez 8 Times: Autopsy
The Border Patrol has said several agents responded the night of Oct. 10 to reports of suspected drug smugglers along the border fence in Nogales, Ariz. The agents watched two people abandon a load of narcotics, then run back to Mexico, according to the agency. The agents were then pelted by rocks thrown from across the border. The Border Patrol said the people ignored orders to stop, and an agent opened fire.
Rodriguez's body was found on a sidewalk in Mexico not far from the fence.
Border Patrol agents generally are allowed to use lethal force against rock throwers, as the agency considers stones deadly weapons. It's a common all along the border for agents to be hit with rocks, often to distract them from making arrests. Several investigations into similar shootings are under way in Arizona and Texas.

Case closed.  This was no innocent teenager as the left has claimed, but a drug smuggler using deadly violence in support of his criminal activity.  And he is clearly the Obama Regime constituency in the controversy over the use of deadly force. 

And it is also clear in the case of another Mexican “teen,” Sergio Adrian Hernandez Guereca, who in this case was rocking a BPA who had arrested an illegal alien who ran across the border.  Clearly Guereca was acting in support of alien smuggling just as Rodriguez was acting in support of drug smuggling.

HuffPo June 10, 2010


The U.S. has insisted the border patrol agent was defending himself after being pelted with big stones while trying to detain illegal immigrants on the U.S. side of the Rio Grande. Both governments have hinted at misconduct by the other country's law enforcement.
The video shows 4 people running from the U.S. side underneath a railroad bridge linking the two nations. A U.S. border agent then emerges on his bicycle and manages to detain one of the individuals, who he then drags along the concrete. The agent then lifts his arm, holding what appears to be a firearm, and points it toward the Mexico side in the direction of one of the other suspects. A few moments later, 2 shots are heard being fired toward the Mexican side. A third shot is heard later in the video.
According to CNN, witnesses can he heard on the video, in Spanish, saying "they're throwing rocks" as well as "they hit him... they hit him."
Both cases, while decried by the illegal alien lobby, were clear and convincing justified uses of force as the agents were under violent and deadly attack by Mexican nationals throwing rocks, deadly weapons.  Something the Obama Regime does not care about.

More importantly, in both cases, the agents were doing what law enforcement is supposed to do: go in harm’s way to enforce the laws of the United States.  Law enforcement is not for shrinking violets.  It is a job for men.  It is not the purpose of law enforcement to run when confronted with violations of law.  Their purpose is to move forward to engage a law breaker and bring that law breaker to justice, not run and hide.  The profession and purpose of law enforcement is to be “aggressive.” 

However, the Obama Regime does not want an aggressive response to immigration law violations and the new use-of-force policy is specifically designed to discourage the enforcement of immigration laws by threatening those who enforce the law with discipline and dismissal for executing their Oath of Office, to see that the laws of the United States are faithfully executed.

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