Posted on 02/13/2015 11:02:40 AM PST by jazusamo
The Obama administration has ordered federal agents responsible for protecting one of the nation’s busiest and most crime-infested regions near Mexico to stop apprehending drunk drivers, according to an internal government memo that also concedes an officer that elects to detain them is “acting within the course and scope of his employment.”
Obtained by Judicial Watch this week, the notice is titled “Enforcement Options With Alcohol-Impaired Drivers” and directs the 4,000-plus U.S. Border Patrol agents in the Tucson, Arizona sector to “release” individuals under the influence and “allow them to go on their way.” The document acknowledges that this feels counter-intuitive for Border Patrol agents, but eases concerns by answering a hypothetical question for the officers who have sworn to uphold the law: “If you allow this driver to continue down the road and they kill someone, aren’t you liable?” The answer is no, according to the new Department of Homeland Security (DHS) memo. “There is no legal requirement for a Border Patrol agent to intervene in a state crime, including DUI,” the order says, adding that “therefore there is generally no liability that will attach to the agent or agency for failing to act in this situation.”
The directive offers another scenario—detaining the impaired individual at the request of state or local law enforcement officers (LEO). “There is no duty to detain the alcohol-impaired individual,” the memo says, “but if you do this option can raise potential liability for the agent and the agency.” The document goes on to say that Border Patrol policy is to cooperate with local and state law enforcement officers who alert of suspected violations under state law. That means the agent would be considered to have been acting within the course and scope of his employment while detaining a drunk driver at the request of local law enforcement officers under Arizona law, the document confirms.
The last scenario offered in the recently issued decree has a Border Patrol agent detaining a drunk driver in Arizona without a request from a state or local law enforcement officer. “This option poses the greatest liability for both the agent and the agency,” according to the order. After revealing that private citizens in Arizona can make felony and misdemeanor arrests, it nevertheless prompts Border Patrol agents to stay away from drunk drivers. “Be advised, this option poses the greatest threat to an agent for a civil lawsuit,” the memo warns.
This preposterous order has not been well received by agents, according to Judicial Watch’s sources inside the agency. The Border Patrol Tucson Sectorcovers 262 miles along the Mexican border and is one of the country’s busiest in both illegal immigrant apprehensions and marijuana seizures, according to the agency website. During fiscal year 2014 the Tucson Sector Border Patrol recorded 87,915 apprehensions that included members of notorious international gangs and felons convicted of serious crimes such homicide, rape and child molestation. Agents also seized 971,180 pounds of marijuana as well as large quantities of cocaine, heroin and methamphetamines.
As a whole, the Border Patrol is the critical frontline Homeland Security agency charged with preventing terrorists and weapons—including those of mass destruction—from entering the United States. Its primary mission is to protect the nation by reducing the likelihood that dangerous people and capabilities slip into the country through our many ports of entry. It’s beyond belief that the Obama administration has asked the federal officers tasked with this important duty to turn the other way when they encounter a drunk driver.
This HAS to be a joke.....Right????
They’e being ordered to break the law. That is not a lawful order. They should violate it.
I’m fully convinced this _president and his administration is a very sick joke.
Don’t tell MADD
Maybe we could save money by getting rid of the border patrol. They don’t seem to be allowed to do anything.
If this would banish them to Mexico...
Actually, I was just thinking about that.
I have long suspected that MADD is a totally leftist organization. This will prove it one way or another. If they are willing to sit quietly to avoid embarrassing their fearless leader, then they are the worthless, leftists, pond scum I have always suspected they might be.
GRACIAS SENOR OBAMA. USTED ES EL MEJOR. VIVA EL PRESIDENTE.
Do we really want a Federal agency to become the de facto National Police Force? That’s where this is headed. DHS has Tahoe’s and Suburbans running all around the country with Police painted on their vehicles. When the FBI was formed, Hoover had to fight for permission to arm them. We may have made a mistake giving into him on that one.
everyone who loses a loved one to a drunken illegal alien should sue the federal government
As with all things liberal progressive victims of drunk driving are just tools to be used and discarded to further the progressives goals.
The order seems to be for all drunk drivers.
Arizons Sheriff’s should raise he** about this and request DHS/Border Patrol to assist in detention of drunk drivers.
Gotta reduce the number of illegal aliens arrested for DUI by letting them go.
What happened to the Equal Protection Clause? Could not the Federal Govt. be held responsible for aiding and abetting? What other crimes (State Crimes) are the Border Patrol being told not to assist in? Do they have to wait if witnessing: rape, robbery, assault, murder and call in to a “State” peace officer? This is INSANE AND TREASONOUS. Right there Barack and his Administration are violating the oath to protect this Country.
I was going to post the same thing, why do we need a Border patrol at all?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.