The U.S. Office of Special Counsel questioned the findings of a CBP internal investigation concerning a whistleblower complaint that, among other allegations, the Deming New Mexico Air Unit was prevented from responding to emergency calls, resulting in several deaths. The deaths included one migrant and a Border Patrol agent who died in July 2020. After investigating the matter, the Customs and Border Protection’s Office of Professional Responsibility (OPR) ruled the allegations were unsubstantiated.
The Office of Special Counsel alerted the President and Congress that the findings in the whistleblower-initiated investigations do not appear reasonable. The allegations of misconduct related to the dispatch of CBP aircraft within the El Paso Air Branch office stem from the whistleblower’s complaint referred to DHS Acting Secretary Chad Wolfe for investigation by the OSC in September 2020.
In addition to alleging CBP improperly prevented the Deming Air Unit from responding to emergency air response calls, the complaint contends one pilot flew into restricted air space during an unapproved change in mission and that the subsequent investigation of that incident contained false statements in the findings report.
The whistleblower also asserted that the agency dispatched air assets for questionable purposes, and managerial decisions hindered the Deming Air Unit’s ability to achieve its mission.
In September 2021, Acting CBP Commissioner Troy A. Miller notified the Office of Special Counsel that the investigation conducted by the Office of Professional Responsibility showed that other than the inadvertent incursion of a CBP aircraft into restricted air space, which had been previously investigated and remedied through training, the investigation found no violation of law, rule, or regulation.
A Washington Times report by Stephen Dinan asserts the matter was a “beef” between two Homeland Security Department supervisors that may have contributed to the death of an illegal immigrant and delayed the rescue of a Border Patrol agent who later died, as alleged in the complaint. The investigative report forwarded to the Office of Special Counsel indicated that the allegations failed to include relevant information regarding the incidents that occurred in 2020 and do not support that assertion, according to a Customs and Border Protection source.
In the case of the line-of-duty death of a Border Patrol agent in New Mexico referenced in the allegation, the agency investigative report showed the decision to dispatch an El Paso-based aircraft rather than a Deming, New Mexico-based aircraft stemmed from a dispatch officer’s determination that the Deming aircrew did not meet rest requirements. The report determined that the crew may have been able to meet the rest requirement but was not on duty when the air support request occurred.
It was determined in the investigative report that the immediate availability of the aircrew in El Paso, which added an hour to the response time when distance alone is considered, did not substantially impact the response to the medical emergency suffered by the Border Patrol agent, who was already being administered CPR by fellow employees and ultimately did not survive.
The report notes CBP air assets, primarily used for law enforcement purposes, can also assist in preserving life when an individual is “broken, bleeding, or missing” in some circumstances when possible. A senior CBP official serving within the El Paso Sector of the Border Patrol in the aftermath of the agent and the migrant death in question confirmed the complexity of operating in the remote border environment and the issues related to dispatching available air resources.
The source, not authorized to speak to the media, told Breitbart Texas the Border Patrol did not question the air response to the medical emergency faced by the agent that led to his death. The source said the agency did not at any time feel the untimely death of the agent could have been impacted based on the air response from CBP.
“The air platforms available in many cases do not allow for continued care during flight due to configuration issues,” the source emphasized. “There simply is not enough room to continue to perform CPR in some instances. Our primary choice would be a commercial life flight if available.”
In addition, the source says the allegations regarding the search for the migrant mentioned in the whistleblower complaint did not consider other air platforms outside the agency that may have been dispatched or any weather or mechanical limitations facing CBP aircraft in Deming.
“We not only count on CBP aircraft to assist the border patrol in our mission of border security but also rely on the significant availability of Department of Defense air assets in El Paso and New Mexico area as well,” the source added.
In many cases, according to the source, the Department of Defense aircrews may be notified of an urgent need for air support instead of a CBP aircraft if one is more readily available at the time of the need.
“As far as proving that an air response by one office over the other directly impacted a migrant death or rescue, that’s a stretch,” the source explained. “We do everything possible to resolve searches positively, and I believe our air branch would not let a petty squabble between managers impact that either.”
Agency records indicate the Border Patrol was satisfied with the air response provided. In a press release issued by Customs and Border Protection less than two weeks after the death of the Border Patrol agent within the El Paso Sector, four lost migrants were rescued with the assistance of the Air and Marine Branch and agents assigned to the Deming area during a ten-day period during July 2020.
Border Patrol Chief Gloria Chavez made remarks concerning the rescues during the month in question, saying, “These life-saving events continue to highlight the dangerous risks that illegal migrants are placed in by criminal organizations. I am grateful because 12 lives were saved as a result of the continued intra-agency collaboration between El Paso Sector Border Patrol Agents, BORSTAR, and Air and Marine Operations.”
The source says not all rescue attempts have a happy ending for Border Patrol agents or for the migrants in the remote deserts near El Paso. “Sadly, not all rescue attempts go as planned, but to say an additional resource could have conclusively saved a life in an environment as harsh as we see at the border in New Mexico or El Paso is not a realistic assertion,” the source concluded.
Randy Clark is a 32-year veteran of the United States Border Patrol. Prior to his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X (formerly Twitter) @RandyClarkBBTX.