09/12/2024 | Press release | Distributed by Public on 09/12/2024 14:22
Findings reveal need for clarity in legal authorities and agency policy, training; Leadership commits to take immediate action in commitment to supporting workforce and community resilience
WASHINGTON-Today, U.S. Customs and Border Protection (CBP) published the findings of the Office of Professional Responsibility's (OPR) Critical Incident Review ("investigation") of the CBP response to the mass shooting at Robb Elementary School in Uvalde, Texas, on May 24, 2022.
"The active shooter incident at Robb Elementary School was a profound tragedy and deeply traumatic event. The loss of innocent lives and the enduring emotional scars borne by the survivors, families, community, and first responders are immeasurable," said CBP Senior Official Performing the Duties of the Commissioner Troy A. Miller. "As our report indicates, we are committed to, and working with our federal, state, and local partners to ensure that our brave officers and agents have effective training, policy guidance, equipment, and legal authority to respond to critical incidents."
On May 24, 2022, CBP personnel stationed in the area responded immediately to the incident, together with local law enforcement. Many CBP personnel live in Uvalde; and they work to protect their community, families, friends, and neighbors every single day. The investigation concluded none of the CBP personnel operating at the scene were found to have violated any rule, regulation, or law, and no CBP personnel were referred for disciplinary action. This investigation was conducted by dozens of OPR special agents, who reviewed thousands of hours of video and conducted over 200 interviews.
Separately, in accordance with agency policy, CBP's National Use of Force Review Board (NUFRB) held a special session in July to evaluate the compliance with agency policy and procedures of the USBP agents who utilized force to eliminate the threat at Robb Elementary School. The NUFRB Board, which consists of senior officials from CBP's law enforcement component offices, as well as senior representatives from Homeland Security Investigations (HSI), the Department of Homeland Security (DHS) Office of Civil Rights and Civil Liberties (CRCL), and the Department of Justice Civil Rights Division, determined that the agents acted within CBP policy for use of force and also did not identify any misconduct by CBP personnel.
The CBP OPR investigation identified several key issues:
Set forth below is a more detailed overview of the investigative process, the investigative results, and the actions U.S. Customs and Border Protection is taking in response to the investigative report.
Investigative Process
CBP's Office of Professional Responsibility is an independent office within CBP that reports directly to the Commissioner and is responsible for conducting criminal and administrative investigations, responding to and reviewing use of force and critical incidents, reviewing in-custody and other deaths, and producing analysis to identify and mitigate threats to CBP. The Commissioner is not involved in the fact-finding investigative process.
CBP OPR began its investigation of what occurred in Uvalde in the immediate aftermath of the incident. The investigation documented the facts and circumstances of the incident; assessed whether CBP personnel complied with all relevant policies, regulations, and laws; and identified factors that could mitigate future similar incidents. Consistent with CBP OPR's investigative procedures, investigators first notified the Department of Homeland Security (DHS) Office of Inspector General (OIG) and subsequently coordinated with the U.S. Department of Justice (DOJ).
Investigative Results
The CBP OPR investigation identified several organizational and scene management issues with respect to lack of command and control, insufficient policy guidance, and training of CBP officers and agents.
The OPR investigation into the Uvalde incident established the following findings:
1. Legal Authorities
2. Command and Control
3. Active Shooter and Incident Management Training
Recommendations
In response to the investigation's findings, the CBP Office of Professional Responsibility is issuing the following recommendations:
1. Legal Authorities
2. Training
Actions Taken
CBP has proactively taken significant internal actions to address issues pertaining to legal authorities and relevant policy well in advance of this report. These initiatives reflect CBP's steadfast commitment to responsibility, continuous evaluation and improvement, and effective law enforcement collaboration. CBP will take additional steps to address the report's findings and recommendations.
Conclusion
As a professional law enforcement agency, CBP is committed to learning from the incident in Uvalde and improving at all levels. CBP is initiating Agency corrective actions to address the identified vulnerabilities identified in this report, including strengthening incident command practices, improving training, and updating policies governing CBP personnel interactions with state, local, tribal, and territorial law enforcement agencies. CBP is a major part of the Uvalde community and in addition to the agents assigned to the USBP Uvalde Station, many CBP families from across this region call the city home. The incident at Robb Elementary School was more than just another law enforcement operation for the CBP personnel who responded - many had a direct, personal connection to the community.
U.S. Customs and Border Protection (CBP) is America's frontline: the nation's largest law enforcement organization and the world's first unified border management agency. The 65,000+ men and women of CBP protect America on the ground, in the air, and on the seas. We facilitate safe, lawful travel and trade and ensure our country's economic prosperity. We enhance the nation's security through innovation, intelligence, collaboration, and trust.