Luján, Colleagues Introduce Border Patrol Accountability Legislation

Press Release

Date: Nov. 4, 2021
Location: Washington, DC

U.S. Senator Ben Ray Luján (D-N.M.)led the introduction of the Border Accountability, Oversight, and Community Engagement Act to create mechanisms for border residents and stakeholders to provide recommendations and oversight of border policies, while at the same time improving the training and enforcement accountability of U.S Customs and Border Protection (CBP). The legislation would enact critical overhauls to immigration enforcement at the U.S. border that would help prevent abuses and increase scrutiny of incidents such as those carried out in Del Rio and many other communities along the border.

The legislation is co-sponsored by U.S. Senators Bob Menendez (D-N.J.), Cory Booker (D-N.J.), Martin Heinrich (D-N.M.), and Alex Padilla (D-Calif.). Similar legislation was introduced in the U.S. House by U.S. Representative Veronica Escobar (D-Tex.).

Specifically, the bill would:

Establish a commission within the Department of Homeland Security (DHS) comprised of representatives from northern and southern border states to develop policy recommendations, evaluate policies, and improve agent and officer safety.

Establish the DHS Office of the Ombudsman dedicated to investigating complaints, identifying systemic issues, and providing recommendations to improve border and immigration activities.
Create a border liaison office within U.S. Customs and Border Protection.

Mandate certain training and education for CBP officers and agents, such as community policing practices, lawful use of force and de-escalation tactics, and history and ethics of asylum law.

Require reports from DHS, CBP, and GAO, such as: an assessment of staffing needs and border security strategy, use of body-worn cameras, use of force policies, and death of migrants while in custody.

"I'm proud to introduce the Border Accountability, Oversight and Community Engagement Act to increase accountability at the U.S. border and to help prevent abuses, such as those carried out in Del Rio and many other communities along the border. Border communities know their communities best, and it's far past time that these communities are part of the conversation around border policy," said Senator Luján. "That's what this legislation will accomplish, and I look forward to working with Representative Escobar and my colleagues to advance this legislation."

"Border communities deserve to have a seat at the table when it comes to developing and navigating sound border policies," said Senator Heinrich. "That's why I'm proud to join Senator Luján to introduce this legislation that increases accountability within our border agencies, requires consistent community input in the development and implementation of policies, and ensures border agents and officers are trained to treat migrants including vulnerable populations humanely and with respect.

"The persistent lack of accountability and inhumane behavior we have seen from Border Patrol agents in Del Rio and in other incidents across the southern border are unacceptable," said Senator Padilla. "We must hold our federal law enforcement to a higher standard, provide proper oversight of these agencies and ensure our border communities have a seat at the table. The Border Accountability, Oversight, and Community Engagement Act will help to reform our immigration enforcement practices and takes steps to reduce and prevent abuses of power."


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