The following contains use of force policies issued by the Department of Homeland Security, Customs and Border Patrol, and the Department of Justice. The list is provided in reverse chronological order to help show changes over time as well as the policies currently in effect. The list also contains other relevant documents such as an Inspector General report and independent review commissioned by CBP.
2. Department of Homeland Security, Secretary Alejandro N. Mayorkas, Update to the Department Policy of the Use of Force (Feb. 6, 2023) [Policy Statement 044-05 (Revision 1)]
III. General Principles
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C. Use of Safe Tactics1. DHS LEOs should seek to employ tactics and techniques that effectively bring an incident under control while promoting the safety of LEOs and the public,and that minimize the risk of unintended injury or serious property damage. DHS LEOs should also avoid intentionally and unreasonably placing themselves in positions in which they have no alternative to using deadly force.
…VI. Deadly Force
A. General Guidelines1. …
a. DHS LEOs may use deadly force only when necessary, that is when the LEO has a reasonable belief that the subject of such force poses an imminent threat of death or serious bodily injury to the LEO or to another person.
b. Fleeing Subjects: Deadly force shall not be used solely to prevent the escape of a fleeing subject. However, deadly force is authorized to prevent the escape of a fleeing subject where the LEO has a reasonable belief that the subject poses a significant threat of death or serious physical harm to the LEO or others and such force is necessary to prevent escape.…
B. Discharge of Firearms
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2. Moving Vehicles, Vessels, Aircraft, or other Conveyancesa. DHS LEOs are prohibited from discharging firearms at the operator of a moving vehicle, vessel, aircraft, or other conveyance unless the use of deadly force against the operator is justified under the standards articulated elsewhere in this policy. Before using deadly force under these circumstances, the LEO must take into consideration the hazards that may be posed to law enforcement and innocent bystanders by an out-of-control conveyance.
3. Department of Justice Manual, Policy On Use Of Force, 1-16.00 – 1-17.000 (updated July 2022)
DEADLY FORCE
I. 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.
A. Deadly force may not be used solely to prevent the escape of a fleeing suspect.
B. Firearms may not be discharged solely to disable moving vehicles. Specifically, firearms may not be discharged at a moving vehicle unless: (1) a person in the vehicle is threatening the officer or another person with deadly force by means other than the vehicle; or (2) the vehicle is operated in a manner that threatens to cause death or serious physical injury to the officer or others, and no other objectively reasonable means of defense appear to exist, which includes moving out of the path of the vehicle. Firearms may not be discharged from a moving vehicle except in exigent circumstances. In these situations, an officer must have an articulable reason for this use of deadly force.
6. Customs and Border Patrol, Use of Force Policy (January 2021) [4500-002A]
Chapter 1: General Guidelines
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C. Use of Safe Tactics
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2. Except where otherwise required by inspections or other operations, Authorized Officers/Agents should avoid standing directly in front of or behind a subject vehicle. Officers/agents should not place themselves in the path of a moving vehicle or use their body to block a vehicle’s path.
3. Authorized Officers/Agents should avoid intentionally and unreasonably placing themselves in positions in which they have no alternative to using deadly force.
7. Department of Homeland Security Acting Deputy Secretary Claire M. Grady, Department Policy on the Use of Force (Sept, 7, 2018) [Policy Statement 044-05]
III. General Principles
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C. Use of Safe TacticsDHS LEOs should seek to employ tactics and techniques that effectively bring an incident under control while promoting the safety of LEOs and the public, and that minimize the risk of unintended injury or serious property damage. DHS LEOs should also avoid intentionally and unreasonably placing themselves in positions in which they have no alternative to using deadly force.
…VI. Deadly Force
A. General Guidelines
…2. A DHS LEO may use deadly force only when the LEO has a reasonable belief that the subject of such force poses an imminent threat of death or serious bodily injury to the LEO or to another person.
a. Fleeing Subjects: Deadly force shall not be used solely to prevent the escape of a fleeing subject. However, deadly force is authorized to prevent the escape of a fleeing subject where the LEO has a reasonable belief that the subject poses a significant threat of death or serious physical harm to the LEO or others and such force is necessary to prevent escape.
B. Discharge of Firearms
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2. Moving Vehicles, Vessels, Aircraft, or other Conveyancesa. DHS LEOs are prohibited from discharging firearms at the operator of a moving vehicle, vessel, aircraft, or other conveyance unless the use of deadly force against the operator is justified under the standards articulated elsewhere in this policy. Before using deadly force under these circumstances, the LEO must take into consideration the hazards that may be posed to law enforcement and innocent bystanders by an out-of-control conveyance.
Directive
In order to lessen the likelihood of deadly force situations and reduce the risk of injury or death to agents and others, I am implementing the following directive effective immediately, which clarifies existing guidelines contained in the CBP Use of Force Policy:
(1) In accordance with CBP’s current Use of Force policy, agents shall not discharge their firearms at a moving vehicle unless the agent has a reasonable belief, based on the totality of the circumstances that deadly force is being used against an agent or another person present; such deadly force may include a moving vehicle aimed at agents or others present, but would not include a moving vehicle merely fleeing from agents. Further, agents should not place themselves in the path of a moving vehicle or use their body to block a vehicle’s path.
Note-1: Not publicly available is the CBP’s 23-page internal response, which the LA Times obtained.
Note-2: See ACLU’s Freedom of Information Act Complaint (May 22, 2014)
Note-3: For the importance of this report, see my analysis on Substack and YouTube.
11. Customs and Border Patrol, Use of Force Policy Handbook (October 2010) (first version) [HB 4500-01B]
Note: The Handbook states that “This Policy supersedes the U.S. Customs Firearms and Use of Force Handbook (CIS HB 4500-01A) dated March 2003; the U.S. Customs and Border Protection Interim Use of Force and Firearms Guidelines dated October 11, 2004; the INS Firearms Policy dated 19 February 2003; the U.S. Customs Firearms and Use of Force Training Policy (CD 4510-017A ) dated December 17, 2001; the 24 Hour Carry of Firearms by Office of Field Operations Personnel (ENF-3-FO RDJ) dated March 3, 2000; and the U.S. Immigration and Customs Enforcement Interim Firearms and Use of Force Policies dated July 7, 2004 (as they applied to CBP components transferred from U.S. Immigration and Customs Enforcement).”
Great Job Ryan Goodman & the Team @ Just Security Source link for sharing this story.
