Napolitano: Border Patrol Is Authorized To Use Deadly Force

By Mario Trujilo

Department of Homeland Security Secretary Janet Napolitano told members of the Senate Judiciary Committee on Wednesday that the U.S. Border Patrol’s rules of engagement mirror those of most other law enforcement agencies. However, Napolitano admitted that she didn’t know whether all officers were carrying lethal weapons the night Border Patrol Agent Brian Terry was killed.

On December 14 Terry was shot after he and other agents attempted to stop a group of armed individuals near the Arizona-Mexico Border. The agents fired beanbags, and were met with AK-47 fire from the suspects, according to Chuck Grassley (R-Iowa), the top Republican on the Senate Judiciary Committee.

The family of Agent Terry said they were told that only two of the four agents were carrying lethal weapons the night of Terry’s murder, while the other two were equipped with only non-lethal beanbags, Grassley contended. Napolitano said that she didn’t know if that was true.

“Like any other law enforcement agency,” Napolitano said, “there is usually a mix of lethal and non-lethal devices that are carried (in the border patrol), particularly when you have a multi-agent event…The particulars of the Agent Terry investigation are still under investigation, and I think the facts will come out over time.”

Napolitano dismissed rumors that the agents that night were instructed to use only non-lethal force. The DHS Chief said that border agents are authorized to use deadly force when under threat.

“The head of the border patrol, Chief (Michael) Fisher, actually comes out of special operations, so he comes out of the same group that Agent Terry was in when he was murdered,” she said. “Our lethal force policy is the same as virtually every law enforcement department in the country. That is, if you are under threat of serious injury or death, you may use lethal force.”

Sen. John Kyl (R-Ariz.) noted that agents cannot physically engage in lethal force if they are not carrying lethal weapons.

Terry’s murder has raised criticism of the Bureau of Alcohol, Tobacco, Firearms and Explosives over an operation nick-named “Fast and Furious.” Two guns that were found at the scene of Terry’s murder were traced back to the ATF operation, in which officials normally charged with intercepting guns at the border were instead ordered to let them “walk” into Mexico. The purpose of the initiative was to track the guns in order to bust those whose hands they ended up in, according to a report issued by the Center for Public Integrity.

Napolitano said she wasn’t aware of Terry’s work but has become aware of the ATF operation in the wake of his murder. She testified that she did not authorize the ATF operation since it fell under the Department of Justice’s jurisdiction. Furthermore, Napolitano said that she was never made aware of concerns about the operation.