The Obama administration has ordered federal agents responsible for protecting one of the nation’s busiest and most crime-infested regions near Mexico to stop apprehending drunk drivers, according to an internal government memo that also concedes an officer that elects to detain them is “acting within the course and scope of his employment.”
Obtained by Judicial Watch this week, the notice is titled “Enforcement Options With Alcohol-Impaired Drivers” and directs the 4,000-plus U.S. Border Patrol agents in the Tucson, Arizona sector to “release” individuals under the influence and “allow them to go on their way.” The document acknowledges that this feels counter-intuitive for Border Patrol agents, but eases concerns by answering a hypothetical question for the officers who have sworn to uphold the law: “If you allow this driver to continue down the road and they kill someone, aren’t you liable?” The answer is no, according to the new Department of Homeland Security (DHS) memo. “There is no legal requirement for a Border Patrol agent to intervene in a state crime, including DUI,” the order says, adding that “therefore there is generally no liability that will attach to the agent or agency for failing to act in this situation.”
The directive offers another scenario—detaining the impaired individual at the request of state or local law enforcement officers (LEO). “There is no duty to detain the alcohol-impaired individual,” the memo says, “but if you do this option can raise potential liability for the agent and the agency.” The document goes on to say that Border Patrol policy is to cooperate with local and state law enforcement officers who alert of suspected violations under state law. That means the agent would be considered to have been acting within the course and scope of his employment while detaining a drunk driver at the request of local law enforcement officers under Arizona law, the document confirms.
I read this on FB at lunch, looked up MADD, and called them. I asked the lady why her org has not publically condemed this. She said that I was the second person to call today and she would look into it and seek out her public policy dept. I told her if their org was worth their salt, there is no gray area in this. Drunk drivers are just that… race and immigration status is moot. I think I blew her away. She was agreeing. We will see… I will not hold my greath.