Border Patrol Challenges NY Times, PERF To Prove Claims

The National Border Patrol Council issued a challenge to the New York Times, the Police Executive Research Forum, or the ACLU to prove claims that agents deliberately created situation that allowed them to use deadly force.

The Border Patrol agents’ union issued the challenge on its Facebook page. It reads:

We challenge the New York Times, PERF, or the ACLU to find one documented case where as they claim, agents stood in front of vehicles or rock throwers so they could use deadly force. It just hasn’t happened. Agents have thousands of encounters every day with safe results. To pre-judge the actions of one and then paint 21,000 other agents with the same brush as reckless and unaccountable is both unwarranted and poor journalism.

We will agree on one count, the agency needs to be more transparent if for no other reason than to put a stop to illogical arguments such as this.

The union shared a link to a recent New York Times opinion piece applauding the recent indictment of Agent Lonnie Swartz for the shooting death of José Antonio Elena Rodríguez. Tremendous political pressure was brought to bear to secure an indictment of Swartz this month, three years after the shooting and after being investigated and cleared by multiple local, state and federal agencies and then returned to the field to work.

The New York Times claims that the “indictment lends credence to what José Antonio’s family and activists on both sides of the border have long insisted: that this was another senseless killing by a member of an agency notorious for the reckless use of deadly force.”

The Times claims that the union’s request that the public reserve judgment is “fair,” but then proceeds to pass judgment on Swartz and all other Border Patrol agents using cherry-picked findings by PERF (Police Executive Research Forum).

In PERF’s 2013 report, the group alleged that Border Patrol’s agents did not move away from rock throwers or deliberately stood in the way of fleeing cars, to justify deadly force. Neither the New York Times nor PERF offered proof of the allegations. However unlike PERF, the New York Times ignored the dangerous realities agents face every day. PERF’s findings include:

– Border protection along the U.S./Mexico Border is a unique and hazardous assignment. Frequent and dangerous rock attacks and other attacks on agents take place when agents are patrolling or making arrests near the border. In many cases, agents must effect drug seizures and arrests under threat of such attacks. For example, when drug smugglers who are intercepted by agents are attempting to flee and to take bales of drugs back across the border, agents are expected to do what they can to apprehend the suspects and recover the drugs. However, rocks being thrown and the threat of gunfire coming from south of the border create a significant danger justifying defensive action. If agents are only armed with deadly weapons, they are left with few options: retreat, or use their firearms.

– Agents assigned to marine patrol and agents assigned to patrol or who respond near the International Border Fence (IBF) are particularly vulnerable to rock attacks.

Read the PERF report here.


  1. I do not care which side of the border you are on you have a constitutional RIGHT to defend yourself. The last time I read something that the NYT had written was when I had a Canary and was changing the paper in the bottom of the cage. This whole SHAM of a trial is nothing more than a DEMONcratic B.S. charge created by the &%$$#@ obummer and his &%$$#@ AG HENCH b&%$h and should NEVER have happened. They are going after this HERO because they want the CRIMINAL, ILLEGAL, ALIEN, TERRORIST, COMBATANT, INVADER, PARASITES votes and the TRAITOROUS, UN-AMERICAN, UN-PATRIOTIC people that support the INVADERS, of which you will probably see 2 of them reply to my comment. This agent should have been given the Congressional Medal of Freedom for his actions. These INVADERS should be declared TERRORIST’S just like ISIS, Al Qaida, and the Taliban and a WAR declared on them and NOT give them free access to OUR COUNTRY and social services which MANY Americans can not get. They are a plague on our once great nation and we need to STOP all of this POLITICALL CORRECT B.S. of giving them free rein in our nation to commit crimes, which include FRAUD, GOVERNMENT THEFT, IDENTITY THEFT, DOMESTIC VIOLENCE, CHILD MOLESTATION, RAPE and MURDER. Now a couple of REAL RACIT’S against WHITE people are going to call me a “Hater”, and they will be right, as I hate anyone that INVADES our Nation illegally and ignores our LAWS, and I do not care where they come from or what their race is. White, black, brown has NOTHING to do with it.

  2. I have been to this site, you should as well before you throw ricks!

    This child was murdered by BP. Simple and the Officer us going to have his day in Court.

    All Officers accused if wring doing should face a jury if peers. The NY Times is dead in that just a pun since it seems the BP and many Law Enforcement Agencies have forgotten ” serve ” and “protect “.

  3. Once again- blame law enforcement for law breaking.( Look up the history of the ACLU.) Berryhussein and his thuggish minions refuse to protect this country.

  4. No the aclu needs to be investigated under RICO laws as a corrupt organization. Does little for the taxpayer and lives off the public tit. Gets paid for filing lawsuits and gets paid for losing lawsuits all with taxpayer $$.

    Like most gov’t assisted programs needs to be shut down.

  5. Failure to interdict drug and human activity along its northern border sheds light on the corrupt Mexican government and its partnership with barbaric cartels. Meanwhile, through the Merida Initiative, the U.S. continues to send this shady nation millions of dollars for nothing but lip service, all on the backs of hardworking American taxpayers. Want to stop human and drug trafficking within one week? Put National Guard along the border with orders to use extreme prejudice on all who try to cross. Word will travel rapidly throughout Mexico and the stream of illicit travel will drop significantly.

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