Investigative Group

Border Patrol Agents Accused Of ‘Whipping’ Cleared Of Criminal Misconduct, Union Chief Says

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Jennie Taer Investigative Reporter
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National Border Patrol Council President Brandon Judd told the Daily Caller News Foundation that the border agents accused of “whipping” migrants in September were cleared of criminal misconduct amid an ongoing investigation into the incident.

“The only reason that we know that they were cleared is because OPR [Office of Professional Responsibility] started their investigation and they compelled them to give a statement,” Judd told the DCNF. “Once you compel somebody to give a statement, you can’t take criminal action against them.”

The Department of Homeland Security (DHS), nor Customs and Border Protection (CBP) confirmed Judd’s statement.

“We will share the results of the investigation once it is complete and provide updates, as available, consistent with the need to protect the integrity of the investigation and individuals’ privacy,” a DHS spokesperson told the DCNF, providing a link to a November press release that was last updated in January, stating that the DHS inspector general declined to conduct the investigation and handed it over to CBP’s Office of Professional Responsibility (OPR).

The incident took place on Sept. 19, when thousands of Haitian migrants showed up to cross the border into Del Rio, Texas. Border agents on horseback were seen in images that quickly began circulating where it was perceived that they were whipping migrants.

What took place was debated by reporters on the ground and experts, who said the agents appeared to be using their long reins to steer their horses and encircle the migrants to get them to go back to Mexico.

Judd said that the investigation will now focus on possible policy violations. (RELATED: Mayorkas Promised Border ‘Whipping’ Investigation Would Be Done ‘In Days, If Not Weeks,’ But It’s Been Six Months)

“And if they find that there’s policy violations, they could ultimately be terminated, but there’s no criminal proceedings,” he said.

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