Border Patrol Ordered to Release Drunk Drivers, “Allow Them to Go On Their Way”

[roo_ster]

http://market-ticker.org/akcs-www?post=229837
http://www.judicialwatch.org/blog/2015/02/border-patrol-ordered-release-drunk-drivers-allow-go-way/

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.”

Nice.

So now in addition to kids coming into the country carrying disease (which is probably how the measles outbreak got going and spread, as the CDC has admitted) we now have documentary proof that DHS has been ordered to release illegals that are caught driving while intoxicated.

Oh, if you think this is a "rare" situation, you're wrong.  The sector in question recorded nearly 88,000 apprehensions last fiscal year along with seizure of nearly a million pounds of weed.

But heh, if you're an American and get busted driving while intoxicated, well, you're going to jail and will be forking up ten grand or more, lose your license for a year, lose your job, and forevermore have a nice big black mark on your record.

Up here hte local LEOs let them off for lots of things, too.  No sense imposing a fine on an ilegal you know will never be paid.  A local resident, OTOH, can be expected to cough up some dough.

[griz]

So the Border Patrol is supposed to let someone go even if they are here illegally and committing a crime that would mean a ride in a police car to a citizen of this country.  Remind me again why exactly we even have the Border Patrol?

[Scout26]

Apparently to stand at the Border and wave them thru....politely....

 

[wmenorr67]

So the Border Patrol is supposed to let someone go even if they are here illegally and committing a crime that would mean a ride in a police car to a citizen of this country.  Remind me again why exactly we even have the Border Patrol?

Welcoming committee, Wally World Door Greeters.

[MillCreek]

So as I read the links, I am not seeing where the Border Patrol is being asked to not detain drunk illegal aliens, but rather drunk drivers who are not illegals. In other words, the BP does not have jurisdiction over stopping and detaining Joe Citizen who is driving drunk.  Joe Citizen driving drunk is not a Federal crime, I suspect, and as such as Federal law enforcement agency would not have jurisdiction.  I would hope that the Border Patrol would stop and detain someone who was here illegally and driving drunk, albeit for the immigration violation.

[brimic]

 Remind me again why exactly we even have the Border Patrol?

So that the Feds can prevent  border States or citizens of the border states from patrolling their own borders.

[Boomhauer]

Apparently to stand at the Border and wave them thru....politely....

 

You also forgot to bring them water and give them a ride when they find the illegals crossing the border in the desert.

[MechAg94]

Thinking about this and the other thread on asset seizure.  Why doesn't the Border Patrol seize all the cars and trucks and other property of these illegals they catch?  Most of it is not worth crap, but I bet it adds up. 

If nothing else, they can become a big automobile reseller to recent immigrants. 

[griz]

So as I read the links, I am not seeing where the Border Patrol is being asked to not detain drunk illegal aliens, but rather drunk drivers who are not illegals. In other words, the BP does not have jurisdiction over stopping and detaining Joe Citizen who is driving drunk.  Joe Citizen driving drunk is not a Federal crime, I suspect, and as such as Federal law enforcement agency would not have jurisdiction.  I would hope that the Border Patrol would stop and detain someone who was here illegally and driving drunk, albeit for the immigration violation.

You're absolutely right, I confused the commentary with the reporting. Thanks for the correction.  I'm still not happy with the idea that they should let drunk drivers go because they create a liability issue, but the law is the law. 

[MikeB]

So as I read the links, I am not seeing where the Border Patrol is being asked to not detain drunk illegal aliens, but rather drunk drivers who are not illegals. In other words, the BP does not have jurisdiction over stopping and detaining Joe Citizen who is driving drunk.  Joe Citizen driving drunk is not a Federal crime, I suspect, and as such as Federal law enforcement agency would not have jurisdiction.  I would hope that the Border Patrol would stop and detain someone who was here illegally and driving drunk, albeit for the immigration violation.

If I'm reading it correctly, I think you're right. These are not locations on the border, these are those stops sometimes 100 miles away that probably shouldn't be legal anyway as it seems they spend more time harassing citizens than actually catching illegals.