Patrol agents on horseback did not whip migrants, but used force and inappropriate language, investigators say

Patrol agents on horseback did not strike Haitian migrants at the Mexican border last year, though there were “failures at multiple levels,” including a lack of supervision and inappropriate use of language during the incident, federal investigators found.

In September, video footage showing Border Patrol agents on horseback, using what appeared to be whips on migrants seeking asylum along the border in Del Rio, was widely circulated, prompting a federal investigation by U.S. Customs and Border Protection’s Office of Professional Responsibility.

At the time, a Department of Homeland Security official called the footage “extremely troubling,” while then-White House press secretary Jen Psaki deemed it “horrific.”

“It’s outrageous. I promise you those people will pay,” Biden told reporters, referring to the agents in the video, following the release of the footage last year.

The nine-month investigation, which culminated in a 511-page report by the department, found no evidence that agents used horse reins to strike people during an “unprecedented surge in migration” of about 15,000 Haitians near the international bridge. However, agents acted in unprofessional and dangerous ways, including an instance in which an agent “maneuvered his horse unsafely near a child,” investigators wrote. The names of the agents involved were redacted to protect their privacy.

The same agent directed denigrating language toward a migrant, yelling “Hey! You use your women? This is why your country’s s***, you use your women for this,” the report said.

“It's clear from the investigation that decisions made by some of the agency’s leadership, and the lack of appropriate policies and training, all contributed to the incident," Customs Commissioner Chris Magnus said at a press conference Friday afternoon. "But there is no justification for the actions of some of our personnel, including unprofessional and deeply offensive conduct.”

In addition to the administrative and policy failures, the commissioner noted that the “overall chaotic nature of the situation” contributed to the botched outcome.

The migrants were attempting to enter or return to the United States, with many carrying tickets previously issued by the Border Patrol and food for their families. One agent said he gave the migrants a choice of returning to Mexico or being arrested, while another said he could not justify his use of force other than preventing the group from further entering the country. Despite these actions, the report said, no migrants were ultimately forced to return to Mexico.

Investigators also found that the agents on horseback conducted the operation with authorization from their supervisor, who did not receive additional guidance from a higher-ranking official.

More than 30 interviews with eyewitnesses led to the report’s findings, including those with agents directly involved and the department’s officials. Investigators also used video footage, documents and photographic evidence from multiple angles to reach their conclusion.

Though no horse reins were used, agents were found to have used force, or the threat of force, to drive migrants back into the Rio Grande toward the border, investigators found. But one agent admitted to “twirling these split reins as a distancing tactic” despite no mention of such tactics in the patrol’s training documents.

To remedy the agents’ wrongdoings, the department plans to change practices, training and operational methods, as well as implement stricter limits on the use of horse patrol units.

Four agents are facing disciplinary action, which will be determined through a process conducted by a board of senior leaders in the department. The results of the discipline process will be made public upon completion.

When asked about the discipline the agents could face, Magnus said actions could range from reprimand to termination. However, he did not indicate what discipline might apply to the agents involved.

“We have already begun making changes to address agency shortcomings identified in the report, including revising the policies and procedures for utilization of horse patrol units, strengthening command and control during large-scale operations, and development of new trainings,” Magnus wrote in the report.

Influence from public officials, specifically responding to Biden’s remarks calling for discipline last year, played no influence in the investigation, the commissioner said at the press conference.

“I was counting on them to do a fair, thorough, comprehensive investigation without regard to outside influence,” Magnus said, referring to investigators. “They were to disregard anything they heard outside of their own work, and I think the investigation that’s been produced shows that’s exactly what they've done.”

When asked about the amount of time it took for the report to come out, Magnus expressed frustration at the length of time and leveled blame at the U.S. Attorney General’s office, which “took a little over five months” to determine not to issue criminal charges relating to the case.