Analysis: Border Patrol Agents’ Actions in Minneapolis Shooting Will Likely Fall Within Agency’s Policy

The CBP Use of Force policy relies heavily on constitutional law, as interpreted by federal courts, that apply a standard that requires any use of force to be “objectively reasonable” at the time force is applied. That measure is determined by examining what the agent knew or perceived when he pulled the trigger, not by public opinion influenced by politicians, or by an arduous review of enhanced video or a frame-by-frame analysis hours or days later.

Separate from any criminal investigations by the FBI, which has primary jurisdiction to investigate shooting incidents involving federal agents, the actions of Border Patrol agents who use force while performing their duties are measured administratively against the strict standards contained in the current CBP Use of Force (UOF) policy.