In an El Paso Times report today, Border Patrol Chief Mike Fisher said that despite a report recommending that Border Patrol agents stop using deadly force against rock-throwers, his agency will not end the practice. He told the Associated Press that the curbs outlined in a report from the Police Executive Research Forum, a nonprofit that advises law enforcement agencies, were too restrictive.
CBP considered the proposed curbs “very restrictive,” Fisher told The Associated Press.
Under current policy, agents can use deadly force if they have a reasonable belief that their lives or the lives of others are in danger.
“We shouldn’t have carve-outs in our policy and say, except for this, except for that,” Fisher said. “Just to say that you shouldn’t shoot at rock-throwers or vehicles for us, in our environment, was very problematic and could potentially put Border Patrol agents in danger.”
CBP has not released the full findings of the Police Executive Research Forum. Fisher’s comments are the most publicly detailed about them.
The internal review began last year after 16 members of Congress raised concern about the May 2010 killing of Anastasio Hernandez, an unarmed Mexican who died from stun gun wounds at San Diego’s San Ysidro port of entry. Authorities have said he was being combative while being returned to Mexico. The Justice Department is investigating that killing.
Hernandez was one of 20 people killed by CBP officials since 2010, including eight who died in rock-throwing incidents with Border Patrol agents, according to the American Civil Liberties Union.
This article appears in Oct 31 – Nov 6, 2013.

From my point of view the restrictions are far too loose.
Case in point: I’ve been wondering if the Border Patrol has been offering counseling to the agents who murdered a 16-year-old boy, Jose Elena Antonio, with 7 shots fired into his back while he was walking along a street in Nogales, Sonora.
(Across an International Border, no less!)
The shooting – callously described by the US Border Patrol as an “incident” – is still under investigation by the FBI more than a year later.
While the boy’s family grieves.
But, sincerely, I do worry about the BP officers who killed that boy.
Because from everything I’ve read about the “code” of law enforcement, to shoot any human in the back is not only forbidden, but also is an act that will haunt the shooters the rest of their days.
Also, I cannot imagine the shame they must be feeling after the autopsy revealed that 5 of shots penetrated the boy’s back while he lay dying on the sidewalk.
you can get killed by getting hit in the head with a rock, if your stupid enough to throw rocks at police or border patrol, then be prepared to get shot, we dont equip our law enforcement people with sling shots!!!!
BP agents are attacked every day by gangs using deadly force, whether large rocks or guns. They are constantly outnumbered. The above case can be juxtaposed with the murder of Agent Terry.
If an agent cracks, as appears to have happened in the Jose Elena case, it’s not a surprise. The boy’s family probably should’ve kept him away from the drug running gang that he was working with that day when he was killed. The were working a typical harass and smash operation to get drugs across the border using a large number of people against outnumbered border patrol who they harass while sending a wave of people across. They rely on the fact that BP is spread thinly and not allowed to retaliate unless they feel their lives are in danger and the gangs push the limit of what kind of harassment they can get away with every day. So not a ton of sympathy for that case here.
Until we legalize drugs and enforce immigration laws in the workplace, E-Verify law nationwide like Arizona, these problems will continue to happen.
A single unfortunate case, like the one mentioned above, doesn’t mean BP shouldn’t be able to defend themselves.
If it were “a single unfortunate case”, everyone could get counseling and go home. Last year, the unfortunate cases were in the double digits. And who can forget the cell phone video of the handcuffed prisoner beat to death by the BP within sight of the border? In self defense? Hardly. There is a pattern of over-reaction that embarrasses real law enforcement professionals, as stated in the recommendations in the report.
jammerk65?
Apparently,you’re assuming that the boy who was murdered happened because he threw rocks up and over an 18-foot high fence at Border Patrol agents on the other side.
Neither you nor I know that as a fact.
But the FBI has the videotape of this tragic event from the beginning to its terrible ending.
Which neither you nor I will ever see.
Which bothers me far more than it apparently does you.
As for what bslap posted?
“The boy’s family probably should’ve kept him away from the drug running gang that he was working with that day when he was killed. The (sic) were working a typical harass and smash operation to get drugs across the border using a large number of people against outnumbered border patrol who they harass while sending a wave of people across.”
Pure fiction…
Apparently those who protect power and privilege here in the Corporate National Security Police State(tm) are just as cowardly as those whom they are protecting…
And it’s not just “Mexicans” who have to worry about it:
http://www.tucsonweekly.com/TheRange/archi…
The Mex. Cartels, La Raza, La Familia, MS-13 and other organizations bringing over the drugs are a ruthless bunch of animals and if they’re little perros that work for them are caught in the crossfire with Law Enf. (BP), then you have to expect collateral damage.
What a terrific, insightful comment you posted, RickJason!
Still another one that accepts no responsibility, whatsoever, for the demand for illicit drugs from Mexico.
Were you smoking Mexican weed when you posted?
To the obviously pro-La Raza Retard who questioned whether I was smoking weed when I posted: I bust jerks like you cockroaches. I, retired law enf. as well as other patriots have been working the border for the past 5 yrs. assisting law enf. and know a little about the scum that is bringing the drugs here to our country and also about the same who use it here on this side. Probably like you and your associates. La Raza, La Familia and other La Retardos that break our laws and then protest in the streets demanding that they get their SW U.S. back.
And no, I don’t smoke weed or do any other illegal drugs, so stuff that in your bong and smoke it!