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Obama Administration Tells Border Patrol to Avoid Apprehending Drunk Drivers

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Border PatrolJudicial Watch

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 recently, the notice is titled “Enforcement Options With Alcohol-Impaired Drivers” and directs the 4,000-plus US 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.”

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© 2015 Judicial Watch

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