Border Patrol agents in Arizona have been advised they are under no obligation to arrest drunken drivers and will face no consequences for letting the suspects go, CBS5 reports.
A training memo that has been circulating among agents reminded them that they have no legal authority to arrest someone for breaking an Arizona law because they are not certified peace officers.
“The question is how much authority does Border Patrol have to enforce state laws against U.S. citizens,” former prosecutor and criminal defense attorney Alex Lane said. “Do we want Border Patrol checkpoints to also be DUI checkpoints?”
A union representing agents said drunken drivers will not be let go.
“I can assure you that the agents I represent and the people I work with just would not release someone who was severely intoxicated,” said Art Del Cueto, president of Local 2544.
Customs and Border Patrol released this statement to CBS5:
The recent informational slide, which was inappropriately released outside of CBP, was intended as an internal messaging slide to provide training to Tucson Sector Border Patrol agents about their legal options when encountering drivers who appear to be impaired. In cases where Border Patrol agents encounter possibly impaired drivers, they are trained to exercise their professional judgment when assessing the current situation. Information on the slide does not direct agents to detain or not detain these drivers, but instead provides them information, based on judicial precedent, to use their discretion when encountering possibly impaired drivers. The Border Patrol often releases internal messaging on a wide range of topics to inform agents so that they may better perform their duties within the scope of the law.
