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Arizona Sheriff Cites Flood of Border Agents Confirming Feds’ No-Apprehension Policy

By Jana Winter

Published April 19, 2011
FoxNews.com

An Arizona sheriff says he has been flooded with calls and emails of support from local and federal agents who back his claims that the U.S. Border Patrol has effectively ordered them to stop apprehending illegal immigrants crossing the U.S.-Mexican border.

“Upper management has advised supervisors to have agents ‘turn back South’ (TBS) the illegal aliens (aka bodies) they detect attempting to unlawfully enter the country … at times you even hear supervisors order the agents over the radio to ‘TBS’ the aliens instead of catching them,” one San Diego border agent wrote in an email to Cochise County Sheriff Larry Dever.

“This only causes more problems as the aliens, as you know, don’t just go back to Mexico and give up. They keep trying, sometimes without 10 minutes in between attempts, to cross illegally,” continued the email, which was among a number of communications to Dever reviewed by FoxNews.com. “This makes the job for agents more dangerous. Not only are the aliens more defiant, they also begin to feel like they can get away with breaking our federal laws.”

The email is one more than 100 messages Dever said he received from active and retired Border Patrol agents and law enforcement officers from across the country. Many wrote of what they said was their own experience and first-hand knowledge of Border Patrol’s efforts to reduce apprehension numbers by making fewer arrests.

FoxNews.com first reported earlier this month that Dever said several Border Patrol officials, including at least one senior supervisor, told him they had been directed to keep the number of border apprehensions down by chasing illegal immigrants back toward Mexico. Homeland Security Secretary Janet Napolitano has recently cited a reduction in border apprehensions as evidence of an increasingly secure border.

Three days after FoxNews.com’s initial report, Border Patrol chief Michael Fisher sent a letter to Dever in which he denied the accusations and invited the sheriff on a ride-along with federal agents at border.

“That assertion is completely, 100 percent false,” Fisher wrote in the letter. “That it comes from a fellow law enforcement official makes it especially offensive.”

But accounts from law enforcement officials around the country continue to pour in supporting Dever and the conversations he says he had with Border Patrol officers, including at least one supervisor, about keeping arrest numbers down.

“This is nothing new, during my career with the border patrol, this was done regularly,” said another email to Dever reviewed by FoxNews.com. “By assigning agents to different tasks, locations, etc., the apprehensions can be increased or decreased dramatically,” wrote Dan McCaskill Jr., a retired Border Patrol agent who worked in the Anti-Smuggling Unit.

McCaskill went on to describe how, he said, apprehension numbers were regularly manipulated to achieve various budget, equipment or manpower goals.

In response to request for comment on the new allegations, Homeland Security offered the same statement from Jeffery Self, commander of the U.S. Customs and Border Protection Joint Field Command, that was provided to FoxNews.com earlier this month:

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Tags: Government, Immigration