By the American Civil Liberties Associations of New Mexico and Texas

Vehicle pursuits make for exciting movie scenes and capture the interest of reality TV viewers, but police chases are dangerous and often deadly.1 Law enforcement agencies across the country are increasingly restricting when such pursuits may be undertaken. Many have issued policies authorizing chases only when the public faces immediate danger. 2 The United States Border Patrol, the largest law enforcement agency in the country, has taken no such steps. In fact, the agency is increasingly engaged in high-speed chases throughout the Southwest border region, with deadly results. The number of fatalities resulting from Border Patrol vehicle pursuits has skyrocketed in recent years, from just 2 deaths in 2019 to 22 in 2021. Despite this trend, Border Patrol does not provide statistics on the number of car chases conducted by its agents unless the agency itself deems it a “use of force” incident, such as when a Border Patrol unit intentionally collides with a vehicle to cause it to crash or agents deploy spike strips to stop a vehicle.3 Senator Dianne Feinstein demanded in 2019 that Customs and Border Protection (CBP) reevaluate its vehicle pursuit policy, stating: “CBP’s pursuit policy does not follow the Justice Department guidelines for vehicle pursuits, but instead offers insufficient protection against possible injuries and fatalities, either to bystander members of the public or occupants of a pursued vehicle. This has led to catastrophic and unwarranted results.   

Albuquerque, NM: ACLU, 2022. 13p.