JudicialWatch recently published a government memo directing Border Patrol agents to release unlawful foreigners driving drunk, a policy that is a serious threat to the safety of law-abiding Americans. In response, Fox News interviewed Mary Ann Mendoza, the mother of a Mesa Arizona police officer who was killed by a drunk driving illegal alien last May.Officer Brian Mendoza (pictured) was on his way home from work when his car was hit head-on by a blotto drunk Mexican who had driven 35 miles the wrong way on the highway. The Mexican had been previously arrested for burglary and assaulting a policeman in Colorado, but was not deported.So Mary Ann Mendoza was angry at the preventable death of her 32-year-old son and wrote a letter to the President:
“President Obama,“I am writing this letter to you regarding illegal immigrants.“As a tax paying, law abiding citizen of the United States, I WANT my voice heard on this issue. My son, Sergeant Brandon Mendoza, an officer who was with the City of Mesa, Arizona police department, was killed in a tragic head on collision on May 12, 2014 by a wrong way driver on our freeways. This man happened to be an illegal immigrant, was in this country illegally, convicted of previous crimes, no Social Security number, no valid driver’s license BUT he had purchased a vehicle and registered it to drive in Maricopa County Arizona.“I had my son’s life STOLEN from me by a man who didn’t value his life, was 3X the legal limit drunk, was high on Meth, drove for over 35 miles THE WRONG WAY on 4 different freeways and had NO BUSINESS BEING IN THIS COUNTRY!!! [. . .]
Border Patrol Ordered to Release Drunk Drivers, “Allow Them to Go On Their Way”, Judicial Watch, February 13, 2015The 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 this week, the notice is titled “Enforcement Options With Alcohol-Impaired Drivers” and directs the 4,000-plus U.S. 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.”The directive offers another scenario—detaining the impaired individual at the request of state or local law enforcement officers (LEO). “There is no duty to detain the alcohol-impaired individual,” the memo says, “but if you do this option can raise potential liability for the agent and the agency.” The document goes on to say that Border Patrol policy is to cooperate with local and state law enforcement officers who alert of suspected violations under state law. That means the agent would be considered to have been acting within the course and scope of his employment while detaining a drunk driver at the request of local law enforcement officers under Arizona law, the document confirms.The last scenario offered in the recently issued decree has a Border Patrol agent detaining a drunk driver in Arizona without a request from a state or local law enforcement officer. “This option poses the greatest liability for both the agent and the agency,” according to the order. After revealing that private citizens in Arizona can make felony and misdemeanor arrests, it nevertheless prompts Border Patrol agents to stay away from drunk drivers. “Be advised, this option poses the greatest threat to an agent for a civil lawsuit,” the memo warns.This preposterous order has not been well received by agents, according to Judicial Watch’s sources inside the agency. The Border Patrol Tucson Sector covers 262 miles along the Mexican border and is one of the country’s busiest in both illegal immigrant apprehensions and marijuana seizures, according to the agency website. During fiscal year 2014 the Tucson Sector Border Patrol recorded 87,915 apprehensions that included members of notorious international gangs and felons convicted of serious crimes such homicide, rape and child molestation. Agents also seized 971,180 pounds of marijuana as well as large quantities of cocaine, heroin and methamphetamines.As a whole, the Border Patrol is the critical frontline Homeland Security agency charged with preventing terrorists and weapons—including those of mass destruction—from entering the United States. Its primary mission is to protect the nation by reducing the likelihood that dangerous people and capabilities slip into the country through our many ports of entry. It’s beyond belief that the Obama administration has asked the federal officers tasked with this important duty to turn the other way when they encounter a drunk driver.