The Biden-Harris administration is facing scrutiny by Republican lawmakers over the sufficiency of actions taken against illegal aliens who assault Border Patrol agents. 

Led by U.S. Rep. Andy Biggs (R-AZ), seven congressmen sent a letter to U.S. Attorney General Merrick Garland asking about what steps the administration takes to curb and prosecute assaults of federal agents.  

“Due to the border crisis created by this administration, U.S. Customs and Border Protection (CBP) agents are overwhelmed by illegal aliens crossing the southwest border, many of whom resort to physical violence to evade detainment,” the lawmakers wrote.

In FY23, CBP reported that 610 agents were assaulted, while in FY24, at least 413 agents were assaulted. Though these incidents primarily involve physical assault, CBP agents also endure a large percentage of assaults by other means, including through the use of projectiles, vehicles, and firearms.

A recent report described a Border Patrol agent who was bit in the face by an illegal alien when the agent was attempting to detain a group that had crossed the New Mexico-Mexico border. The report stated that the illegal alien who bit the agent was arrested and taken to the hospital, and the agent sustained non-life-threatening injuries.

The illegal alien that attacked the agent has been charged with assault of a federal agent.

Other U.S. Customs and Border Protection agents have said they experience assaults like the one above almost every night while on duty, including being rushed by large groups of illegal aliens, with many punching and kicking the agents.

Many of these agents have stated that the illegal aliens who assault them and others are not prosecuted or are only prosecuted for illegal entry. In one instance reported, an agent was pulled off his horse, which resulted in both him and the illegal alien getting injured. The illegal alien was only prosecuted for illegal entry and not the assault. 

The El Paso Sector has also seen a “significant rise” in assaults on agents. 

In August, CBP addressed the increased frequency of agents being violently attacked by illegal aliens crossing the border. According to CBP, since the beginning of Fiscal Year 2024, there have been 66 agents assaulted in the El Paso Sector. In FY23, there were 104 agents assaulted.

The letter asks that Garland answer questions regarding the number of illegal aliens referred to the Department of Justice for prosecution for assaulting agents, the number of illegal aliens who have been charged with violent acts, and the total number of illegal aliens who have been convicted of assaulting agents. 

Biggs, U.S. Reps. Wesley Hunt (R-TX), Eli Crave (R-AZ), Lauren Boebert (R-CO), Troy Nehls (R-TX), Nancy Mace (R-SC), and Andy Ogles (R-TN) signed the letter.

Kinney County Attorney Brent Smith, who’s been at the forefront of the crisis due to Kinney County’s location on the Texas-Mexico border, told Texas Scorecard that the DOJ’s failure to prosecute the illegal aliens who assault agents is “indefensible.”  

“It’s ironic that the very department sworn to seek justice for American citizens and uphold the rule of law is now jeopardizing our own safety by not prosecuting those breaking the law,” said Smith. “The DOJ’s indefensible actions are failing those Border Patrol agents and the American people. Sworn oaths don’t seem to mean much anymore to those in our federal government.”

Emily Medeiros

Emily graduated from the University of Oklahoma majoring in Journalism. She is excited to use her research and writing skills to report on important issues around Texas.

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