UVALDE, Texas – In its report released Thursday, the U.S. Customs and Border Protection said its Border Patrol officers did not violate any rule, regulation or law in their response to the Robb Elementary School shooting.
The review by the Department of Homeland Security’s Office of Professional Responsibility is the third report this year that details the failures related to the Uvalde massacre. A shooter killed 19 students and two teachers at the school on May 24, 2022.
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Law enforcement took more than 77 minutes to confront the shooter, who barricaded himself in two adjoining classrooms. While a name has not been made public, it’s been reported that the gunman was killed by a group led by a Border Patrol tactical team.
According to a 2022 report from the Texas House of Representatives, 376 law enforcement personnel responded to the shooting at Robb Elementary. Thursday’s report states 149 of them were Border Patrol officers who responded to the school. CBP had the largest law enforcement presence in the school shooting’s immediate aftermath.
None of CBP’s personnel who responded to the school have faced any disciplinary action, the report said.
The agency said the investigation was completed by its Office of Professional Responsibility, which combed through thousands of hours of video and conducted more than 200 interviews.
The CBP’s OPR investigation outlined three issues its officers encountered at the school.
- Legal authorities: While working alongside other local and state law enforcement agencies at the school, the report said CBP officers were unsure of their legal authority during an active shooter situation. Under current statutes, the investigation also found that Border Patrol officers’ legal authority while initiating or assisting law enforcement during an active shooter situation could be no more authority than a private citizen’s authority in a similar situation.
- Command and control: Border Patrol officers did not receive any direction from other law enforcement agencies on the scene, the report said. The investigation contends the lack of a formal command and control center with no layout of the school or where to locate the necessary keys resulted in delays, a lack of action and may have contributed to more casualties. CBP officers were able to set up a medical triage to attend to victims, but they did not adhere to established mass-casualty health protocols due to the lack of a command and control center, the investigation found.
- Active shooter training: The investigation noted CBP’s existing training for active shooter responses was inadequate for the 2022 shooting at Robb. As of May 24, 2022, CBP training for active shooter situations only involved responses to federal property, not schools.
In the future, the OPR’s investigation recommends CBP establish policy changes so that its officers understand their legal authority while working with other law enforcement agencies during non-federal, mass-casualty incidents. The report also suggested that the agency provide the necessary training to properly respond to incidents similar to the shooting at Robb.
CBP said it has taken action on several fronts since the 2022 shooting, including notifying its personnel of its legal authorities during any critical response in any jurisdiction, pursuing legislative action addressing the agency’s authority in critical responses, updating its active shooter training as well as command center training.
“The active shooter incident at Robb Elementary School was a profound tragedy and deeply traumatic event,” CBP Senior Official Performing the Duties of the Commissioner Troy A. Miller said in a statement. “The loss of innocent lives and the enduring emotional scars borne by the survivors, families, community, and first responders are immeasurable. As our report indicates, we are committed to, and working with our federal, state, and local partners to ensure that our brave officers and agents have effective training, policy guidance, equipment, and legal authority to respond to critical incidents.”
