Border Patrol Agent Killed - Traffic Stop

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biku324 said:
The first Border Patrol agent to be murdered in over 10 years was killed near the border in Vermont, apparently by a German national with a valid visa...

Sad day. Newsweek - News, Analysis, Politics, Business, Technology
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Sad indeed...
Your link doesn't go to the story.
I've read that he was here illegally.

The agent who died was shot in the neck by the immigrant who was illegally in the country because of a "visa overstay," a law enforcement source told Bradley.
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CBS17 - US border patrol agent shot dead by illegal immigrant, who was then killed in Vermont, officials say
 
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Germany is a Visa Waiver country… if subject had a visa, he either A) wanted to stay in the US longer than the 90 days allowed by the Visa Waiver Program, B) was doing something other than temporary business or pleasure or C) didn't meet the requirements of ESTA, which could be an minor issue all the way to having ties to terrorism (there is a lot in between).

That's all figuring the reporter knows the difference between a visa and duration of admission.

That being said, I haven't been in work since it happened (flu). I'm on the opposite side of ME, but our port does monitor the east most VT port. BP and OFO usually busts each other's balls (I had two cousins in BP prior to getting hired), but stuff like this shouldn't happen.

Canada has been making locations for asylum seekers can arrive, due to the change in administration. The one in NB is unfortunately right across from where I work. Hopefully there won't be too many issues, but we also have Safe Third Country Agreement with Canada…
 
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It's very sad.

Apparently the illegal crossings and other criminal activity on the northern border has seen a dramatic rise over the last few years.

It will be very interesting to see how much information is released as the investigation proceeds.
 
Screwball said:
That's all figuring the reporter knows the difference between a visa and duration of admission.
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The FBI release mentions valid visa.

"Federal law enforcement officials said Tuesday that a German national who was in the U.S. on a current visa also died from the shootout and that a third individual was injured and is being treated at a hospital." (Link on post 7)
 
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GaryS said:
It's very sad.

Apparently the illegal crossings and other criminal activity on the northern border has seen a dramatic rise over the last few years.

It will be very interesting to see how much information is released as the investigation proceeds.
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Yes, the flood gates were open. The Southwest boarder gets all the coverage, but the problem is not limited to there.

Swanton, northern border illegal immigrant encounters set new record high - Vermont Daily Chronicle
 
biku324 said:
The FBI release mentions valid visa.
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Then I'll switch reporter with FBI… while I have dealt with the FBI prior, just because they are Federal L/E, doesn't mean they know all Federal law.

Immigration law isn't exactly the easiest thing for people to understand. For every person I refuse entry to, it's at least 20 minutes to explain why and then show them how their "what if's" don't change much. "I got a pardon in Canada for that weed charge!" Still inadmissible 2A2, as the US does not recognize foreign pardons and US pardons only can be issued for US crimes. "I had one charge of theft and a separate charge of fraud… neither was a huge deal, so you can let me in!" Both are CIMTs and if it was only 1 that didn't have a max sentence over a year… you would qualify for the petty offense exemption… but you don't.

Also, a German can have a valid visa (B1/B2 visas are usually good for 10 years), yet not have valid status in the US. Overstay, EWI, etc…

Best way to explain, visas are what allow a foreign national to get to our front door. The admission document… an I-94 or I-94W (latter is for Visa Waiver)… allows someone to be in the US for X time. A person's visa only has to be valid at the time of admission. If it (let's say B2 visa, for example) expires tomorrow, that person can generally be admitted for 6 months.
 
Bald1 said:
I wonder what the original traffic stop was for? I assume BP is not enforcing traffic laws.
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BP has jurisdiction within 100 miles of the border (actual land border or water).

Whether it was a checkpoint or a legit stop, probably will come out in the investigation.
 
Bald1 said:
I wonder what the original traffic stop was for? I assume BP is not enforcing traffic laws.
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This is what's being reported locally:

Here's what we do know: Investigators had been watching the people involved and they have been described as being in higher-level crime. Federal investigators also knew they had guns. That's the German national who was shot and killed, and a woman, who we're told is an American, who was wounded during the traffic stop Monday afternoon and is in federal custody.
 
Bald1 said:
I wonder what the original traffic stop was for? I assume BP is not enforcing traffic laws.
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*
As far as I know, feds in general do not enforce state law, which would include traffic (sometimes there inter-agency agreements depending on a lot of factors that are boring; I have reviewed a few). My best guess here is that there was an imprecise description of what was done - it was a vehicle stop done for Terry purposes, NOT a traffic stop. (As noted, most feds are niche agencies with their own enforcement knowledge, and immigration stuff is complicated.)
Depending on what was known/suspected about the occupants of the stopped vehicle, the stop should have required more LE and been done as a high risk (sometimes imprecisely called a "felony stop") stop. It is hard to believe how long it was ago, but my old agency had a similar event involving patrol making a stop for a task force. Hard lessons were learned.
 
Coming from Montreal heading home to the Lower Hudson Valley I've gone through US Border Patrol/Customs check points on I 87 S around 70-80 miles into upstate NY. Usually set up with NY State Police. They didn't break chops, basically just waved me through.

Prayers for the fallen agent
 
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Doug M. said:
Depending on what was known/suspected about the occupants of the stopped vehicle, the stop should have required more LE and been done as a high risk (sometimes imprecisely called a "felony stop") stop. It is hard to believe how long it was ago, but my old agency had a similar event involving patrol making a stop for a task force. Hard lessons were learned.
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NMSP Officer Darian Jarrott paid with his life to learn those hard lessons.

"According to reporting from the Albuquerque Journal, (NMSP Sgt.) Madrid oversaw some of the operations and told Bregman that NMSP was not at fault for Jarrott's death. Madrid said that he thought Homeland Security Investigations — a federal organization under the U.S. Immigration, Customs and Enforcement agency that was involved in the investigation into (themurderer) Cueva — was "confused on what they were doing."

Madrid also said that HSI did not provide him with enough information about Cueva, specifically the alleged comment about Cueva not wanting to go back to jail.

"I will not work with (HSI)," Madrid said. "They do not put the information out, I believe, properly for officer safety purposes." Your browser is not supported | lcsun-news.com
 
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^^
FML. There is a reason that I regularly note that most feds are not "cops"; criminal investigators who do more detailed work generally are not up to snuff on patrol procedures. Not a critique, usually, just a fact. I do have friends who have been cross-appointed and cross trained, but my understanding is that this is not the norm.

And I have heard similar about other events with feds. In this case, it seems like the encounter went too long at too low a level. 15 minutes is forever, and one could suspect that the occupants should have been separated from the car, and arguably handcuffed. When there is reason to suspect that one is dealing with malefactors, there are 2 basic paths: Act like they are bad guys, or stop interacting with them if you don't think you have an adequate basis for assertive tactics.
 
Doug M. said:
^^
FML. There is a reason that I regularly note that most feds are not "cops"; criminal investigators who do more detailed work generally are not up to snuff on patrol procedures. Not a critique, usually, just a fact. I do have friends who have been cross-appointed and cross trained, but my understanding is that this is not the norm.

And I have heard similar about other events with feds. In this case, it seems like the encounter went too long at too low a level. 15 minutes is forever, and one could suspect that the occupants should have been separated from the car, and arguably handcuffed. When there is reason to suspect that one is dealing with malefactors, there are 2 basic paths: Act like they are bad guys, or stop interacting with them if you don't think you have an adequate basis for assertive tactics.
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I can speak more for OFO than BP… but yes. I've had people sit in the lane while the officer tries to figure out the why to send them inside. Establish something is off… send inside and we will deal with it. More time sitting, the better prepared they get.

BP in my neck of the woods is lax, but not 15 minutes lax.

That being said, I did a little digging with that last link (post 20) that said to name the persons… let's just say, keep an eye out for a correction.
 
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So much for the theory the German did not have or need a visa. He certainly doesn't need one now.

Crazies and international borders go together like stink and, er, skunks. Maybe these pukes just spent too much time watching Breaking Bad reruns; I am comforted to know the Agent was part of a larger BP group that stopped the murderers.
 
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