"Under scrutiny from the Mexican government ..."
As directed from Washington, DC, if Border Patrol agents should find themselves having rocks, bricks or automobiles "potentially" posing a risk to their lives — just run away and/or hide, as reported by both the Arizona Republic and the McClatchy News Service via the Star-Telegram of Fort Worth, TX, on March 7, 2014.
In a previously secret, but now obtained by the Arizona Republic, a memorandum from Border Patrol Chief Michael Fisher to all personnel within the Department of Homeland Security agency cites that since 2007, three agents have been killed while 6,000 have been injured in various types of assaults.
Of the 6,000 attacks, 1,713 have specifically been stones slung at the law enforcement officers, obviously with the intention of causing death or serious bodily harm to the agents.
Since 2010, Border Patrol agents have responded to deadly force attacks with their own legal use to deadly force to protect themselves.
Chief Fisher cited that of the almost two thousand attacks, agents have responded with deadly force 43 times with "regrettably" resulting in the deaths of 10 of the attackers.
The Obama Administration has been "under scrutiny from the Mexican government and U.S. civil rights groups over the killings" of the stone throwing assailants, as well as demanding a change to the procedure for the formal rules of engagement.
"Based on the totality of the circumstances ..."
Fisher has thusly ordered all field agents that if and when weapons in the form of stones, rocks, bricks or speeding automobiles are aimed at them, agents are expected to make the split second decision if:
- In accordance with CBP's [Customs Border Patrol] current Use of Force policy, agents shall not discharge their firearms at a moving vehicle unless the agent has a reasonable belief, based on the totality of the circumstances that deadly force is being used against an agent or another person present; such deadly force may include a moving vehicle aimed at agents or others present, but would not include a moving vehicle merely fleeing from agents. Further, agents should not place themselves in the path of a moving vehicle or use their body to block a vehicle's path.
- Agents should continue, whenever possible, to avoid placing themselves in positions where they have no alternative to using deadly force. Agents shall not discharge firearms in response to thrown or hurled projectiles unless the agent has a reasonable belief, based on the totality of the circumstances, to include the size and nature of the projectiles, that the subject of such force poses an imminent danger of death or serious injury. Agents should obtain a tactical advantage in these situations, such as seeking cover or distancing themselves from the immediate area of danger.