Landowners Experience Property Damage Potentially as a Result of Illegal Border Crossers and Corresponding Enforcement Activity; the Extent of Such Damage Is Unknown

		Landowners Reported Experiencing Private Property Damage on a Regular Basis in Certain Southwest Border Sectors

Landowners we spoke with reported that damage occurs to private  properties in south Texas on a regular basis, the majority of which affects  fencing as a result of individuals trying to illegally cross the border. Damage reported by landowners includes broken gates, destroyed crops,  and injured or lost livestock. Although the 33 landowners we spoke to stated that most damage they  experienced is caused by illegal border crossers, 21 of these landowners  have also experienced damage that may have resulted from Border  Patrol as well as state law enforcement activities or were aware of such  events occurring in their community. Few Landowners Sought Compensation from CBP in Fiscal Year 2013 for Private Property Damage through the Administrative Tort Claims Process

Landowners may file a SF 95 administrative tort claim seeking  compensation for private property damage allegedly caused by the  negligent or wrongful conduct of an employee of Border Patrol or any  CBP component, where such employee acted within the scope of his or  her official duties. In our review of all 821 SF 95s from fiscal year  2013, 16 were related to private property damage along the southwest  border, as we have defined this term for the purposes of this report. CBP Has Taken Action to Address Property Damage along the Southwest Border, but Border Community Liaison Agents Lack Training Specific to Their Responsibilities

		Ranch Etiquette and the Border Community Liaison Program Have Helped Foster Community Relationships

According to Border Patrol officials, Border Patrol agents generally  adhere to what is referred to as ranch etiquette when working with the  community and crossing onto private property. This entails treating  private property and its owners and operators with respect and dignity  while on patrol and conducting enforcement efforts. In an effort to enhance Border Patrol’s relationships with landowners and  the community as a whole, Border Patrol initiated the BCL Program in  April 2011 in all Border Patrol sectors. According to the  former and acting national BCL program managers, Border Patrol is  responsible for ensuring that its BCL agents receive training. Given the frequent turnover of  agents in the BCL role, providing these liaisons with training specific to  their responsibilities and tracking the receipt of such training could help  better ensure that BCL agents have the necessary skills to meet the  established goals of the BCL Program, including facilitating information  sharing between Border Patrol and the community on border security  issues. Recommendation for Executive Action

To help strengthen the knowledge and experience of agents serving as  BCLs, we recommend that the Chief of the Border Patrol ensure that  agents serving in the BCL role receive training and track the receipt of  such training. DHS agreed with  our recommendation. Appendix I: Objectives, Scope, and Methodology

This report addresses (1) the types of private property damage  landowners along the southwest border are experiencing, potentially as a  result of illegal border crossers and corresponding enforcement activities,  and what steps, if any, the U.S. Customs and Border Protection (CBP) or  other entities have taken to collect information on such damage and (2)  the extent to which CBP takes action to address private property damage  suspected to have been caused by illegal border crossers and related  enforcement activity. The information obtained during  these interviews is not generalizable to all landowners living along the  southwest border.
Why GAO Did This Study

Persons illegally crossing the United States' southwest border and corresponding law enforcement activity may, at times, result in private property damage. Such damage that persists over extended periods of time can result in expensive repairs for landowners. GAO was asked to identify the types of private property damage experienced along the southwest border, as well as the extent to which the federal government addresses such damage.
This report (1) describes the types of private property damage landowners along the southwest border are experiencing and the steps taken by CBP to collect information on such damage, and (2) examines the extent to which CBP addresses private property damage suspected to be caused by illegal border crossers and enforcement activities. GAO analyzed documentation, including administrative tort claims and memos implementing the Border Community Liaison Program; conducted a visit to south Texas; and interviewed Border Patrol officials, as well as landowners living along the southwest border, regarding private property damage that occurs and how, if at all, it is addressed.

What GAO Found

Landowners GAO spoke with reported that damage occurs to private properties along the southwest border on a regular basis. The most prevalent types of damage reported include broken fences and gates (see picture below), which can result in destroyed crops and injured livestock. According to 33 landowners GAO spoke with, the majority of damage is caused by illegal border crossers; however, 21 of these landowners said they had also experienced damage that may have resulted from Border Patrol as well as state law enforcement activities or were aware of such occurrences in their community. Landowners may file a Standard Form 95 (SF 95) administrative tort claim to seek compensation for private property damage allegedly caused by the negligent or wrongful conduct of an employee of any U.S. Customs and Border Protection (CBP) component, including Border Patrol while acting within the scope of their office or employment, but few landowners have filed such claims. Of the 821 SF 95s filed during fiscal year 2013, 16 were related to private property damage along the southwest border, with a total of $11,622 paid to 7 of the 16 claimants.
According to Border Patrol officials, agents generally adhere to ranch etiquette, which entails treating private property and its owners respectfully while conducting enforcement efforts. To further promote this concept, CBP established a Border Community Liaison (BCL) Program within Border Patrol in 2011, in which designated agents serve as the conduit between Border Patrol and the community. To enhance relationships with the community, liaisons work with landowners to address, when appropriate, damage allegedly caused by illegal border crossers or their pursuit by Border Patrol. The BCL Program has helped foster community relationships. However, new BCL agents have not received training specific to their role, such as those agents who assumed the BCL role in 2014. Moreover, a mechanism does not exist to track which or how many BCL agents have received training specific to their role. Given that CBP has stated that there is frequent turnover of agents in this position, providing BCL agents with training specific to their role and tracking the receipt of such training could help better ensure that BCL agents have the necessary skills to meet the goals of the BCL Program, including facilitating information sharing between Border Patrol and the community on border security issues.

What GAO Recommends

GAO recommends that Border Patrol ensure that agents serving in the BCL role receive training and track the receipt of such training. DHS concurred with this recommendation.