Congress Members Demand Answers About Slurs, Bigotry From Border Patrol Agents

Reps. Robert Garcia (D-Calif.) and Dan Goldman (D-N.Y.) are demanding an update on the Department of Homeland Security’s efforts to quash racism and bigotry within its ranks after HuffPost reporting revealed widespread use of anti-immigrant slurs among Border Patrol agents.

A series of communications disclosed to HuffPost under the Freedom of Information Act earlier this year showed Border Patrol agents, including several in supervisory roles, routinely using the derogatory slur “tonk.” The term has an uncertain origin, but Border Patrol agents who use it widely believe that it comes from the sound of bashing a migrant in the head with a heavy-duty flashlight. The records also showed Border Patrol agents joking about killing migrant children by donating faulty car seats to a charity drive or spiking Rice Krispy Treats with cyanide.

Rep. Robert Garcia (D-CA) speaks during a news conference on Capitol Hill July 17, 2023 in Washington.
Rep. Robert Garcia (D-CA) speaks during a news conference on Capitol Hill July 17, 2023 in Washington. Drew Angerer via Getty Images

HuffPost’s reporting “raises concerning questions and highlights a continuing pattern of unacceptable and derogatory rhetoric,” the members of Congress wrote in a letter sent Friday to DHS Secretary Alejandro Mayorkas and acting CBP Commissioner Troy Miller.

“I’m an immigrant myself and from an immigrant family, so obviously I was just really heartbroken and angered that this kind of language is being used,” Garcia said in an interview with HuffPost. “Obviously migrant children and families are not a joke. They’re suffering. They’re oftentimes running away from extreme and tragic conditions. So it’s really important that there’s oversight.” 

The letter requests a detailed accounting of Homeland Security’s disciplinary actions since November of last year. 

It asks how many employees of Customs and Border Protection, Border Patrol’s parent agency, have appeared before the Discipline Review Board since then and how many were disciplined. The letter also asks DHS to disclose how many public complaints to its Office for Civil Rights and Civil Liberties’ Compliance Branch resulted in investigations and disciplinary action. 

And the congressmen’s letter also asks Mayorkas and Miller to disclose whether the department had taken steps to investigate or discipline CBP employees whose “derogatory rhetoric and potential misconduct” were highlighted in HuffPost’s reporting. 

“Folks that are demeaning or slandering migrants, the people they’re sworn to protect and serve, should not be in that line of business,” Garcia said. “What I think is most important is that we have a thorough review of the disciplinary process for the CBP agents and that it’s extensive and we get answers for what happened.”

Garcia and Goldman, both of whom sit on the Homeland Security Committee, have been pressing DHS to be more transparent about how it maintains internal discipline. 

They joined a group of 65members of Congress last year calling for Mayorkas to explain how it planned to address the infiltration of domestic terrorists within the agency, after a report from the Project on Government Oversightrevealed that more than 300 current and former DHS employees had belonged to the Oath Keepers, an anti-government extremist group. The group’s founder, Elmer Stewart Rhodes III, was convicted of seditious conspiracy for his role in the Jan. 6 attacks on the Capitol and sentenced last year to a prison term of 18 years.

Rep. Dan Goldman, D-N.Y., is seen outside the U.S. Capitol after last votes of the week on Thursday, December 7, 2023.
Rep. Dan Goldman, D-N.Y., is seen outside the U.S. Capitol after last votes of the week on Thursday, December 7, 2023. Tom Williams via Getty Images

A working group fielded by Mayorkas acknowledged “significant gaps” in its ability to detect extremist activity, including the lack of an official definition for “domestic violent extremist,” or specialized training to recognize behaviors that might indicate violent extremism.

Garcia said he felt confident that law enforcement officers at Homeland Security were generally well-qualified people who want to serve others and keep the country safe. 

“But we also have folks that are doing these horrific actions along the border that are saying and doing horrific things — and they need to be held accountable,” Garcia said. 

“This is just another instance where Homeland Security Democrats, and especially those of us who are progressives, can push and really have an impact,” Garcia said. “When you have an agency like CBP that’s so large, you have to keep pushing to get answers.”