Office of the Inspector General Department of Justice

USDOJ/OIG Special Report

Operation Gatekeeper: An Investigation Into
Allegations of Fraud and Misconduct (July, 1998)

TABLE OF CONTENTS

Executive Summary

 

BACKGROUND TO THE OFFICE OF THE INSPECTOR GENERAL INVESTIGATION

I. Operation Gatekeeper and the San Diego Sector

A. Organizational structure
B. How the Sector has operated historically
C. Prelude to Operation Gatekeeper
D. Operation Gatekeeper

II. The Fraud Allegations

A. Initial internal allegations
B. The National Border Patrol Council's allegations

III. The OIG Investigation

A. Procedures
B. The role of the Border Patrol Union in the OIG investigation

EVIDENCE AND FINDINGS REGARDING THE ALLEGATIONS OF FRAUD

I. Allegations of Falsification of Apprehension Data

A. The significance of apprehension data
B. The collection and reporting of apprehension data in the San Diego Sector
C. Allegations that apprehension figures have been altered
D. Allegations that apprehension records were destroyed
E. Allegations that aliens were not processed and therefore not counted in apprehension totals

1. Allegations that agents conducted local VRs
2. Allegations of improper processing at the stations

F. Allegations that reports of locations of alien apprehensions are being falsified

G. Allegation that aliens were being VR'd at eastern POEs to make it appear that illegal traffic had shifted east as a result of Operation Gatekeeper

H. Summary of the OIG's conclusions regarding the alleged falsification of apprehension statistics

II. Allegations of Artificial Limits on Apprehensions

A. The strategy of Operation Gatekeeper
B. Allegations that supervisors set limits on the number of aliens who could be apprehended in a day or on a particular shift

1. Allegations that supervisors told agents to reduce apprehensions
2. Allegations that supervisors set specific limits on apprehensions

C. Allegations regarding the misuse of fixed positions

1. Allegations that supervisors told agents to ignore aliens crossing through their fixed positions
2. Allegations that agents were disciplined for leaving their positions to apprehend aliens
3. Allegations that agents are intentionally assigned to low traffic areas

D. Allegations that agents were ordered to turn back aliens rather than apprehend them
E. Allegations that roving patrols were eliminated to keep apprehension figures low
F. Allegations that backup positions were eliminated to keep apprehension numbers low
G. Allegations that agents were prevented from responding to citizen calls in order to keep apprehension figures low
H. Summary of the OIG's findings regarding allegations of artificial limits on apprehensions

III. Allegations Regarding the Suppression of Negative Information in Sector Intelligence Reports

A. Sector Intelligence operations
B. Allegations that negative information was deleted from Sector Intelligence narrative reports

1. The memorandum regarding the effects of Gatekeeper on adjacent sectors
2. The memorandum responding to questions from INS Intelligence
3. The WRD report
4. Air Operations reports
5. The report of 1,300 gotaways at Campo
6. General claims that negative information was deleted from Sector Intelligence reports

C. Conclusions regarding the suppression of negative information in Sector Intelligence reports

IV. Allegations Regarding Nightscopes

A. Background on nightscopes
B. Allegations of altered scope reports

1. Imperial Beach
2. Chula Vista
3. Brown Field
4. El Cajon
5. Summary of allegations of falsified scope reports

C. Allegations regarding the positioning of scope units

1. Imperial Beach
2. Chula Vista
3. Brown Field
4. Summary of findings regarding scope placement

V. Allegations Regarding Sensors

A. Background on sensors
B. Allegations that sensors are not being used effectively

1. Allegations that sensors are inhibited to hide alien traffic

a. Imperial Beach
b. Chula Vista
c. Summary of findings regarding inhibited sensors

2. Allegations that sensors were inappropriately moved closer to the border

a. Imperial Beach
b. Chula Vista
c. Brown Field
d. Summary of the OIG's findings regarding sensor movement

3. Allegations that agents were not permitted to respond to sensor hits

a. Alleged orders to ignore sensor hits

i. Imperial Beach
ii. Chula Vista
iii.Brown Field

b. Sensor list with orders not to work particular sensors
c. Alleged automatic sensor response

i. El Cajon
ii. Brown Field

C. Summary of the OIG's findings regarding sensors

VI. Allegations Regarding Drag Roads

A. Background on drag roads
B. Allegations that drag road statistics are intentionally inaccurate
C. Allegation that figures on drag reports were altered by supervisors
D. Allegations that drag roads were abandoned when high numbers of gotaways were reported

VII. Allegations that the INS and the Border Patrol Overstated Gatekeeper's Success in Internal Documents and to the Public

A. Allegations that the Border Patrol's internal estimates of effectiveness overstated Gatekeeper's actual results

1. Efforts to measure effectiveness
2. Allegations that the stations intentionally inflated effectiveness rates
3. Conclusions regarding reports of effectiveness

B. Allegations that INS's public claims of success overstated Gatekeeper's actual results

1. Overview of the effort to publicize Gatekeeper
2. Review of Gatekeeper publicity
3. Conclusions regarding Gatekeeper's public claims of success

VIII. Allegations of Deception of a Congressional Delegation During its April 8, 1995, Visit to the San Diego Sector

A. Allegations that the delegation was deceived
B. The OIG investigation and evidence relating to the Congressional visit

1. Allegations that detention cells were cleared
2. Allegations that disabled vehicles were towed to the line
3. Allegations that additional personnel were on duty to create the appearance of increased agent coverage
4. Allegations that overweight or unattractive agents were removed from the areas the delegation was visiting
5. General evidence regarding the Congressional visit

C. Summary of the OIG's findings regarding the Congressional visit

SUMMARY OF THE OIG'S FINDINGS AND RECOMMENDATIONS REGARDING THE ALLEGATIONS OF FRAUD

CONCLUSION

APPENDIX:



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