CREW sends letter to DHS OIG urging records preservation on lethal use of force
The Department of Homeland Security Office of Inspector General (DHS OIG) must instruct DHS, Immigration and Custom Enforcement and Customs and Border Patrol to preserve all evidence and records related to DHS personnel’s use of lethal force, including digital data and text messages, according to a letter CREW submitted to the DHS OIG today.
The shooting deaths of two American citizens, Renee Nicole Good and Alex Pretti, at the hands of DHS agents has garnered widespread national attention and scrutiny. Almost immediately after each incident, and before any meaningful investigations into them, DHS leadership made a series of statements regarding the shootings that were immediately contradicted by video evidence, including that Good and Pretti were committing acts of domestic terrorism.
Since then, investigations into DHS agents’ use of force have reportedly been hindered by DHS personnel. DHS’s own Office of Professional Responsibility has been unable to access evidence requested from Homeland Security Investigations, and local law enforcement has been blocked from conducting its own investigations. These facts raise doubts that DHS personnel are complying with federal law and DHS policies on evidence preservation and records retention related to use of force.
DHS policy mandates that “[u]ses of force shall be documented and investigated” and that each DHS component maintain “internal processes to collect and report accurate data” on the use of force. Federal law also imposes further obligations—the Federal Records Act and Freedom of Information Act require DHS personnel to maintain complete records of their activities, including records from “electronic messaging systems.” If DHS personnel destroy evidence, tamper with witnesses, or obstruct a federal investigation, they are subject to severe criminal penalties.
To preserve the integrity of the agency and permit a proper investigation into the killings of Good and Pretti, it is imperative that DHS fulfills its obligations under DHS policy and federal law to preserve evidence regarding lethal use of force.