What DHS or DOJ public reports exist on ICE/CBP use-of-force during 2009–2017 and where to access them?
Executive summary
A limited set of public, official documents address DHS-component use-of-force policy and reviews covering roughly 2009–2017: CBP’s public use-of-force policy and handbooks, Department of Homeland Security (DHS)‑level use‑of‑force guidance, and Government Accountability Office (GAO) reviews that examined DHS agencies’ policies and data practices; many agency‑level policies (ICE, FPS, Secret Service) were not public during that period, according to GAO [1] [2]. Journalistic and legal summaries collected by outlets such as Just Security compile those documents into timelines and links [3].
1. DHS Department‑level policy and guidance
The DHS issued a Department Policy on the Use of Force that sets department‑wide principles for when DHS law enforcement personnel may use force, including deadly force and maritime enforcement authorities; that department policy is publicly posted on DHS servers [4]. GAO reviewed DHS and component documents to identify agency policies and noted DHS’s role in aligning component rules with DOJ guidance and in considering vehicle and disabling‑fire provisions [1] [2].
2. CBP’s public use‑of‑force policy and related materials
Customs and Border Protection (CBP) maintained a publicly available use‑of‑force policy, associated administrative guidelines and a procedures handbook that GAO identified as among the few component‑level policies available to the public [1] [2]. Independent reviews commissioned by CBP and inspector general reports relevant to CBP use‑of‑force incidents were collected in public compilations and media reporting; legal and advocacy outlets (for example, Just Security) have assembled reverse‑chronological lists of those CBP documents and where to access them [3].
3. ICE policy visibility and the evidentiary gap (2009–2017)
GAO explicitly found that agency‑level use‑of‑force policies from ICE (and from FPS and the Secret Service) were not available to the public, creating an evidentiary gap for outside reviewers for the 2009–2017 period [1] [2]. Policy handbooks and directives have existed within ICE (for example, later published firearms and use‑of‑force handbooks), but GAO’s assessment makes clear that during the reviewed period component policies other than CBP were not routinely posted for public access (p1_s9; [7] for internal ICE materials published later).
4. Oversight reports and audits that touch use‑of‑force
Beyond component handbooks, GAO produced a report urging DHS to strengthen its collection of use‑of‑force data and to better align component policies with DOJ guidance on deadly force and vehicular tactics; that GAO work identifies where public transparency was weak and recommends improved data collection [1] [2]. Inspector General reports and U.S. Attorney Office decisions were referenced in GAO and in public reporting about CBP incidents, and those IG reports and case outcomes are accessible via DHS/OIG or Justice Department pages when released [1] [2].
5. Legal and regulatory authorities that govern force
Federal regulations and statutes set baseline authorities and designations for when immigration officers may be authorized to use non‑deadly and deadly force or initiate vehicular pursuits; these standards appear in the Code of Federal Regulations and are public law (8 C.F.R. §287.8) [5]. Journalistic summaries and expert interviews (for example, PBS) explain that DHS guidance is meant to conform with the DOJ standard that deadly force is permissible only when officers reasonably believe it necessary to prevent imminent death or serious bodily harm [6].
6. Where to find these documents and the limits of public reporting
Practical access points: DHS publications pages host department policy documents (DHS website) and some IG reports [4]; CBP posts its policy and handbooks on its site and has been the most transparent component historically [1] [2]; GAO reports on DHS use‑of‑force and data collection are publicly available on GAO’s website [1] [2]; compilations and timelines with links are usefully gathered in public legal and policy outlets such as Just Security [3]. However, GAO’s review documents the core limitation for 2009–2017: several component policies (notably ICE’s) were not publicly posted, meaning researchers must rely on internal directives released later, inspector general investigations, DOJ charging decisions, and secondary reporting to reconstruct how use‑of‑force was governed and overseen in that interval [1] [2] [7].