In a rare move, the new head of the U.S. Border Patrol will come from outside the agency.
On Monday, the head of Border Patrol's parent agency, U.S. Customs and Border Protection, said that FBI veteran Mark Morgan would become Chief of the Border Patrol, in charge of more than 21,000 Border Patrol agents and personnel.
In a statement, R. Gil Kerlikowske, the Commissioner of CBP, announced his decision, praising Morgan's "strong law enforcement and leadership credentials" noting that among other duties, Morgan has had a more than 20-year career with the FBI, including a stint as the Special Agent in Charge of the El Paso division.
Kerlikowske said that Morgan's appointment comes at a "very significant time" for Border Patrol and CBP.
"The important role that CBP has in securing our border and protecting civil rights and civil liberties is evidenced every day in the actions of our personnel, " Kerlikowske said.
Morgan's leadership comes as the agency continues to struggle with accusations that its agents routinely violate civil rights, an issue that Morgan has already wrested with, after serving as an interim head of CBP's own internal affairs division.
In June 2014, Morgan took over internal affairs at CBP after the former head, James F. Tomscheck, was ousted over criticism that the agency was failing to properly investigate accusations of abuse and excessive use of force by failing to assign enough investigators.
Morgan was brought on to "focus on strengthening CBP's internal review capacity" and work "interagency partners on investigating allegations and complaints, specifically regarding use of force," said Jackie Wasiluk, a CBP spokeswoman in 2014.
Tomscheck sought federal whistleblower protection, and the following August told the Center for Investigative Reporting that several deadly force incidents by U.S Border Patrol agents were "highly suspect" and that officials consistently changed facts to make a case to justify shootings.
During a press conference in Sept. 2014, Morgan told reporters that no Border Patrol agents had been disciplined for deadly force incidents since 2004, but that the office was continuing to review 155 cases of misconduct and use-of-force.
One case, Morgan said, was being pursued by the office — likely the case against Lonnie Ray Swartz, who has been indicted for second-degree murder for shooting and killing 16-year-old Jose Antonio Elena Rodriguez in October 2012.
Morgan returned to the FBI in 2016 and led the agency's training division.
James Lyall, an attorney with the American Civil Liberties Union of Arizona, said that Morgan's leadership comes at a time when Border Patrol has a "major accountability problem" following years of "unchecked civil and human rights violations and the agency’s stubborn refusal to adopt basic, common sense reforms."
"Although it’s significant that Mr. Morgan brings independent oversight experience and comes from outside the Border Patrol’s notoriously insular culture, it remains to be seen whether his appointment will result in significant changes to an abusive and deeply dysfunctional agency," Lyall said.
The ACLU of Arizona and other advocacy groups have hammered the agency over a number of practices, including the treatment of detainees at Border Patrol stations, the retention of personnel effects, the treatment of motorists at border checkpoints, and use-of-force complaints.
Less than a year ago, a federal oversight panel charged with reviewing how CBP handles deadly-force cases recommended that the agency more than double the number of investigators to review abuses and corruption.
The Homeland Security Advisory Council made a series of recommendations, including increasing the number of investigators at CBP's Office of Internal Affairs from 218 to at least 550. The office would also be given the lead role in reviewing cases of misconduct, corruption, and excessive force by Border Patrol agents and CBP officers.
The recommendations echo those made in 2014 by the Police Executive Research Forum, which said that the agency lacked diligence with regard to the investigation of use of force incidents, pursuing a "no-harm, no foul" approach that lead to "tacit approval of bad practices."
The report by PERF questioned the agency's seriousness with regard to deadly force incidents, writing, "it is not clear that CBP consistently and thoroughly reviews all use of deadly force incidents."
FBI Director James Comey said that Morgan will be missed at the FBI because his "outstanding investigative work and leadership have been an incredible asset to the FBI."
"He will bring the same passion for justice and public service that he demonstrated over more than 20 years of service in the FBI to his new role as Chief of the Border Patrol," Comey said.
Members of the Border Patrol's union, the National Border Patrol Council, said they were disappointed with Kerlikowske's decision. Kerlikowske they said, "chose to break with 92 years of tradition and pass over over several highly-qualified candidates from within the Border Patrol."
The union said that Border Patrol has a "a unique mission that is reflected in its culture," and "it will be difficult for an outsider to quickly gain the trust and respect of his subordinates."
"We would ask Chief Morgan to remember that the men and women working on the border everyday are the real experts in border security, and that it would behoove him to hear and act upon their concerns and suggestions," NBPC said.
The NBPC also said that it hoped that the new chief would "be a strong advocate" for agents, but warned that "should that situation fail to materialize" the union leadership "will not pause in its mission to bring the truth about the border to light or as the voice of 16,500 Border Patrol agents."
The council thanked the Deputy Chief Ron Vitiello, who served as interim head of the agency after Michael Fisher retired from the agency in October 2015.
