“No Rules Broken” Claims CBP Despite Uvalde Shooting Failures And Delayed Response

A federal report released Thursday found that U.S. Border Patrol agents responding to the 2022 Uvalde school shooting were hindered by insufficient training and a failure to establish command, contributing to a 77-minute delay. However, the report concluded the agents did not break any rules, and no disciplinary action was recommended.

On May 24, 2022, as an 18-year-old gunman armed with an AR-15-style rifle barricaded himself inside a classroom at Robb Elementary, killing 19 children and two teachers, only one of the 188 CBP officers on the scene had a halligan tool—a device capable of forcibly opening the locked door.

The 203-page report revealed that CBP personnel faced significant obstacles upon arrival, including the inability to access keys or a school map, which delayed their ability to reach critical areas of the building – the children were in the classroom with the gunman for over 70 minutes. 

Jesse Rizo, whose niece Jacklyn Cazares was one of the students killed, has described the mishandling of the tragedy in one word: “Ineptitude.”

When asked by AP his thoughts on the report, he answered: “We’ve expected certain outcomes after these investigations, and it’s been letdown after letdown,”

The report, released after a two-year internal investigation by CBP’s Office of Professional Responsibility, highlighted several issues with the response, including the failure to provide immediate medical attention to some gunshot victims, who were instead placed on a school bus.

The investigation pointed out the absence of a clear incident commander, which led to confusion and delayed action.

“No law enforcement official ever clearly established command at the school during the incident, leading to delays, inaction, and potentially further loss of life,” the report read. This led officers to respond on an “ad-hoc” basis rather than through a coordinated effort.

While CBP concluded that no laws or internal policies were violated, the report recommended improvements in training, policy, and equipment. The investigation involved dozens of special agents who reviewed thousands of hours of video and conducted over 200 interviews.

This report follows similar findings by the Justice Department, which cited widespread failures in leadership and decision-making during the Uvalde shooting. 

Texas Representative Joe Moody (D-El Paso), who served as Vice Chair of the House Investigative Committee that also examined the tragedy, called it a “systemic failure,” emphasizing that it wasn’t just one mistake. “There were multiple red flags that were not identified,” he said.

After the DOJ report was released in January, Moody urged lawmakers to seriously consider passing gun legislation to prevent similar tragedies in the future.

During the last legislative session in 2023, Uvalde families and gun policy advocates pushed hard for a bill to raise the minimum age for purchasing assault rifles from 18 to 21. Despite the emotional pleas, the bill ultimately failed. When asked why passing gun reform in Texas is so difficult, Moody admitted, “I don’t know.”

“You can be pro-Second Amendment and still legislate in this space, the Supreme Court has said so,” he added, pointing out that even some conservatives agree that certain people shouldn’t have access to firearms. “Okay, well tell me who? Let’s put restrictions in law,” Moody challenged, urging his colleagues to act.

For more information on gun violence in Texas, visit the RA News Gun Violence Watch page.