VZCZCXRO1849
RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #0463/01 0502157
ZNR UUUUU ZZH
R 192157Z FEB 08
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 0545
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RHMFIUU/CDR USSOUTHCOM MIAMI FL
RHMFIUU/CDR USNORTHCOM
RUEAHLA/DEPT OF HOMELAND SECURITY
RHEHNSC/NSC WASHDC
RUEABND/DEA HQS WASHINGTON DC

UNCLAS SECTION 01 OF 04 MEXICO 000463 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA/MEX, INR, INL 
 
E.O. 12958: N/A 
TAGS: PGOV PREL SNAR KCRM ECON MASS MX
SUBJECT: SAN DIEGO/TIJUANA: INCREASED BORDER VIOLENCE AND 
TEAR GAS 
 
Summary 
------- 
 
¶1. (SBU) On February 5, CBP and Poloff met with SRE to 
discuss the issue of increased violence along the border. 
CBP specifically noted that border violence problems have 
increased/worsened in the Tijuana/San Diego area in the past 
6 months. CBP informed SRE of the extent of collaboration 
there has been with CISEN and SSP to mitigate the increasing 
levels of violence.  In addressing SRE's concerns about the 
use of tear gas by CBP agents, CBP explained that the 
decision to use tear gas canisters into Mexico was not taken 
lightly and their use is employed to avoid using deadly force 
options in the protection of our agents and immigrants. SRE 
officials felt that they were not being informed of these 
incidents before the media reported them and expressed their 
desire that Mexican consuls be notified ASAP.  CBP assured 
GOM officials that the consuls are part of the Protocol 
notification process, but agreed to review current 
notification procedures to ensure that the consuls are 
notified of significant incidents as promptly as feasible. 
SRE agreed that violence along the border originating on the 
Mexican side was unacceptable and must be stopped by Mexican 
Law Enforcement. CBP noted the collaborative effort with SSP 
which has been very effective so far.  SRE is going to pulse 
their consuls along the border to gauge whether or not they 
are being notified of these incidents.  They are hoping to 
not only identify challenges, but best practices as well. 
 
 
Increased Violence Against U.S. Border Patrol Agents... 
--------------------------------------------- --- 
 
¶2. (U) During fiscal year (FY) 2007 there were a total of 987 
incidents of violence perpetrated against U.S. Customs and 
Border Protection (CBP) Agents, representing an increase of 
235 incidents over the FY 2006 total of 752.  From October 1, 
2007 to November 30, 2007, there were 210 reported incidents 
of violence nationwide, representing an increase of 49% from 
the 141 assaults reported for the same time period in FY 2007 
and a 57% increase over the 134 assaults reported during the 
same time frame in 2006. 
 
 
...Mostly In the Tijuana/San Diego Area 
---------------------------------------- 
 
¶3. (U) The San Diego Border Patrol Sector has experienced the 
most violence against CBP agents along the Southwest border 
since the collection and tracking of these assaults began in 
FY 2006.  Assaults in the San Diego Sector totaled 200 and 
254 in FY 2006 and FY 2007 respectively.  Compared to FY 2006 
and FY 2007, the San Diego Sector has seen a dramatic 
increase in assaults during the first two months of FY 2008. 
As of November 30, 2007, there has been a 500% increase over 
this same time period in FY 2007 (90 vs. 15) and a 53% 
increase over FY 2006 (90 vs. 59). 
 
 
CBP's Use of Non-Lethal Munitions 
--------------------------------- 
 
¶4. (U) In an attempt to eradicate the assaults on CBP agents 
and migrants in the area, CBP's San Diego Sector has deployed 
their Special Response Teams to the area and less than lethal 
munitions (i.e. tear gas grenades, pepper ball spray).  They 
have also retrofitted five CBP service vehicles with 
rock-proactive caging.  Less than lethal munitions allow CBP 
agents to protect themselves and those around them from 
projectile attacks, which have been a frequent occurrence in 
the Colonia Libertad area.  The objective of employing these 
tools is to stop rock-throwers without having to resort to 
deadly force.  CBP has only used these defense mechanisms as 
a last resort, when repeated calls to Tijuana's Police 
Department have gone unanswered. 
 
 
GOM and Media Reaction 
 
MEXICO 00000463  002 OF 004 
 
 
---------------------- 
 
¶5. (U) One particular incident in which CBP employed tear gas 
as protection against rock-throwers occurred on January 12 in 
the Colonia Libertad neighborhood of Tijuana.  The incident 
prompted negative reaction from Mexican media, the GOM, and 
Mexican Congress.  According to Foreign Relations Secretariat 
(SRE) Diplomatic Note No. SSAN-0026 (January 15) referencing 
the incident, a 15 year-old minor was struck by a tear gas 
grenade and was hospitalized. (NOTE: Local Mexican 
authorities confirm that the 15-year-old in question is a 
repeat offender juvenile delinquent who has been observed on 
several occasions throwing rocks and other objects at CBP 
agents.  The San Diego Mexican Consulate was informed January 
16 that CBP has documentation and video of the juvenile's 
actions.)  The diplomatic note goes on and outlines the GOM's 
concerns regarding CBP's use of these non-lethal munitions. 
They note the increased use of these munitions has affected 
the daily lives of Tijuana residents and on occasion has 
caused damage and injury and considers their use 
"unacceptable" and a violation of Mexico's national 
sovereignty.  SRE also calls for an investigation into the 
January 12 incident and punishment for those responsible. 
 
¶6. (U) Using similar language, the Permanent Commission of 
the Mexican Congress passed a unique resolution on January 23 
condemning the use of tear gas (or any kind of weapon) by 
U.S. border authorities against Mexican citizens, "especially 
on the south side of the border."  The resolution encourages 
SRE and the Office of the Attorney General (PGR) to solicit 
an investigation from U.S. authorities into the tear gas 
incident and "punish those responsible." (Note: the 
resolution cites January 11 as the date of the incident. End 
Note.)  The resolution also considers that such incidents "do 
not benefit the diplomatic and friendly relations between 
Mexico and the U.S." 
 
 
CBP Meets with SRE on Issue of Increased Border Violence 
--------------------------------------------- --------- 
 
¶7. (U) On February 5, CBP and Poloff met with SRE's Chief of 
Staff for the Undersecretary for North America Enrique Rojo 
and the North America division's Advisor for Special Issues 
David Renato Najera Rivas to discuss the issue of increased 
violence along the border and address SRE's diplomatic note. 
Representatives from the Public Security Secretariat (SSP) 
were also present.  CBP shared the statistics outlined above 
with SRE and SSP, specifically noting that border violence 
problems have increased/worsened in the Tijuana/San Diego 
area in the past 6 months. They noted that the Colonia 
Libertad neighborhood was particularly violent with 
delinquents continuously attacking CBP agents and migrants 
with projectiles, to include Molotov cocktails. 
 
¶8. (SBU) Rojo asked if CBP had documentation of Molotov 
cocktails being launched into the U.S. from Mexico, to which 
CBP replied that such evidence was captured on video. SRE 
agreed that violence along the border originating on the 
Mexican side was unacceptable and should be stopped by 
Mexican law enforcement.  They expressed serious concerns 
about the use of tear gas canisters into Mexico, noting that 
the public's opinion/perception is that CBP is unilaterally 
attempting to enforce issues stemming on Mexican soil.  Rojo 
also said that the Mexican Congress views such actions as an 
attack on Mexico's sovereignty because it affects Mexican 
citizens in their homes and neighborhoods. 
 
¶9. (SBU) In addressing SRE's concerns about the use of tear 
gas by CBP agents, CBP explained that the decision to use 
Tear gas grenades into Mexico was not taken lightly and their 
use is employed to avoid using deadly force options in the 
protection of our agents and immigrants. In the majority of 
incidents over the past six months, Mexican law enforcement 
has responded within 30 minutes.  However, there were 
incidents in which no Mexican law enforcement element 
responded, which led to the deployment of less than lethal 
munitions (i.e. tear gas canisters) to avoid using deadly 
force options and to protect the welfare and safety of the 
 
MEXICO 00000463  003 OF 004 
 
 
CBP agents and immigrants that were being attacked. 
¶10. (SBU) CBP also informed GOM officials that concertina 
wire had been installed along some sections of the San Diego 
border as a deterrent to rock/projectile throwers who often 
times work in conjunction with other criminal elements (i.e. 
people smugglers, drug traffickers), as well as to dissuade 
potential immigrants who are often injured in the process of 
"jumping the fence."  CBP also explained their extent of 
collaboration with CISEN and SSP to mitigate the increasing 
levels of violence, which has been very effective so far. 
 
¶11. (SBU) SRE inquired about the role of Mexican consuls 
along the affected areas of the border; they felt that they 
were not being informed of these incidents before the media 
reported them and expressed their desire that their consuls 
be notified ASAP.  CBP assured SRE that the consuls are part 
of the Protocol notification process, but agreed to review 
current notification procedures to ensure that the consuls 
are notified of significant incidents as promptly as 
feasible. CBP explained that both U.S. and Mexican consular 
notification is a high priority in CBP's notification process 
for such incidents.  SRE said they would pulse their consuls 
along the border to gauge whether or not they are being 
notified of these incidents in a timely fashion. 
 
¶12. (SBU) SRE also expressed a desire that the U.S. 
Department of State be involved in facilitating this 
notification process and suggested a meeting of border 
counsels along with CBP and Mexican law enforcement agencies 
to not only identify challenges, but best practices as well. 
 
 
Consulate in Tijuana Reports An Improvement 
----------------------------------------- 
 
¶13. (SBU) The U.S. Consulate in Tijuana is already reporting 
an improvement in the Colonia Libertad area.  At a January 16 
meeting organized by the San Diego Mexican Consulate, the 
Tijuana municipal police director made a commitment to 
increase patrols in the Colonia Libertad neighborhood where 
delinquents have been continuously attacking CBP agents and 
migrants with projectiles.  Since the patrols began, CBP has 
reported fewer incidents against agents from that 
neighborhood. Nevertheless, despite the possible improvement, 
local media continue to criticize CBP policy of using tear 
gas and tensions over the issue have not completely subsided. 
 
 
 
Comment 
------- 
 
¶14. (SBU) CBP and Poloff believe that SRE would like to play 
a larger role in addressing the border violence (BV) issues, 
and perhaps change the venue for discussing such issues to 
the Border Liaison Mechanism (BLM) (NOTE: the January 16 
meeting was, in fact, a BLM-BSPS meeting), which addresses a 
variety of border issues including water and wait times at 
the border.  CBP feels that BV issues are best addressed 
through the Border Security and Public Safety (BSPS) working 
groups, led by both CBP and CISEN.  (Note:  The BSPS working 
group was created to focus on the implementation of the Plan 
of Action to Combat Border Violence signed March 3, 2006. 
The purpose of this working group was to increase bilateral 
coordination and cooperation along our shared border.  The 
success of these protocols have led to the creation of 
similar Border Violence and Public Safety working groups in 
other areas where the levels of cross border violence have 
reached all-time highs.  This standard notification process 
has been utilized in the San Diego/Tijuana since December of 
¶2006. End Note.)  Embassy will formally respond to SRE 
Diplomatic Note No. SSAN-0026 noting that the monthly BSPS 
working groups are the ideal venue to exchange valuable 
information between both governments and help to mitigate the 
escalating levels of violence along our joint border. 
 
 
Visit Mexico City's Classified Web Site at 
http://www.state.sgov.gov/p/wha/mexicocity and the North American 
 
MEXICO 00000463  004 OF 004 
 
 
Partnership Blog at http://www.intelink.gov/communities/state/nap / 
GARZA