Bill to protect feds abroad advances

Back in 2011, two federal officers were attacked by hardened criminals while they were on foreign territory—in Mexico, where to this day, as in many other countries, U.S. agents continue to work with local officials to combat drug and human trafficking cartels. 

One of the officers—U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Special Agent Jaime Zapata—was killed, while the other—ICE HSI Special Agent Victor Avila—was injured in the attack. In the aftermath, perpetrators were found guilty in an American federal court of several crimes in the attack and sentenced to life terms. 

Yet, last year, due to weaknesses in existing U.S. law, the convictions were overturned. Indeed, an appeals court determined that our law, in this situation, did not apply as the events took place on foreign soil. 

Last week, after years of mourning combined with heavy lobbying and strategizing, a bill passed in Congress that should significantly strengthen U.S. law governing the protection of American federal officers abroad. The Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act is set to add significant protections for our people as they fight drugs, human trafficking and terror in countries other than the U.S. 

Federal employee organizations and lawmakers in their corner on the matter all signaled their support and relief at passage of the bill—and are eagerly looking forward to having the new law’s tools available in the event of such tragedies in future. 

Support and celebration

“This new law will be welcomed by federal law enforcement who work outside the United States, including Customs and Border Protection employees stationed at 16 preclearance facilities around the world,” said Tony Reardon, president of the National Treasury Employees Union. “It is essential that the federal government do everything in its power to protect the people who protect us all, whether at home or abroad.”

“CBP Officers and Agriculture Specialists at preclearance sites perform essential homeland security roles by screening international travelers before they board flights bound for the U.S., so it makes perfect sense that they are protected by the same laws as their domestic coworkers,” Reardon added. “We applaud Congress and the administration for taking this step to ensure justice should any federal employee stationed in an international location be harmed.”

"We are very excited that the House of Representatives passed the Jaime Zapata and Victor Avila Federal Officer and Employee Protection Act, clearing it to be signed into law,” Larry Cosme, president of the Federal Law Enforcement Officers Association (FLEOA), said in a release. “This legislation was initiated and co-authored by FLEOA due to its critical importance for our members.”

The legislation clarifies that any perpetrator that attacks a U.S. federal employee abroad can be held accountable back on U.S. soil. 

“We are also proud to see two other FLEOA priority pieces of legislation—the Protecting America’s First Responders Act and C.O.P.S. Counseling Act—also cleared by the House,” Cosme added. Cosme also thanked lawmakers instrumental in gaining passage for so much of the union’s legislative aims. 

"FLEOA is grateful for the efforts of House Majority Leader Steny Hoyer (D-Md.) and House Judiciary Chairman Jerry Nadler (D-N.Y.) who helped get these bills passed in the House,” Cosme said. 

“We are also thankful for our congressional sponsors, Sen. Jon Cornyn (R-Texas) and Sen. Chris Coons (D-Del.),” Cosme emphasized. He also thanked a long and bipartisan list of other senators and House members, including Sens. Cortez Masto and Chuck Grassley and Reps. Henry Cuellar, Mike McCaul, David Trone, Bill Pascrell—for “working with us to create, advance, and advocate for these must pass measures to support and protect law enforcement officers and their families.”

“The entire FLEOA family would like to thank our coalition of supporting federal departments and law enforcement organizations, including the Department of Homeland Security, State Department, Department of Justice, the Biden Administration, American Foreign Service Officers Association, National Treasury Employees Union and many others for supporting this initiative and helping advocate for its passage,” Cosme said.

"Each of these bills address a critical need at a critical time for law enforcement in this country,” Cosme said. 

Some of the lawmakers behind the Zapata / Avila legislation also spoke out upon the bill’s passage. 

“Federal law enforcement officers know that their oath to protect our nation extends beyond American soil,” Sen. Cornyn said of the protection legislation. “This bill honors the service of our brave men and women in law enforcement serving abroad while ensuring that those who threaten their missions and lives are able to be brought to justice in American courts.”

“Federal law enforcement officers put their lives on the line every single day in service to our nation—they deserve to know that the United States will protect them from harm at home and abroad,” another key backer, Rep. Henry Cuellar (D-Texas), said—adding his appreciation for his Republican colleague. “The Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act ensures that we hold all individuals accountable for threats or harm to American servicemembers. I thank Senator Cornyn for his continued efforts to protect those who guard our country.”

The bill is expected to soon pass the Senate and gain the president’s signature.