Recommendations
The Committee's investigation has revealed significant shortcomings in CBP's approach to disciplining and training employees on social media misconduct.
This staff report makes the following recommendations to address these weaknesses:
Top CBP Leadership Should Demonstrate a Commitment to Accountability for Social Media Misconduct: CBP leaders must make clear that social media misconduct will not be tolerated and that violators will be held accountable. Agency leadership should, consistent with constitutional and legal protections, establish strong procedures to encourage reporting of misconduct, effective investigations into misconduct, consistent application of disciplinary actions, ongoing monitoring, and effective training on the proper use of personal social media accounts. This program should align with DHS's efforts to monitor social media for threats.[79] CBP needs leaders who not only are aware of policies on the personal use of social media but also apply and adhere to them and hold others accountable to doing the same.
CBP Should Strengthen Social Media Training: CBP's roll-out of additional social media training is a good first step towards addressing misconduct. However, CBP managers must create top-level commitment to enforcing policies and require ongoing, effective trainings tailored to the work of CBP agents. For example, CBP should explain the need for training and require interactive or in-person trainings so that employees can better participate and ask questions. Trainings should include assessments to verify that employees understand key concepts, including the types of unacceptable social media behavior on and off duty. CBP should also track and monitor the completion of required social media training by all employees. On an annual basis, CBP should publicly post training completion rates, updates to the social media training curriculum, and actions taken by CBP leadership to assess the effectiveness of the social media training curriculum.
CBP Should Reform Hiring Processes to Screen for Applicants with Records of Discrimination or Similar Misconduct: Reforms to how CBP reviews applicants will ensure that candidates who previously engaged in social media misconduct or related conduct exhibiting prejudice would not be placed in a position of power over vulnerable populations. For example, CBP should consult available public databases of police misconduct before making hiring decisions, such as the National Decertification Index;[80] Law Enforcement Work Inquiry System, known as the LEWIS Registry;[81] and the National Police Misconduct Registry that would be established under the George Floyd Justice in Policing Act of 2021.[82]
CBP Should Make Disciplinary Records Available for Future Employment Decisions: CBP should require the consideration of social media misconduct and similar misconduct during the promotion process. CBP should assess whether it is suitable for employees with a history of discrimination and bias to take on additional responsibilities or serve in a leadership position. CBP should also consider reforms to the agency's current policy of removing discipline related to misconduct from permanent employee records.
CBP Should Reform the Disciplinary Process to Prevent Employees That Display Prejudice, Discrimination, or Bias from Working with Vulnerable Populations: CBP should reform the disciplinary process to consider whether an employee's misconduct displayed prejudice, discrimination, or bias when determining an agent's penalty. Penalty guidelines for social media misconduct should enable CBP to remove employees who engaged in such conduct from posts working with migrants and children.
CBP Should Address Issues of Poor Morale: CBP should implement programs to improve employee morale. It can build on recent DHS and CBP employee engagement initiatives, including surveying staff to assess the climate of work units and to provide upward feedback. CBP should also consider developing an ombuds office within the agency to provide an independent resource for employees to confidentially discuss their work environments, seek impartial advice, and report on misconduct.
CBP's roll-out of additional social media training is a good first step towards addressing misconduct. However, CBP managers must create top-level commitment to enforcing policies and require ongoing, effective trainings tailored to the work of CBP agents. For example, CBP should explain the need for training and require interactive or in-person trainings so that employees can better participate and ask questions. Trainings should include assessments to verify that employees understand key concepts, including the types of unacceptable social media behavior on and off duty. CBP should also track and monitor the completion of required social media training by all employees. On an annual basis, CBP should publicly post training completion rates, updates to the social media training curriculum, and actions taken by CBP leadership to assess the effectiveness of the social media training curriculum.
CBP Should Reform Hiring Processes to Screen for Applicants with Records of Discrimination or Similar Misconduct: Reforms to how CBP reviews applicants will ensure that candidates who previously engaged in social media misconduct or related conduct exhibiting prejudice would not be placed in a position of power over vulnerable populations. For example, CBP should consult available public databases of police misconduct before making hiring decisions, such as the National Decertification Index;[80] Law Enforcement Work Inquiry System, known as the LEWIS Registry;[81] and the National Police Misconduct Registry that would be established under the George Floyd Justice in Policing Act of 2021.[82]
CBP Should Make Disciplinary Records Available for Future Employment Decisions: CBP should require the consideration of social media misconduct and similar misconduct during the promotion process. CBP should assess whether it is suitable for employees with a history of discrimination and bias to take on additional responsibilities or serve in a leadership position. CBP should also consider reforms to the agency's current policy of removing discipline related to misconduct from permanent employee records.
CBP Should Reform the Disciplinary Process to Prevent Employees That Display Prejudice, Discrimination, or Bias from Working with Vulnerable Populations: CBP should reform the disciplinary process to consider whether an employee's misconduct displayed prejudice, discrimination, or bias when determining an agent's penalty. Penalty guidelines for social media misconduct should enable CBP to remove employees who engaged in such conduct from posts working with migrants and children.
CBP Should Address Issues of Poor Morale: CBP should implement programs to improve employee morale. It can build on recent DHS and CBP employee engagement initiatives, including surveying staff to assess the climate of work units and to provide upward feedback. CBP should also consider developing an ombuds office within the agency to provide an independent resource for employees to confidentially discuss their work environments, seek impartial advice, and report on misconduct.
CBP should require the consideration of social media misconduct and similar misconduct during the promotion process. CBP should assess whether it is suitable for employees with a history of discrimination and bias to take on additional responsibilities or serve in a leadership position. CBP should also consider reforms to the agency's current policy of removing discipline related to misconduct from permanent employee records.
CBP Should Reform the Disciplinary Process to Prevent Employees That Display Prejudice, Discrimination, or Bias from Working with Vulnerable Populations: CBP should reform the disciplinary process to consider whether an employee's misconduct displayed prejudice, discrimination, or bias when determining an agent's penalty. Penalty guidelines for social media misconduct should enable CBP to remove employees who engaged in such conduct from posts working with migrants and children.
CBP Should Address Issues of Poor Morale: CBP should implement programs to improve employee morale. It can build on recent DHS and CBP employee engagement initiatives, including surveying staff to assess the climate of work units and to provide upward feedback. CBP should also consider developing an ombuds office within the agency to provide an independent resource for employees to confidentially discuss their work environments, seek impartial advice, and report on misconduct.
CBP should implement programs to improve employee morale. It can build on recent DHS and CBP employee engagement initiatives, including surveying staff to assess the climate of work units and to provide upward feedback. CBP should also consider developing an ombuds office within the agency to provide an independent resource for employees to confidentially discuss their work environments, seek impartial advice, and report on misconduct.