Abstract

The Department of Veterans Affairs Police (“VA Police”), a federal law enforcement agency tasked with law enforcement on Department of Veterans Affairs (VA) properties, has a shocking record of misconduct and brutality against veterans. Because the VA is the largest integrated healthcare system in the United States, the VA Police are primarily responsible for policing VA medical facilities. While issues facing the veteran community have largely been analyzed as separate from those facing the American public at large, VA medical facilities replicate broader socioeconomic trends in policing of vulnerable populations. Veterans receiving VA healthcare services are disproportionately likely to be diagnosed with a physical or mental disability relative to the general population, and are significantly more likely to have experienced trauma. They are also disproportionately Black, younger, female, unmarried, less educated, of lower incomes, combat veterans, or some combination of these factors. Thus, in conjunction with the unique health challenges facing the veterans’ community, veterans receiving VA healthcare services are disproportionately vulnerable to the harms of aggressive policing.

Even though policymakers have failed to collect quantitative data regarding the VA Police program, enough qualitative data exists to demonstrate the need for reform. This existing data is contextualized by the historical evolution of the VA Police into a militarized police force with little oversight. This enabled VA Police policies and procedures that created barriers to healthcare at VA medical facilities through reinforcing a “warrior” police culture and aggressive policing towards veterans. This article specifically examines deficiencies in VA Police training and oversight and the overbroad role and authority of VA Police. It further asserts that training reform, while necessary, is insufficient without reevaluating the propriety of policing at VA medical facilities. It then proposes starting points for VA Police reform, targeted towards ameliorating deficiencies in training and oversight, reducing the role and authority of the VA Police, and comprehensive data collection and transparency. It addresses public safety concerns regarding the proposed reforms by asserting that they are tailored to prevent both workplace violence and police violence. The road to implementation for these policy interventions is relatively clear. The legal and regulatory framework the VA Police operate within authorizes the VA Secretary to pursue them with meaningful collaboration from the veterans’ community, whose control of the reform process is critical. While the immediate intent of these reforms is to promote an equitable model of public safety at VA medical facilities, their implications extend beyond the veterans’ community. The distinct demographics of the veterans’ community and the situation of the VA within the administrative state provide opportunities to demonstrate the efficacy of an equitable public safety model to stakeholders nationwide, pushing for transformation to American policing.

Document Type

Article

Publication Date

Winter 2023

Publication Information

21 Seattle Journal of Social Justice 423-494 (2023)

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