3 Records of Alleged Abusive or Improper Conduct where the accountability status is “Judicial Case Closed”

Late November 2021

Rodney Scott, the Trump administration’s last Border Patrol chief who exited his position in August, faced a San Diego Superior Court judge for a September tweet in which he advised former Border Patrol agent turned activist Jenn Budd, who has recounted being raped at the Border Patrol academy, to “lean back, close your eyes, and just enjoy the show.” Budd also posted screenshots on Twitter showing Scott among those on private CBP and Border Patrol agents’ Facebook groups sharing images of Border Patrol shoulder patches reading “Let’s Go Brandon,” a right-wing euphemism for “F— Joe Biden.”

— Emily Green, “Did Trump’s Border Patrol Chief Make a Rape Threat? A Judge Says Yes.” (Vice, December 2, 2021) https://www.vice.com/en/article/epxx9n/trumps-border-patrol-chief-rape-threat-on-twitter.

Sector(s): Border-Wide

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Sexual Assault or Harassment

Last Known Accountability Status: Judicial Case Closed

Victim Classification: Female, Sexual Abuse Victim, U.S. Citizen or Resident

July 21, 2021

Gregson Martínez, a Border Patrol processing coordinator at the Processing Center in Donna, Texas, struck a 17-year-old Honduran citizen in the face while questioning him about his age and citizenship. Mr. Martínez was terminated on August 2, 2021, and pled guilty on May 13, 2022 to violating the teenager’s constitutional rights. (original link)

The DHS Office of Inspector-General and CBP Office of Professional Responsibility conducted the investigation of Martínez, and the U.S. Department of Justice prosecuted the case. Martínez faces up to a year in prison and a possible maximum $100,000 fine; sentencing was scheduled for June 24, 2022.

— “Federal agent admits to violating civil rights of a Honduran teenager” (Texas: U.S. Department of Justice, May 13, 2022) https://www.justice.gov/usao-sdtx/pr/federal-agent-admits-violating-civil-rights-honduran-teenager.

Sector(s): Rio Grande Valley

Agency(ies): Processing Coordinators

Event Type(s): Abuse of Minor, Use of Force

Last Known Accountability Status: Criminal Conviction, DHS OIG investigation Closed, Judicial Case Closed, OPR Investigation Closed

Victim Classification: Honduras, Unaccompanied Child

July 15, 2021

Border Patrol agent Rodney Tolson pled guilty to conspiring to transport an undocumented alien within the United States. Tolson admitted taking $400-per-person payments in 2019 for allowing non-citizens to pass through the Border Patrol checkpoint on Interstate Highway 35 north of Laredo, Texas.

According to the plea agreement, as cited in the Washington Post, Tolson helped a migrant smuggler by “waving him through the checkpoint.”

According to the co-conspirator, Tolson would call to report “which lane and time window to use for crossing through the checkpoint,” the plea agreement says.

At one point, the co-conspirator asked if Tolson was ready to make money.

“U know it,” Tolson said in a WhatsApp social media message the co-conspirator shared with federal agents.

Their transactions would usually take place in the parking lot of a Walmart near the border, where Tolson would receive $400 per person, the documents state.

The DHS Inspector General and CBP’s Office of Professional Responsibility investigated Tolson’s case, and referred it to the Department of Justice. On May 24, 2022, Tolson was sentenced in Laredo federal district court to 21 months in prison (original link).

— Julian Mark, “A Border Patrol agent was supposed to guard a U.S.-Mexico checkpoint. He took $400 bribes to smuggle migrants.” (Washington: The Washington Post, July 14, 2021) https://www.washingtonpost.com/nation/2021/07/14/border-patrol-agent-admits-bribes/.

— “Federal agent sent to prison for alien smuggling” (Laredo: U.S. Department of Justice Southern District of Texas, May 24, 2022) https://www.justice.gov/usao-sdtx/pr/federal-agent-sent-prison-alien-smuggling.

Sector(s): Laredo

Agency(ies): Border Patrol

Event Type(s): Corruption

Last Known Accountability Status: Criminal Conviction, DHS OIG investigation Closed, Judicial Case Closed, OPR Investigation Closed

Victim Classification: