The US Border Patrol has one of the most robust and well protected rape cultures in the federal service. While the agency claims to follow a no tolerance policy for sexual assaults of fellow agents, migrants and children, complaints against agents continue to mount with little justice for their victims and almost zero accountability for the agents committing the crimes. To understand the Border Patrol's rape culture, you must go back to the very first female agents allowed to enter the academy in 1975. From the beginning, Border Patrol agent instructors and trainees were getting away with coerced sex and rape. Reveal's latest podcast tells the story of Ernestine Lopez, the first Latina Border patrol agent who was told she would have to have sex with her instructor to pass and then was raped days before her graduation and fired. This podcast even has a male agent admitting to playing the Game of Smiles in the academy in the early 2000s. This is the first publicly documented account of the rape game being played in the Border Patrol academy.
Most Border Patrol agents are not committing sexual crimes, but all Border Patrol agents know about the culture and condone it by their silence on how the agency hides these crimes with cash settlements, EEOC cases that go nowhere, Union grievances that protect the predatory agents and not the victims, management who protect each other and have inside knowledge of internal investigations and warn each other.
Rape culture is not limited to sexual assaults. Other crimes that contribute and support rape cultures are domestic violence, physical assault of women and children, murder of sex workers or crimes against LGBTQ+, managers pressuring agents for sex. Most sexual assaults committed by Border Patrol agents are not known as the victims are migrant women and children who are quickly deported. Their complaints are often considered unsubstantiated because the agency in charge of Border Patrol oversight, Customs and Border Protection's Office of Professional Responsibility (CBP-OPR), has many ex-Border Patrol agents as investigators. The man in charge of CBP-OPR investigations is himself an ex-agent, Dan Altman. The oversight system for Border Patrol is rigged and most cases go nowhere.
Yes, male victims do exist in Border Patrol Rape Culture. However, few if any have ever come forward. Because of space limitations, this site is listing only the crimes committed by agents from 2000 - current. The extent of sexual assault complaints in the Border Patrol is not fully known because most are handled through state courts that do not allow for easy research. The list below is not a complete list.
"Knowing how bad the rape culture is for female agents, imagine how much worse it is for victims who are migrants. This is just the tip of a disgusting iceberg." - Jenn Budd (Former Senior Patrol Agent and expert in Border Patrol Rape Culture)
Academies are where the culture begins. Male agents are still taught in the academy that women do not belong in the Border Patrol. They are told the official line that the reason there are only 5% women in the service is because the work is too physically demanding and in isolated areas. This is a lie. Male trainees are also taught that female trainees who have difficulty in passing the rigorous physical fitness requirements will file fake sexual assault grievances with the Equal Employment Opportunity Commission (EEOC) in hopes this will make the agency pass them. This statement is also a lie. Women in the academy file sexual assault allegations against instructors and male classmates because they have been assaulted. Many female agents have reported being told they had to have sex with instructors to graduate. Female trainees who do not "play ball" are most often fired on their Spanish exams as they contain a verbal portion that is completely subjective. Other women have been fired for failing their physical fitness exams by less than a second.
The Game of Smiles is a rape drinking game sometimes played in Border Patrol academies. Male instructor agents get together with their favorite male trainee agents to party on graduation night. A female trainee who is drinking along with her classmates suddenly finds herself pushed under a table. Often, she has had her drinks drugged. The men sit around a table with their pants off and the female is forced to give the men oral stimulation. The first to smile has to drink. If the female passes out, she is sometimes gang raped. The men see this as a binding experience. It also sets the stage for the men to have dirt on each other and to thus keep the green code of silence.
The following is an example of one such Game of Smiles incident as told by former CBP Internal Affairs Commissioner James Tomsheck: Newsweek.
The public motto of the US Border Patrol is "Honor First." Most male Border Patrol agents say "On Her First" as it expresses the attitude of many of the male agents who view the addition of new female agents to the academy and stations as "fresh meat." This term is used heavily in management.
In January of 2023, NBC News published an article about allegations that Chief Tony Barker, Acting Chief of the Border Patrol's Law Enforcement Operations Directorate in Washington DC, had quickly and quietly resigned after a member of management secretly told him he was under investigation by CBP's Office of Professional Responsibility (today's Internal Affairs for Border Patrol) for using his position to force female subordinate agents to perform sexual acts. The investigation is still ongoing, and Chief Barker has not been charged with any crimes.
Just as the Catholic Church moved their predatory priests from one area to another to hide their sex crimes, the US Border Patrol follows the same patterns. When an employee is sexually assaulted by another employee, the agency will provide the accused expert Union advise to the alleged predators, yet the victims (who belong to the same Union) are told that their cases are likely to go nowhere, that they may be ruining another agent's life, his family's life, that they will never know if the agent was held accountable or what that accountability was. Many alleged predators are moved to other stations or sectors. Many are even promoted.
Agents who are arrested, convicted or plead guilty to these horrible crimes do not have to worry about the agency releasing employee files that may show the agent had a history of complaints related to their crimes. Border Patrol refuses to allow internal investigations filed with the Union, the Equal Employment Opportunity Commission or with CBP's Office of Professional Responsibility to be reviewed as they know this would likely show the agency was aware of sexual misconduct (see the BPA Esteban Manzanares case below) long before the agent was arrested.
Currently in Tucson Sector, BPA Steven Holmes, Assistant Chief Gustavo Zamora and Supervisory BPA John Daly III are on trial for rape. Recently, BPA Holmes was convicted of 11 counts of serial sexual assault and assault. Zamora and Daly are still on trial. To date, the US Border Patrol has refused to open their employee files. It is not known how many complaints have been filed on these agents from other agents, employees, migrants or from migrant children.
BPA Dick raped a fellow female Border Patrol agent after a softball game in January of 2009. He was convicted in 2010 and sentenced to 5.25 years. (Arizona Superior Court, Pima County #CR20090837-001)
In March 2014, BPA Manzanares was on-duty when he kidnapped and sexually assaulted a migrant mother and two teenagers. Manzanares took one of the victims to his house and killed himself as FBI broke down the door. That FBI was present suggests he was already under investigation. BPWatch is in possession of a 2013 Critical Incident Team report from Rio Grande Valley Sector that suggests he may have assaulted another migrant woman before she escaped his custody.
BPA Villarreal pleaded guilty to sexual assault and tampering with evidence in 2021. The assault occurred in 2018. BPA Villarreal threatened to deport his victim if she complained. He was sentenced to 2 years in prison. (Texas State Court, Webb County, #2019CRE001099D2.)
BPA Sullivan was convicted of aggravated sexual assault in 2011. While working at the Falfurrias Checkpoint in 2003, he detained the victim, took her to a hotel once off duty and repeatedly raped her. He received over 15 years in prison. (US Court, Southern District of Texas, #05CR00792)
SBPA Ramirez was arrested in 2020 for allegedly forcing a female subordinate to perform oral sex. He was indicted by a grand jury in Hidalgo County, Texas in July 2021. In January of 2023, charges were dismissed because court documents stated "no victim available." It is not known if the victim still works for the Border Patrol or if they are still under SBPA Ramirez' direction. (Texas State Court, 139th District Court, #CR3608-21-C)
In 2007, BPA Rosario pleaded guilty to sexually assault of a female migrant and her 15-year-old daughter while in his custody. He was sentenced to 4 years in prison. (US Court, District of Arizona, #06CR00101-KC)
(A)SBPA Johnson took a 21 year old migrant woman to a desolate area, made her take off her clothing, handcuffed her and forced her to give him oral sex before trying to turn her back to Mexico. Mexican authorities refused to take her because she was from El Salvador and she then reported the crime to the police. He was found guilty and sentenced to 7 years in prison. (Arizona State Court, Cochise County Superior Court, #S-0200-CR-200000497)
BPA Hemmer was arrested in Nogales in 2000 for kidnapping and sexual assault of a migrant woman. He pleaded guilty to 1 count of aggravated assault which was a misdemeanor. The kidnapping and 3 sexual assault charges were dropped. BPA Hemmer was required to complete 36 months probation for his crime to be lowered to a misdemeanor. It is not known if he is still an employee. (Arizona State Court, Santa Cruz County Superior Court, #S-1200-CR-20000153)
BPA Samaniego was arrested and charged with allegedly drugging and raping a 20-year-old female Border Patrol trainee in 2008. He was the victim's physical training instructor at the Border Patrol Academy in Artesia, NM. Prosecutors dropped the 2 sexual assault charges in exchange for a guilty plea for giving the young woman a drug laced alcohol drink. It is not known if BPA Samaniego is still employed with the agency or what happened to the female agent victim. (New Mexico State Court, Carlsbad District, #D-503-CR-200900061)
BPA Thornhill was close to retirement when Homeland Security Investigations discovered he was producing, viewing child pornography and committing child rape from 1995 -2007. Prior to being hired by Border Patrol, Thornhill was arrested when he was 14 years old and convicted of child sexual assault, but the agency still hired him and even made him the Chaplain of the Tucson Border Patrol Sector. He pleaded guilty and received 40 years in prison. (Arizona Superior Court, Cochise County #J-0205-IA-2020000147)
BPA Spear was found guilty in 2016 for engaging in "sex acts" with a child and producing child pornography. He was sentenced to 2 years in prison. (Superior Court of CA, San Diego County, #SCD264978)
BPA Adams was arrested in 2017 for posting videos of himself raping his own daughters. Adams killed himself shortly after admitting his crimes. A devout Mormon, he had confessed his crimes to his bishop years before but the church chose to not inform law enforcement.
SBPA Mrofka was arrested in 2017 for felony lewd and lascivious acts with a child. He was allowed to plea no contest to"unlawful sexual intercourse" which is a misdemeanor. He was sentenced to 3 years probation and did NOT have to register as a sex offender. (Superior Court of AZ, Ajo County, #J-1003-EX-2017000007)
BPA Cole pleaded guilty in 2015 to attempted kidnapping and attempted child molestation of a friend's child. He was sentenced to 10 years in prison. (Superior Court of Arizona, Maricopa County, #S-0700-CR-2015114329)
BPA Whipple was arrested and charged with allegedly possessing and producing child pornography in 2017. His case is still in court. (#18CR00013-XR-1)
In 2017, BPA Gomez pleaded guilty to 4th degree sexual penetration of a minor. He was sentenced to 29 months in prison. (New Mexico State Court, Dona Ana County, #M-14-FR-201600644)
In 2016, BPA Contreras was charged with enticing and coercion of a minor to engage in sexual acts when he drove from Del Rio, Texas to Cotulla, Texas believing he would have sex with an 8 year old and a 14 year old child. He was sentenced to 11 years in prison. (US Court, Southern District of Texas, #15CR01410)
BPA Quiroz pleaded guilty in 2014 to receiving sexually explicit photos of a child he coerced online. He was sentenced in 2015 to 2.5 years in prison. (US Court, District of New Mexico, #14CR03026-JFM)
BPA Lozada was charged in 2015 for repeated sexual assault with a child. In November of 2015, he was sentenced to 6 years in prison. (Texas State Court, El Paso County, #20150D02322)
BPA Berner was sentenced in 2016 for possession of over 2,500 child pornography files on his computer. He was sentenced to just under 6 years in prison. (US Court, District of Arizona, #14CR01964-JAS-DTF)
BPA Jung was sentenced in 2010 to 6 years in prison for possession of child pornography. (US Court, Southern District of California, #10CR01681-WQH)
DCPA Giuliano Of Blaine Sector pleaded guilty to child rape in April of 2009. He was sentenced to 4 years in prison. (Washington State Superior Court, Whatcom County #08-1-01373-4)
SBPA Davis was arrested and charged with receiving child pornography in May of 2018. He also admitted to taking video of a 5 year old naked child's genitals on his phone. In 2021, he was convicted and sentenced to 15 years in prison. (US Court, New Mexico District, Dona Ana County #18CR03225-WJ)
BPA Hook was arrested and charged in 2018 for possession and distribution of child pornography. He pleaded guilty and was sentenced in 2020 to 6.5 years in prison. (US Court, Northern District of New York, Oswego County #19CR00239-DNH)
In 2013, BPA Bolden was sentenced to 6.5 years in prison for possession of child pornography. (US Court, Southern District of Mississippi, #12CR00033-HSO-RHW)
BPA Millican was arrested in January of 2019 when he was accused of raping a 13 year old girl since 2015. He also videotaped his assaults. He pleaded guilty in 2019 and was sentenced to 50 years in prison. (US Court, Western District of Texas , San Antonio Division, #19CR00099-OLG)
BPA Saucedo allegedly sexually assaulted a 17-year-old migrant child and her adult sister while in custody. There were no criminal charges filed, but the Border Patrol paid a monetary settlement. It is not known if BPA Saucedo is still working at the agency. (18CV00028-DC)
In 2020, BPA Cox was arrested for allegedly soliciting a minor online using SnapChat. The victim stated that BPA Cox would send her sexually explicit pics and videos of himself having sex with women. According to court documents, he received probation. (Texas State Court, Bear County, #2020CR8811)
In 2008, FBI arrested BPA Padron for allegedly possessing child pornography. In 2010, he resigned the Border Patrol because of these charges. Cameron County District Attorney failed to bring the case to trial in time and the case was dismissed for statute of limitations in 2013. Years later, it was discovered he was working for immigration child detention center under the Trump Administration. The center stated that because he had not been convicted, they were not responsible. He was laid off in 2017 with hundreds of other employees. His location and employment are not currently known.
BPA Contreras was charged in 2016 for allegedly coercing and enticing a child to engage in sexual activity. BPA Contreras believed he was to have sex with a man's 8-year-old and 14-year-old daughters. In 2017, he pleaded guilty and was sentenced to 11 years in prison. (US Court, Southern District of Texas, #16CR01410)
BPA Zuniga was arrested in 2012 on suspicion of stealing and selling government equipment on the internet. While searching his property, federal agents discovered nearly 400 images of child child pornography. (US Court, Southern District of California, #12CR3759-H)
SBPA Gonzalez was the supervisor in charge of San Diego Sector's Critical Incident Team that covered up many crimes committed by agents. In 2015, he pleaded guilty to voyeurism and lying to law enforcement officials for hiding a camera in the Sector women's bathroom and then publishing the videos online. He received 21 months in jail. (US Court, California Southern District Court, San Diego County #15cr0806-BEN)
In January of 2023, NBC News published an article about allegations that Chief Tony Barker, Acting Chief of the Border Patrol's Law Enforcement Operations Directorate in Washington DC, had quickly and quietly resigned after a member of management secretly told him he was under investigation by CBP's Office of Professional Responsibility (today's Internal Affairs for Border Patrol) for using his position to force female subordinate agents to perform sexual acts. The investigation is still ongoing, and Chief Barker has not been charged with any crimes.
In 2018, SBPA Ortiz was arrested and charged with the killing of 4 female sex workers who he had admittedly hired and had sexual intercourse with. In December of 2022, he was convicted and sentenced to life in prison. (Texas State Court, Webb County 406th District Court, #2018CRA001475D4)
In 2019, BPA Cepeda was arrested for attempting to shoot his then girlfriend when she attempted to end their relationship. Te shooting occurred in front of their 1-year-old child. He was convicted in 2022 and sentenced to 10 years in prison. (Edinburg Municipal Court, #unknown)
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