Shane Millan, a 53-year-old former Border Patrol agent from Jefferson County, New York, was sentenced to 12 months in federal prison after pleading guilty to two misdemeanor counts of deprivation of rights under color of law. The sentencing took place in federal court in Syracuse.
Acting United States Attorney John A. Sarcone III commented on the case: “Everybody deserves respect, and we will not tolerate the sexual exploitation of immigrants by members of law enforcement. Nobody is above the law.”
Vance Kuhner, Special Agent in Charge at the New York Field Office for the Office of Professional Responsibility, U.S. Customs and Border Protection (CBP), also addressed the outcome: “U.S. Customs and Border Protection (CBP) holds its employees to the highest standards of conduct and does not tolerate any employee who violates their oath or the rights of citizens and non-citizens. The actions of this ex-U.S. Border Patrol agent are deeply troubling and do not reflect the values of the Border Patrol or CBP’s mission to protect the American people, safeguard our borders, and enhance the nation’s economic prosperity.”
Millan admitted that while serving as a Border Patrol agent, he deprived multiple victims of their constitutional right to be free from unreasonable searches. During virtual processing related to admission into the United States, he instructed victims to expose their bare chests via webcam. He told these women that his requests were for legitimate searches connected to entry procedures but acknowledged that his demands were for personal gratification.
The case is being investigated by U.S. Customs and Border Protection’s Office of Professional Responsibility Investigative Operations Directorate. Assistant U.S. Attorneys Michael F. Perry and Michael D. Gadarian are prosecuting.