A U.S. Border Patrol officer has confessed to compelling several immigrant women to bare their chests as part of their immigration processing routines in 2023. The 53-year-old agent named Shane Millan pleaded guilty to two offenses of intrusion of rights while operating under the law, according to a statement from the U.S. Attorney’s Office in the Northern District of New York. During the incident, Millan was assigned to Wellesley Island, located in the northern region of New York State and was responsible for remotely processing the paperwork of immigrants arriving through the southern border of the U.S.
In an incident that took place in August of 2023, Millan, while processing the paperwork of a female immigrant during a virtual interaction, falsely attributed a chest tattoo to her documents. The woman, referred to as P.L.R in the court files, firmly denied having a chest tattoo. Millan, however, requested her to prove it by showing her chest to him over webcam. Left with no choice, she revealed her chest by lifting her shirt and undergarment, while her infant daughter was nearby.
As the processing of paperwork drew to a close, Millan decided to cross-check her claim of not having any tattoos on her chest. He initiated the request by asking her to expose her chest once again. She responded to his demand by declining firmly. Millan responded by stating his inability to finalize the legal paperwork unless he had the certainty she bore no chest tattoos, which led her to expose her chest a second time on webcam.
In another incident that occurred nearly two weeks after the first, Millan was dealing with the paperwork of another woman, referred to as A.P.G in the court documents. She was accompanied in the room by her husband and offspring. Millan instructed the husband and child to leave the room and asked A.P.G. to lift both her shirt and undergarment although she had already indicated that her tattoo was located near her collarbone and had demonstrated it.
After making sure that she was alone, Millan asked A.P.G to remove her upper garments to show him her breasts via the webcam. Near the end of the virtual meeting, A.P.G was ordered once again to lift her clothes, to which she complied. The recording of the plea agreement suggests that Millan abused his position of power in the same manner towards several women around that time.
In addition to the above incidents, Millan reportedly sought Spanish translations for phrases that would allow him to instruct the female immigrants to showcase their chests. Various phrases that Millan translated included: ‘Please lift your shirt and your bra’ and ‘Can you lift it higher please’. These translations were intended to aid in coercing the women into complying with his inappropriate requests.
Millan’s behavior starkly contradict U.S. Customs and Border Protection protocols which forbid such voyeuristic activities during immigration processing. In situations where strip searches are necessary, the guidelines require officers to seek approval from their superiors. Millan failed to adhere to these strict protocols, demonstrating a blatant disregard for professional conduct.
Following his guilty plea to the charges of intrusion of rights under the law, Millan is now awaiting sentencing. The U.S. Attorney’s Office has provided the sentencing date as July 5. A maximum of two years imprisonment, along with a substantial fine of up to $200,000, are the penalties that Millan faces, according to the U.S. Attorney’s Office statement.
The case has brought to the spotlight a shocking case of abuse of power within the U.S. Border Patrol agency. In particular, it underscores how female immigrants, often vulnerable and seeking a safer homeland, can become victims of opportunistic elements exploiting their situations. This case is anticipated to prompt a review of existing protocols for interactions between immigration officers and immigrants.
In addition, it reveals the violation of professional conduct norms as well as the breach of strict legal protocols designed for the protection of the rights and dignity of immigrants. This incident underscores a broader concern for enhancing supervision, transparency, and the means to hold officers accountable to their actions.
Further, it highlights an urgent need for enhanced training to ensure all immigration officers are sensitive to the issues of gender and power dynamics during their interactions with immigrants. It is essential to build and maintain high-standard professional conduct for each border patrol personnel, ensuring they fully understand the extent of their responsibilities and the limits of their authority.
The court proceedings of the case are also expected to set a precedent for similar cases in the future. It is hoped that this will deter potential occurrences of such misconduct by sending a clear message about the severe consequences of such actions. Regardless of their position, no individual should be allowed to exploit their authority, infringing upon another’s dignity and rights.
There is also a call for technology tools to be deployed for greater transparency during remote interactions. Implementing a system that could provide an unbiased third-party presence during the processing of immigrants may deter potential sexual harassment and exploitation. While technology is not a panacea for all unethical situations, it may provide an additional layer of protection for vulnerable individuals.
Overall, the case signals an opportunity for U.S. Border Patrol to learn from this incident, improve its practices, and reinforce a culture of respect and dignity. The agency is expected to devote additional efforts to uphold its commitment to humanely dealing with immigrants and maintain the bar of ethical standards that is required from each one of its officers.