Former Border Patrol Agent Sentenced to a Year in Prison for Civil Rights Violations

SYRACUSE, NEW YORK – Shane Millan, age 53, of Jefferson County New York, was sentenced today in federal court in Syracuse to 12 months in federal prison after previously pleading guilty to two misdemeanor counts of deprivation of rights under color of law. Acting United States Attorney John A. Sarcone III and Vance Kuhner, Special Agent in Charge, New York Field Office, Office of Professional Responsibility, U.S. Customs and Border Protection, made the announcement.

Acting United States Attorney Sarcone stated: “Everybody deserves respect, and we will not tolerate the sexual exploitation of immigrants by members of law enforcement. Nobody is above the law.”

“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,” said Special Agent in Charge Vance Kuhner. “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.”

In pleading guilty, Millan admitted that, while acting under color of law as a Border Patrol Agent, he willfully deprived multiple victims of their constitutional right to be free from unreasonable searches when, during virtual processing concerning their admission to the United States, he commanded the victims to expose their bare chests to him via webcam. Millan further admitted that he told these women that his requests were for legitimate searches incident to admission into the United States, but he knew his demands to see the victims’ breasts were for his own gratification.

U.S. Customs and Border Protection Office of Professional Responsibility Investigative Operations Directorate is investigating the case. Assistant U.S. Attorneys Michael F. Perry and Michael D. Gadarian are prosecuting the case.