A recently released U.S. Border Patrol policy reviewed by Breitbart Texas forbids managerial and supervisory personnel from establishing and engaging in romantic relationships with lesser-graded personnel without an approved waiver, in some cases, issued by the agency’s highest executive, Jason Owens, Chief of the U.S. Border Patrol.
According to a source within CBP who provided the policy to Breitbart Texas, the new policy finalized in early June is angering rank-and-file agents who believe the ethical failures by a few senior executives within the agency are a distraction from the real border security challenges facing them in the field.
The source told Breitbart Texas the issues prompting the creation of the policy, attached below, have less to do with improprieties committed by managers and subordinates at the field level and everything to do with leadership failures at the highest levels of management.
“This isn’t a field problem, we’re too busy” the source stated. “The Border Patrol’s number two in the chain of command in Washington retired abruptly due to allegations of sexual harassment in the workplace; the Chief of our academy is also out on allegations of misconduct.”
“Now we have to administer this nonsense to field agents that are exhausted from three years of an out-of-control border?” the source emphasized.
A portion of the policy explains the impetus and purpose of the policy by vaguely addressing the history of issues related to inappropriate relationships or sexual activity between managers, supervisors and subordinates:
Incidents over the last several years have highlighted the compelling need to address romantic or sexual relationships or encounters that create problems in the workplace. This policy sets clear expectations regarding appropriate behavior, particularly between Supervisors and subordinates, explicitly addressing the conflict of interest or the appearance thereof, where romantic, or sexual relations, or encounters involve, or create the appearance of, preferential treatment of the improper use of the relationship for personal gain.
The source says the incidents occurring within the last few years that led to the policy issuance are highly publicized leadership failures that resulted in the abrupt resignation, retirement, or termination of senior-level leaders facing serious misconduct allegations.
In January 2023, an NBC news report highlighted the sudden resignation of Tony Barker, a senior-level Border Patrol agent serving as the acting chief of the law enforcement operations directorate for the Border Patrol. According to the report, sources told NBC a female employee within the agency said she had a consensual relationship with Barker that she tried to end, prompting Barker to retaliate. Barker allegedly threatened to tell others that she had illegally issued contracts if she did not perform sexual favors.
In February 2024, Joel Martinez, the Chief Patrol Agent of the Laredo Texas sector, abruptly retired amid allegations of sexual misconduct involving subordinate employees. At the time of his retirement, Martinez was occupying the agency’s Deputy Chief Patrol Agent spot in an acting capacity working directly under the Border Patrol Chief, Jason Owens.
Martinez’s retirement was first reported by the Washington Post. Sources familiar with the allegations against Martinez told NBC News in a subsequent report that female employees alleged Martinez made aggressive comments to them about his desire to have sex with them and felt pressured to have sex with him.
At the time of Martinez’s resignation, the National Border Patrol Council, the labor union representing rank-and-file Border Patrol agents, issued a statement condemning the type of behavior Martinez was accused of, saying “We strongly denounce and are disgusted by the reports of sexual harassment/misconduct in this ongoing investigation. We condemn in the strongest possible terms this kind of coercive behavior and we stand with the victims who have had to suffer this unacceptable abuse of authority.”
The source within U.S. Customs and Border Protection, not authorized to speak to the media, told Breitbart Texas the agency suspended Ryan Landrum, Chief Patrol Agent of the agency’s training academy, in February 2024 due to an allegation of misconduct. The nature of the allegation has not been released, but in response to an inquiry from Ali Bradley posted on X regarding the suspension of Landrum, the agency responded by saying:
We do not tolerate misconduct within our ranks. When we discover any alleged or potential misconduct, we immediately refer it for investigation and cooperate fully with and criminal or administrative investigations. This is the case whether the alleged misconduct occurs on or off duty. Federal privacy laws prohibit discussion of individual cases.
The policy states it is effective immediately upon receipt by employees. According to the policy, engaging in prohibited romantic or sexual relationships described in the policy is punishable by disciplinary action, up to and including removal.
Randy Clark is a 32-year veteran of the United States Border Patrol. Prior to his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on Twitter @RandyClarkBBTX.
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