美国海关和边境保护局领导人知道一起所谓的性侵犯案件，一名边境巡逻女学员声称在毕业派对上被至少一名教练和多名男性同伴强奸，但一名前内务部长告诉记者，在事件发生后的几年里，他们没有采取适当行动新闻周刊。
詹姆斯·托木切克(James Tomsheck)曾在2006年至2014年担任内政部长，随后因其团队处理边境巡逻人员不当使用武力的指控受到批评而被免职。
托木舍克说，当他第一次拿到据称发生在21世纪初的事件的档案时，他对其中的内容感到震惊。
“微笑游戏”
他在工作的第一个月就被放在办公桌上，他说报告详细描述了一个“令人厌恶的性掠夺者事件”，在这个事件中，一名驻扎在南卡罗来纳州查尔斯顿附近的边境巡逻女学员声称被邀请参加一个教师临时住处的毕业派对。
在被她的上司“鼓励”喝大量的酒后，这位女士说她被要求参加一个他们称之为“微笑游戏”的游戏
前边境巡逻员称她在培训学院被强奸
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“在非常详细的图形中，这个游戏被描述成一个场景，几个男人围着桌子坐着，裤子都没脱。然后，雌性会走到桌子底下，和不同的成员，桌子底下不同的人进行口交新闻周刊。
“游戏的意图，正如报告中所描述的，如果你坐在桌边微笑，你就输了。这个令人厌恶的性掠食者事件被详细记录下来，”他说。
托木舍克说，该报告接着声称，这名边境巡逻女学员在“由于饮酒”失去知觉后遭到进一步性侵犯。
他说:“几名教师和其他在场人员随后与她发生了性关系，构成一级性侵犯。”。
托木舍克说，一项内部调查发现有理由相信指控的事件确实发生了。然而，由于调查发生在2001年恐怖袭击后，美国政府移民和国家安全部门正在经历一场大的变革的同时，托木舍克说，调查“休眠了几个月，后来变成了几年”
虽然调查原本属于移民和归化局的职权范围，但随着国土安全部的成立，该局于2003年不复存在，后来又被美国移民和海关执法专业责任办公室接手，该办公室的任务是进行专业监督。
“极度不安”
根据文件，出于托木斯克不知道的原因，该案件似乎再次进入休眠状态。后来，当受害者决定不再希望继续调查此案时，法院似乎关闭了。
托木舍克说:“我对调查结果和边境巡逻管理人员、高级领导层没有采取行动追究那些对所发生的严重行为负责的人感到非常不安。”。
他说，当他发现调查的时候，在受害者“选择不合作”之后，调查已经结束了。
“我面临的冲突是尊重受害者的隐私，她在最后一份报告中明确表示，她不想再参与这一事件。她在调查中表示，她不想再合作了，”他说。
托木舍克说，他认为尊重据称受害人的决定很重要。然而，他还认为，边境巡逻官员本应在没有她的参与下继续调查此案，并决定是否应采取任何纪律行动。
这位前内政部长说，他确信调查结果已经提供给边境巡逻队领导人，他们将负责确定哪些纪律级别适合那些被发现参与的人。
然而，据托木舍克所知，边境巡逻教官或受训人员从未对该事件“负责”。他说，那些继续在该机构工作的人很可能现在已经被提升或退休了。
托木舍克说，直到几年后，也就是2015年，他被解除职务后不久，他才再次听说“微笑游戏”的事情，当时他与一名也知道所谓“游戏”的边境巡逻高级官员进行了交谈
这位前内政部长说，他很惊讶地从这位官员那里得知，此案没有被追究，因为边境巡逻队的领导层已经确定，此事根本没有发生。读了上一份报告后，托木舍克质疑这怎么可能是真的，该报告找到了相信这一事件发生的理由。
当托木舍克在报告中陈述调查结果时，他说边境巡逻队的高级官员对他传达的信息“表示了极大的关注”。
“微笑游戏”这个术语是前边境巡逻员詹恩·巴德独立讲述的新闻周刊她在1990年代作为该机构的实习生时就已经意识到了这一点。她最近和新闻周刊她自己的作为边境巡逻受训者在一次性侵犯中幸存下来的故事。
巴德说，在佐治亚州格林科的该机构培训学院的第一周，女上司就警告过她这个“游戏”。她说，“微笑游戏”也被学员们称为“圆圈打击”。
巴德说，她从未听说过任何“游戏”展开的具体事件，但上级也警告过她，并警告她和其他女学员在边境巡逻队里要小心他们在男人身边喝酒。
前边境巡逻特工詹恩·巴德说，她在佐治亚州格林科边境巡逻学院的上司只告诉她在提出强奸指控时才提出投诉。
“非常令人不安的模式”
托木舍克说，他对边境巡逻队内部性行为不端的担忧始于他2006年第一次阅读的报告中概述的“可怕”指控，但这些指控并没有就此结束。
“这份报告是我意识到边境巡逻队中存在性行为不端问题的第一个迹象，”他告诉记者新闻周刊。“在接下来的八年中，我逐渐了解到，这是一种非常令人不安的虐待模式和做法，存在于边境巡逻队内部，似乎是边境巡逻文化的一部分。”
托木舍克在被免职前担任CBP内政部长的最后几周，他说他向CBP领导层发送了一份报告，警告边境巡逻队和CBP境内“性不端”指控的高发率。
他说:“我认为这一数字远远超过了30起，近35起前线边境巡逻人员或CBP官员实施不当性行为的案件，范围从不必要的触摸、不恰当的性语言评论到一级性侵犯。”。“它在美国海关和边境巡逻队中的发生率远远超过了普通民众。”
托木舍克说，有边境巡逻人员迫害移民和寻求庇护者或他们在边境接触的其他人的案件，但针对边境巡逻人员的许多指控包括看到女性人员成为目标的事件。
托木舍克说，他将概述据称在截至2014年4月的大约18个月中发生的30多起不当性行为事件的报告转交给了最近任命的CBP专员吉尔·凯利考斯基和当时的CBP代理副专员凯文·麦卡利斯南。在事件发生时，无论是监督托木斯克从CBP内务办公室被免职的克里考斯基，还是麦卡利斯南，都不会担任该机构的最高职位。
麦卡利斯南最终将成为特朗普政府的CBP专员，随后在2019年4月被高调提拔为国土安全部代理部长时任DHS总统基尔斯特任·尼尔森辞职。麦卡利斯南不久后跟随尼尔森走出白宫，10月卸任。
托木舍克称，这位前内务部长的报告很快被驳回，麦卡利斯南唯一的回答是质疑他当初为什么要发出这份报告。
然而，麦卡利斯南对这一说法提出了质疑，一位知情人士透露新闻周刊麦卡利斯南不记得曾收到过这样的报告，也不记得曾与托木斯克有过这样的交流。
这张照片显示的是2019年1月15日在德克萨斯州麦卡伦，美国边境巡逻队穿着边境特工制服的补丁。边境巡逻队面临着越来越多的对该机构内性别歧视和性行为不端指控的审查。苏珊·科代罗/法新社/盖蒂
在电话采访中新闻周刊，Kerlikowske说，他确实记得从托木舍克那里收到一份概述性行为不端问题的报告。他还承认，托木舍克并不是第一次试图向CBP领导层提出这个问题。
然而，他表示，他的办公室无法核实内政部长从哪里获得他的“数据”。
“除了一些轶事，我不知道他的观点或信息来自哪里，”他说。
托木舍克坚称，这些信息远非“轶事”，并坚称，该报告只是转述了已证实的关于边境巡逻人员和CBP官员的指控和定罪。
Kerlikowske说，他决定解除托木斯克的职务，是因为“多年来内政方面明显缺乏成就”他说，该机构当时正在“获得一个全新的权威”，这需要“新的视角和新的领导”。
当被问及他当时是否认为边境巡逻队内部可能存在性行为不端的问题时，克里考斯基说，他“没有试图将该机构内部所有不同的纪律问题区分开来”，不管是家庭暴力、性侵犯还是使用武力
他承认该机构当时和现在招募女性的努力是“有问题的”，但是他说他试图促进努力做更多的事情来看联邦执法机构招募女性。
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Kerlikowske坚称他从未听说过“微笑游戏”然而，正如已经指出的那样，如果这一事件确实发生了，那将发生在他任职之前。
这位前CBP专员还告诉记者新闻周刊如果托木舍克严重关注边境巡逻局内的不当性行为指控，他应该做更多来推动这个问题。
“如果我去找我的头儿说，‘好吧，让我告诉你这个问题……你打算怎么处理它，头儿?’我可能不会被留在那个位置，”他说。
Kerlikowske说，“不管性侵害投诉的数量有多少，任何针对CBP雇员的性侵害投诉都是重要的，必须进行彻底调查，对受害者的所有支持，包括咨询、离开(如果被要求)、转移(如果被认为是必要的或受害者要求的)以及任何额外的援助请求，如果[同意的话。”
除了与代表麦卡列南发言的克里考斯基和米恩交谈之外，新闻周刊已联系但未收到下列前CBP和边境巡逻官员的回复，请其置评:
罗伯特·邦纳，从2003年3月该机构作为DHS的一部分成立到2005年12月一直担任CBP的首脑;
拉尔夫·巴沙姆，2006年6月至2009年2月任CBP专员;和
大卫·阿吉拉尔，2004年7月至2010年1月担任边境巡逻队队长，后来担任CBP副专员。
古斯塔夫·德拉维尼亚于1997年领导边境巡逻队，直到2004年退休，于2009年10月去世。
今天CBP的发言人建议新闻周刊联系美国司法部监察长办公室，因为司法部会在据称事件发生时监督移民局。
DOJ OIG没有回复记者的置评请求新闻周刊，而DOJ发言人没有提供正式声明。本应参与调查的DHS和洲际交易所没有回应置评请求。
今天边境巡逻
托木舍克的叙述是在边境巡逻队因处理性别歧视和性不端指控而面临重大审查的时候发表的。
今年7月，当时51岁的高级特工古斯·萨莫拉因涉嫌袭击一名初级女特工而被指控实施性侵犯和绑架。
尽管指控的严重性，萨莫拉，她嫁给了该机构最高级和著名的女特工之一，格洛丽亚查韦斯，被允许在起诉后从该机构退休，根据纽约时报。
托木舍克说，他“一点也不”惊讶，但是，告诉新闻周刊他认为这一事件和边境巡逻队的反应“完全符合边境巡逻队内部的不正当性行为模式”
边境巡逻队在2018年2月知道脸书特工小组“我10-15岁”
在社交媒体集团被曝光后，该机构也遭到了广泛谴责，在这些媒体集团中，现任和前任特工被发现分享性别歧视和种族主义内容。
在一个名为“我10-15岁”的社交媒体群中，有多达9500名现任和前任边境巡逻员，成员分享一系列性别歧视和种族主义帖子。这包括一个似乎描绘了纽约众议员亚历山大·奥卡西奥-科尔特斯的例子，他直言不讳地批评特朗普政府强硬的移民政策，与一名被拘留的移民发生口交。
该机构也是联邦执法机构中女性比例最低的机构之一。根据a平等就业机会委员会2018年报告在2016财年，边境巡逻队只有5%的员工是女性。
国家妇女组织此前曾猛烈抨击该机构，质疑其女性员工的缺乏是否与允许“普遍存在的性别歧视和种族主义文化”恶化有关。
Kerlikowske说，他很清楚人们对边境巡逻局内部文化的担忧。
他说，像“我10-15岁”这样的社交媒体群体是“有问题的”“我对此一无所知，”他说。然而，他指出，仍不清楚有多少边境巡逻人员实际上张贴或参与了该团体内部共有的性别歧视和种族主义帖子。
然而，他说，他认为那些调查边境巡逻队内性别歧视、种族主义或性行为不端事件的人应该“建议对这些帖子采取纪律行动”...如果他们有证据的话。”
尽管最近对边境巡逻队内部的不当行为进行了审查，但这位前CBP领导人表示，他相信该机构领导层多年来已经采取了重大措施来确保问责。
2012年3月，该机构公布了《雇员行为标准》，该标准旨在明确表示任何形式的性骚扰和不当行为都是不可容忍的。
自那时以来，CBP还努力通过其年度学科概览报告2017年5月首次公布了2015财年的调查结果。
2015财政年度报告指出，该机构工作人员在该年目睹了三起与不当性行为有关的逮捕。在随后的2016年和2017年的每个财政年度，都有两起与不当性行为指控有关的逮捕。
然而，同样重要的是要指出，每份报告还包括数千起管理层认定不需要采取纪律行动的案件，包括许多被视为"无事实根据或毫无根据"的不当行为指控，报告没有明确区分报告了何种不当行为。
在2016财政年度，管理层"决定不采取纪律行动"的案件总数为3 828起，而在2017财政年度，这一数字达到3 806起。正如CBP在其2016-2017年报告中指出的那样，“这相当于从管理层认定2015财政年度不需要采取纪律行动的4，610起案件中总共减少了17%。
在一份针对边境巡逻文化的声明，此前已发送至新闻周刊CBP发言人杰奎琳·雷恩坚持认为，该机构的所有员工都“应该在上班或下班时以专业的方式行事”
“CBP在我们使命的每个方面都强调荣誉和正直，绝大多数CBP雇员和官员都以荣誉和卓越的品质履行职责，每天不懈地努力维护我们国家的安全，”她说，并补充说，今天的CBP“认真对待每一项不当行为指控，并全力配合对这些指控的调查。”
EXCLUSIVE: BORDER PATROL KNEW ABOUT HARROWING 'GAME OF SMILES' SEXUAL ASSAULT CLAIMS, BUT DID NOT TAKE ACTION, FORMER OFFICIAL SAYS
US. Customs and Border Protection leadership knew about an alleged sexual assault in which a female Border Patrol trainee claimed to have been raped by at least one instructor and multiple male peers at a graduation party—but they did not take proper action in the years following the incident, a former internal affairs chief has toldNewsweek.
James Tomsheck was head of internal affairs from 2006 to 2014 before being removed from the role amid criticism of his team's handling of allegations of inappropriate use of force by Border Patrol agents.
Tomsheck said that when he was first given the file on the alleged incident, which was believed to have taken place in the early 2000s, he was left horrified by its contents.
The 'game of smiles'
Placed on his desk within his first month on the job, he said the report detailed a "disgusting sexual predator event" in which a female Border Patrol trainee based at a facility near Charleston, South Carolina, claimed to have been invited to a graduation party at an instructor's temporary residence.
After being "encouraged" to drink a considerable amount of alcohol by her superiors, the woman said she had then been asked to participate in a game they referred to as the "game of smiles."
Former Border Patrol Agent Says She Was Raped at Training Academy
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"In great graphic detail, this game was described as a scenario wherein several men would sit around a table with their pants down. The female would then go under the table and engage in oral sex with different members, different persons sitting under the table," Tomsheck toldNewsweek.
"The intent of the game, as described in the report, you lost if you smiled while sitting at the table. This disgusting sexual predator event was documented in great detail," he said.
The report then went on to claim that the female Border Patrol trainee had been further sexually assaulted after falling unconscious "by virtue of alcohol consumption," Tomsheck said.
"Several of the instructors and others present at this party then engaged in sexual intercourse with her, constituting a first-degree sexual assault," he said.
Tomsheck said an internal investigation found reason to believe the alleged incident did occur. However, because the probe occurred around the same time that the U.S. government's immigration and national security arm was undergoing a major shake-up in the wake of the terrorist attacks of 2001, Tomsheck said it "laid dormant for several months that became years."
While the investigation would have previously been under the purview of the Immigration and Naturalization Service agency, which ceased to exist in 2003 with the creation of the Department of Homeland Security, it was later picked up again by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility, which had been tasked with professional oversight.
'Extremely disturbed'
For reasons unknown to Tomsheck the case once again appeared to go into a dormant state, according to the file. It later appeared to be shut down when the victim decided she no longer wished to move forward with the case.
"I was extremely disturbed by both the findings of the investigation and the lack of action on the part of Border Patrol managers, senior leadership, to hold accountable those responsible for those gross acts that occurred," Tomsheck said.
He said by the time he found out about the investigation, it had been closed after the victim had "chosen not to cooperate."
"The conflict I faced was respecting the privacy of the victim, who in the final report she had clearly indicated she wanted no further involvement with the incident. She stated within the investigation that she did not want to cooperate any further," he said.
Tomsheck said he believed it was important to respect the alleged victim's decision. However, he also felt that Border Patrol officials should have continued to investigate the case without her involvement and determine whether any disciplinary action should be taken.
The former internal affairs chief said he was reassured that the investigative findings had been provided to Border Patrol leadership, who would be responsible for determining what level of discipline would be appropriate for those found to have been involved.
As far as Tomsheck is aware, however, no Border Patrol instructors or trainees were ever "held accountable" over the incident. It is likely, he said, that those who did go on to have careers with the agency, would have either have been promoted or retired by now.
Tomsheck said he did not hear about the "game of smiles" case again until years later, in 2015, not long after he had been removed his role, when he spoke with a senior Border Patrol official who was also aware of the so-called "game."
The former internal affairs chief said he was surprised to learn from the official that the case had not been pursued because Border Patrol leadership had determined that the event had simply not occurred. Having read the previous report, which found reason to believe the incident had taken place, Tomsheck questioned how that could be true.
When Tomsheck laid out the findings in the report, he said the senior Border Patrol official "expressed great concern" about the information he relayed.
The term "game of smiles" is one that former Border Patrol Agent Jenn Budd had independently toldNewsweekthat she had been made aware of during her time as a trainee within the agency in the 1990s. She recently shared withNewsweekher ownstory of surviving an alleged sexual assault as a Border Patrol trainee.
Budd said she had been warned about the "game" in her first week at the agency's training academy in Glynco, Georgia, by female superiors. The "game of smiles" was also known to trainees as the "circle blow," she said.
While Budd said she had never heard of any specific incidents in which the "game" had unfolded, she had been warned about it by superiors who also warned her and other female trainees to watch their drinks around men within the Border Patrol.
Former Border Patrol agent Jenn Budd says her supervisors at the Border Patrol's academy in Glynco, Georgia only told her to file a complaint when she came forward with her rape allegations.
'A very disturbing pattern'
While Tomsheck said his concerns about sexual misconduct within the Border Patrol began with the "horrific" allegations outlined in the report he first read in 2006, they did not end there.
"That report was the first indicator that I became aware of sexual misconduct problems within the ranks of Border Patrol," he toldNewsweek. "Over the course of the next eight years, I came to understand that this was a very disturbing pattern and practice of abuse that existed within the ranks of the Border Patrol and appeared to be part of the Border Patrol culture."
During the final weeks of his role as CBP head of internal affairs before being removed from the post, Tomsheck said he sent a report to CBP's leadership, warning about the high rate of "sexual misconduct" allegations within the Border Patrol and within the CBP.
"I believe the number was well in excess of 30, close to 35 instances of frontline Border Patrol agents or CBP officers engaging in sexual misconduct that ran the gamut from unwanted touching, inappropriate sexual verbal comments to first-degree sexual assault," he said. "It was occurring within the ranks of U.S. Customs and Border Patrol at a rate that far exceeded that of the general population."
While Tomsheck said there were cases of Border Patrol agents victimizing migrants and asylum seekers or other people they engaged with at the border, many of the allegations made against Border Patrol workers included incidents that saw female agents being targeted.
Tomsheck said he forwarded the report outlining more than 30 sexual misconduct incidents alleged to have occurred in the roughly 18 months leading up to April 2014 to the recently appointed Commissioner of CBP, R. Gil Kerlikowske, and then-acting deputy commissioner of CBP, Kevin McAleenan. Neither Kerlikowske, who oversaw Tomsheck's removal from CBP's internal affairs office, nor McAleenan would have held the top jobs in the agency around the time the incident was alleged to have occurred.
McAleenan would eventually go on to become CBP commissioner under the Trump administration, before being quickly promoted to Acting Secretary of the Department of Homeland Security in April 2019, following the high-profileresignation of then-DHS chief Kirstjen Nielsen.McAleenan followed Nielsen out the White House not long after, stepping down from the role in October.
According to Tomsheck, the former internal affairs chief's report was quickly dismissed, with McAleenan's only response being to question why he had sent it out in the first place.
McAleenan has disputed that account, however, with a source close to him tellingNewsweekthat McAleenan has no recollection of receiving such a report or ever having such an exchange with Tomsheck.
This photo shows a US Border Patrol patch on a border agent's uniform in McAllen, Texas, on January 15, 2019. The Border Patrol has faced growing scrutiny over claims of sexism and sexual misconduct within the agency.SUZANNE CORDEIRO/AFP/GETTY
In a phone interview withNewsweek,Kerlikowske said he does remember receiving a report outlining concerns around sexual misconduct from Tomsheck. He also acknowledged that it was not the first time Tomsheck had tried to flag the issue with CBP leadership.
However, he said that his office was unable to verify where the internal affairs chief was getting his "data" from.
"I don't know where his perspective or information came from other than kind of anecdotal," he said.
Tomsheck has maintained that the information was far from "anecdotal," and insists that the report simply relayed confirmed allegations and convictions concerning Border Patrol agents and CBP officers.
Kerlikowske said he said that he decided to remove Tomsheck from his post because of the "clear lack of accomplishment in the years by internal affairs." The agency, he said, was "getting a whole new authority" at the time that required a "fresh perspective and new leadership."
Asked whether he believed, at the time, that there might be a problem of sexual misconduct within the Border Patrol, Kerlikowske said he "didn't try to separate out all the different problems of discipline" within the agency, "whether it was domestic violence, sexual assault or use of force."
He did acknowledge that the agency's struggle to recruit women then—and now—was "problematic," but saidhe had tried to promote effortsto do more to see women recruited across federal law enforcement bodies.
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Kerlikowske maintained that he had never heard of the "game of smiles." However, as has been noted, if the incident did take place, it would have occurred before his time in office.
The former CBP commissioner also toldNewsweekthat if Tomsheck was seriously concerned about sexual misconduct allegations within the Border Patrol agency, he should have done more to push the issue.
"If I would have gone to my chief and said, 'well, just let me tell you about this problem…what are you going to do about it chief?' I probably wouldn't have been kept in that position," he said.
Kerlikowske said, "Regardless of the number of sexual assault complaints, any assault complaint made against a CBP employee is significant and must be investigated thoroughly and all support for the victim from counseling, to leave (if asked for), transfer (if seen as necessary or requested by the victim) and any additional requests for assistance should [be] granted."
In addition to speaking with Kerlikowske and Meehan, who spoke on McAleenan's behalf,Newsweekcontacted but did not hear back from the following former CBP and Border Patrol officials for comment:
Robert Bonner, who was the head of CBP from March 2003, when the agency was created as part of the DHS, until December 2005;
Ralph Basham, who was CBP Commissioner from June 2006 to February 2009; and
David Aguilar, who served as Border Patrol Chief from July 2004 to January 2010 and who later served as Deputy Commissioner of CBP.
Gustavo de la Viña, who led the Border Patrol from 1997 until he retired in 2004, passed away in October 2009.
A spokesperson for today's CBP suggestedNewsweekcontact the U.S. Department of Justice Office of the Inspector General, given that the Department of Justice would have overseen the INS around the time the alleged incident was believed to have occurred.
The DOJ OIG did not respond to a request for comment fromNewsweek, while a spokesperson for the DOJ did not provide an on-the-record statement. The DHS and ICE, which would have been involved in the investigation, did not respond to requests for comment.
Border Patrol today
Tomsheck's account comes at a time when the Border Patrol is facing significant scrutiny over its handling of accusations of sexism and sexual misconduct.
In July, then-senior agent Gus Zamora, 51, was indicted on charges of sexual assault and kidnapping in the alleged assault of a junior female agent.
Despite the seriousness of the charges, Zamora, who is married to one of the agency's most high-ranking and celebrated female agents, Gloria Chavez, was allowed to retire from the agency following the indictment,according toThe New York Times.
Tomsheck said he was "not at all" surprised, however, tellingNewsweekthat he found the incident and the Border Patrol's response to be "entirely consistent with the pattern of sexual misconduct within the ranks of Border Patrol."
The agency has also faced widespread condemnation after social media groups were exposed in which current and former agents were caught sharing sexist and racist content.
In one social media group, known as the "I'm 10-15" Facebook group, which included as many as 9,500 current and former Border Patrol agents, members shared a range of sexist and racist posts. This included an illustration appearing to depict New York Rep. Alexandria Ocasio-Cortez, who has been an outspoken critic of the Trump administration's hardline immigration policies, engaged in oral sex with a detained migrant.
The agency also has one of the lowest percentages of women on its force out of any federal law enforcement agency. According to a2018 report from the Equal Employment Opportunity Commission, in fiscal year 2016, just 5 percent of the Border Patrol's employees were women.
The National Organization for Women has previously slammed the agency, questioning whether its lack of female workers might have something to do with allowing a "pervasive culture of sexism and racism" to fester.
Kerlikowske said he was well aware of the concerns that have been raised about the internal culture of the Border Patrol agency.
Social media groups like the "I'm 10-15" Facebook group, he said, are "problematic." "I didn't know anything about that," he said. However, he noted that it was still unclear how many Border Patrol agents had actually posted or engaged with sexist and racist posts shared within the group.
However, he said he believed that those investigating instances of sexism, racism or sexual misconduct within the Border Patrol should "recommend disciplinary action for those postings...if they have the proof."
Despite the recent scrutiny surrounding alleged misconduct within the Border Patrol, the former CBP chief said he believes the agency's leadership has taken significant steps over the years to ensure accountability.
In March 2012, the agency published its Employee Standards of Conduct, which seeks to make clear that sexual harassment and misconduct of any kind will not be tolerated.
Since then, CBP has also sought to set a higher standard for accountability and transparency with itsannual Discipline Overview Report, which first saw findings for fiscal year 2015 published in May 2017.
The fiscal year 2015 report notes that agency staff had seen three arrests related to sexual misconduct that year. In each of the following fiscal years, 2016 and 2017, two arrests were made in connection with sexual misconduct allegations.
However, it is also important to note that each report also includes thousands of cases in which management determined disciplinary action was not warranted, including many allegations of misconduct that were deemed to be "unsubstantiated or unfounded," with the reports making no clear distinction on what kind of misconduct had been reported.
In fiscal year 2016, the number of cases where management "determined disciplinary action was not warranted" totaled 3,828, while in fiscal year 2017, the number came to 3,806. As the CBP notes in its 2016-2017 report, "this equated to an aggregate decrease of 17 percent" from the 4,610 cases that management determined disciplinary action was not needed in fiscal year 2015.
Ina statement addressing concerns around the culture within Border Patrol, previously sent toNewsweek, CBP spokesperson Jacqueline Wren maintained that all of the agency's employees are "expected to conduct themselves in a professional manner while on or off duty."
"CBP stresses honor and integrity in every aspect of our mission, and the overwhelming majority of CBP employees and officers perform their duties with honor and distinction, working tirelessly every day to keep our country safe," she said, adding that today's CBP "takes every allegation of misconduct seriously and fully cooperates in the investigation of such allegations."
