Police Abuse

A Border Patrol Agent Pleads Guilty To Hitting a Migrant in the Face While in Custody

Jason Andrew McGilvray will resign from the federal agency.


A California Border Patrol agent has pleaded guilty and agreed to resign after assaulting a migrant in custody. 

According to a plea agreement filed in the U.S. District Court of Southern California, Calexico, California, agent Jason Andrew McGilvray encountered his victim, identified in court documents as B.S.S., on February 16 after the migrant attempted to cross the border by jumping a fence in Imperial County. The plea agreement states that McGilvray "willfully struck B.S.S. in the face" after the migrant was apprehended. McGilvray's actions, the plea agreement continues, were done "with intent to deprive B.S.S. of his constitutional right against unreasonable force during search and seizure." McGilvray is charged with violating Title 18, United States Code, Section 242, or the willful deprivation of rights under the color of law.

The plea agreement recommends that McGilvray serve one year of probation. The agreement also calls for his resignation and for an understanding that McGilvray would not seek new employment with federal law enforcement.

The Los Angeles Times reports that McGilvray has worked for Border Patrol since 2006.

This is an unusual outcome. As Quartz reported in July, Border Patrol agents have been arrested at "more than 5 times higher than the rate of arrests of state and local police" in the past year alone. But only two Border Patrol agents have been arrested for "mission-related misconduct" in that time, and none have been arrested for civil rights violations.

"The U.S. Border Patrol has fully cooperated with this investigation and we are satisfied to see the criminal justice system move quickly to bring this case to a conclusion," El Centro Sector Acting Chief Patrol Agent Ryan J. Scudder tells Reason.

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  1. As loyal Trumpista readers of Reason, are we supposed to cheer or jeer? I don’t know, my talking points memo hasn’t arrived yet.

    1. How about you shut the fuck up and allow the adults talk for a while.

    2. That’s rich coming from someone Media Matters pays to comment here.

  2. One down, nineteen-thousand-plus more yet to go.

  3. Pleaded guilty? Resigned? Punched someone?

    Can we get him to replace any of the numerous domestic law enforcement personnel who drop their gun and shoots someone on the dance floor, wander into the wrong apartment and shoot the occupant claiming she thought it was her apartment, or shoot innocent bystanders and then text their union rep while their victim bleeds to death?

    Obviously not an apples to apples comparison, but I’m pretty sure I could punch someone and keep my job.

  4. …an understanding that McGilvray would not seek new employment with federal law enforcement.

    Seems equally suited to local law enforcement anyway.

    1. The person he punched actually, objectively broke the law and he doesn’t appear to have retroactively generated a reason why he had to punch him. Unless he can take a bribe to keep his mouth shut this guy’s too good for domestic police work. Maybe a bouncer or security guard.

  5. You can understand the frustration. Mexicans aren’t paying for the wall. And now they’re jumping back and forth over it like it’s their wall.

  6. This border patrol agent is stupid.
    He should’ve explain the immigrant’s face hit his fist.
    That way the border patrol agent wouldn’t be in the shit storm he’s in now.

  7. “willfully struck B.S.S. in the face”

    If all the illegal alien border jumpers “migrants” took a shot to the face when caught infiltrating, it might slow down the recurrences.

  8. Certainly this fine agent deserves a pardon.

  9. Ah yes, the initiation of force in the Sanctuary State. This is so precious. Many thanks!

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  11. Sweet. It’s about time we started cracking down on police brutality. I’m sure we will soon see SJW’s lined up to defend the rights of all Americans that have been punched by a cop.

    I wonder if we’ll even have a volunteer police force in every city once the cops suspected of punching are on administrative leave pending their trials?

    Good day for America! Good day for Americans!

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