Ex-agent’s $5,000 Immigration ‘Papers’ Scam Ends in 1.5-year Sentence

A former US Border Patrol agent who worked at a processing center in Texas was sentenced to one and a half years in jail on Thursday after pleading guilty to bribery of a public officer, according to the court docket.

Fernando Castillo’s punishment originates from a 2023 federal criminal case in which the former agent allegedly provided a migrant an “immigration benefit” in exchange for $5,000, according to court documents.

According to federal authorities, the 42-year-old US Border Patrol agent in El Paso requested a bribe from a migrant from El Salvador and Mexico in exchange for immigration documentation that would allow the individual to remain in the United States. Castillo also “made false entries in the individual’s immigration file and printed the fraudulent document,” authorities claimed.

“A federal officer who sells his office for personal gain shatters public trust in government officials,” said United States Attorney Jaime Esparza in a statement. “Unfortunately, Castillo’s act unfairly tarnishes the reputation of honest cops who dedicate their lives to serving the public. We are eager to hold officers like Castillo accountable.”

According to court documents, Castillo’s original allegations of “alien smuggling” and “wire fraud and deprivation of the right to honest services” were dismissed.

Castillo reached a plea deal in mid-January, and approximately two weeks later, he pleaded guilty to bribery of a public official, court records show. The specifics of the plea agreement are unknown since the records are not available online, according to the court docket.

Castillo’s attorney, Randolph Ortega, told CNN via email that he would not be providing a copy of the plea bargain and had yet to respond to a request for comment.

Castillo’s time with Border Patrol, a department of US Customs and Border Protection, concluded in July, CNN previously reported.

“CBP takes all allegations of misconduct seriously,” CBP Office of Professional Responsibility Acting Special Agent in Charge Rosa P. Mendez-Mier stated in a press release.

Castillo’s punishment includes a year of supervised release and a $100 special assessment.

Surveillance Video is Important to the Inquiry

The 2023 probable cause affidavit supporting Castillo’s arrest warrant characterized the unnamed migrant as a victim who is both Mexican and El Salvadoran and has no criminal background. It stated that the migrant had faced US immigration authorities twice, but no charges were filed.

An investigation was initiated when the migrant informed border patrol authorities about Castillo’s alleged acts, according to the affidavit.

According to the affidavit, the migrant, who was slated to be repatriated to Mexico on June 21, informed investigators that Castillo offered to transport them to an El Paso port of entry for repatriation.

According to the affidavit, Castillo stopped along the way and offered the migrant $5,000 in exchange for “papeles,” or immigration documents. After the migrant arrives in the United States, the “papers” will “no longer appear in any system” after a few days, and the migrant will be “essentially free to remain in the US.”

The migrant informed detectives that during the stop, Castillo opened their heat-sealed personal property bag and reached inside, according to the affidavit. According to the migrant, the agent then transported them to a second processing center, where Castillo placed them in a holding cell and resealed the property bag.

According to the affidavit, surveillance video at the second processing centre captured a uniformed border patrol agent matching Castillo’s physical description escorting the migrant inside the facility.

According to the complaint, Castillo then escorted the migrant to an El Paso port of entry for his scheduled voluntary return to Mexico.

According to the complaint, after arriving in Mexico, the migrant unzipped their property bag to buy shoelaces and realised that $500 “had been stolen.” After learning this, the migrant returned to the port of entry and informed border patrol authorities, who began an inquiry, according to the report.

When detectives later checked the property bag, they discovered it had $330 and 3,700 Mexican pesos, despite the fact that the bag’s tag stated it held $830 and 3,725 Mexican pesos, according to the criminal complaint.

Investigation Exposes Call Records and the Agent’s Meeting with the Migrant

Following the encounter, the migrant received many calls from a “blocked number” believed to be Castillo, according to the affidavit. Investigators also taped calls made while interviewing the migrant, in which a caller identified as Castillo described how the migrant would acquire immigration papers, when he would accompany them back into the US, and when the money would be exchanged, according to the affidavit.

Castillo was charged with wire fraud in relation to the purported calls, according to the indictment.

Investigators also conducted an audit of the migrant’s immigration file, which tracks all agent-generated actions in the system, and discovered Castillo had changed the migrant’s file from a “Voluntary Return” to Mexico to a “Notice to Appear,” indicating the migrant would have a “legal reason to enter the United States,” according to the affidavit.

According to the probable cause document, federal investigators watched Castillo leave his home in June and meet the migrant at an El Paso port of entry.

With the “Notice to Appear” form in hand, he led the migrant through the “voluntary removal area” before exiting through a “fenced-in” section, according to the document. The $5,000 was not exchanged, according to the probable cause document, because Castillo reportedly instructed the migrant to keep the money until they arrived at the car.

During his interview with federal investigators, Castillo denied accepting the migrant’s $500 but acknowledged to modifying their file, forging border patrol agent signatures, and transporting the fraudulent document to meet with the victim, according to the affidavit.