March 14, 2023 - A federal grand jury in the Western District of Texas returned a three-count indictment that was unsealed yesterday, charging a U.S. Customs and Border Protection officer with deprivation of rights under color of law and the falsification of a document in a federal investigation.

According to the indictment, Miguel Delgado Jr. used excessive force in two separate incidents that occurred on or about June 15, 2020, and Oct. 20, 2019, while he was on duty at the Bridge of Americas Port of Entry in El Paso, Texas. As alleged in the indictment, both victims suffered bodily injury as a result of Delgado’s unlawful use of force. The indictment also charges Delgado with including false statements in a report about one of the incidents.

If convicted, Delgado faces a maximum sentence of 10 years in prison for each of the use of force incidents and a maximum of 20 years in prison for submitting a false report about one of the incidents.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney for the Western District of Texas Jaime Esparza, Special Agent in Charge Jaime Ordonez of the Department of Homeland Security Office of Inspector General and Special Agent in Charge Gilberto Carreon Jr. of the U.S. Customs and Border Protection’s Office of Professional Responsibility made the announcement.

Assistant U.S. Attorneys Patricia Aguayo for the Western District of Texas and Trial Attorney Olimpia Michel of the Civil Rights Division’s Criminal Section are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Attachment(s): Download Indictment.pdf

Source: DOJ Release