Border Patrol agent indicted on five counts, could be targeted for being whistle-blower

Dispatch Report

A Douglas Border patrol agent was arrested in connection with bringing an illegal immigrant into the United States.

Ephraim Cruz, 32, was arrested Friday at the Douglas Border Patrol Station after a federal grand jury handed a five-count indictment against Cruz on Wednesday.

Cruz was released on his own recognizance after his initial appearance before Magistrate Hector C. Estrada.

Cruz stated he could not comment due to litigation.

The indictment alleges that Cruz knowingly brought an illegal immigrant into the U.S. He is also charged with harboring, concealing or shielding an illegal immigrant and with transportation of an illegal immigrant, according to a press release from the United States Attorney's Office.

Ephraim Cruz is the same border agent that filed a memorandum to his supervisors that outlined his concerns about mistreatment of illegal immigrants and health and safety issues on March 21, 2004.

The memo stated that "aliens in our custody are not being fed. On one occasion, a juvenile as feeling week and broke out in large red bumps throughout his body, allegedly due to lack of nutritional sustenance. That young boy had been here nearly twenty hours without a meal."

The memo further stated that moments later, a young teenage girl had been granted humanitarian voluntary return after complains of feeling faint.

"That girl had been here three shifts also without a meal," the memo stated.

According to the Tucson Citizen, Ray Ybarra of the American Civil Liberties Union office in Douglas called for an investigation to see whether Cruz is being targeted for being a whistle-blower.

"It's definitely something to be concerned about when the only Border Patrol agent to have spoken out about treatment of migrants has an indictment put out against him," Ybarra said.

The Tucson Citizen also reported Ybarra filed a Freedom of Information Act request with the Department of Homeland Security earlier this year to see if the agency has taken any action to investigate Cruz's complaints, but hasn't heard back yet, he said.

The five counts which Cruz has been indiced violate Title 8, U.S. Code, Section 1324 and Title 18, U.S. Code, Section 2 and 4.

Two other counts allege that Cruz failed to report the illegal entry and that he aided and abetted the entry of an illegal alien.

If Cruz is convicted on Title 8, he could face up to 10 years in prison, a $250,000 fine, or both.

If he is convicted on Title 18, he could face up to four years in prison, a $250,000 fine or both.

The investigation preceding the indictment was conducted by the Office of the Inspector General, Department of Homeland Security.

The prosecution is being handled by Cynthia R. Wood, Assistant U.S. Attorney, District of Arizona.

Cruzis currenty on unpaid leave.