see also: in Archives:   Letter from the FBI: Investigation of SPA Luis Aguilar’s Death (pdf - 587 KB.)   OBP Response to Fox News Report   Interview with the Chief on the web:   Border Patrol Agent Sentenced for Role in Smuggling Ring

Letter to the Editor

(01/30/2008)On January 18, 2008, former Border Patrol Agent Jose Olivas Jr. of the San Diego Sector was sentenced to three years in federal prison for his involvement in alien smuggling activities. Shortly thereafter, the New York Times published an article titled "Border Patrol Agent Sentenced for Role in Smuggling Ring." (

Chief Aguilar drafted a letter to the New York Times requesting a correction to the article. Chief Aguilar requested that a change to the article be made to reflect that agents were present at the sentencing in solidarity to demonstrate their disdain for Jose Olivas’ violation of the trust and oath he was entrusted with, and to observe justice deserved being served under the judicial system that we serve and uphold.

On January 23, 2008, the New York Times revised the article to reflect a more accurate version of the events. The following is Chief Aguilar’s letter to the New York Times:

To the editor: On Saturday January 19th your newspaper ran an article on the trial and conviction of an ex-Border Patrol Agent that was tried, convicted, and sentenced for alien smuggling in California. It is unfortunate that your article misrepresented and depicted the presence of United States Border Patrol Agents in the courtroom as their showing support for the criminally convicted individual. This assertion is wrong. The Agents in the courtroom represented a range of seniority in service that were there in solidarity to demonstrate their disdain for the convicted individual’s violation of the trust and oath he was entrusted with and to observe justice deserved being administered under the justice system that we serve and uphold. It is important to note that Presiding Judge Moskowitz praised our organization’s professionalism and well-respected reputation. The judge added that the disgraceful conduct should not taint our agency’s reputation. The men and women of the Border Patrol serve proudly, relentlessly, with high integrity and do not tolerate corruption. It is ironic that your article misrepresented our agents’ presence against corruption on the same day that one of our agents lost his life protecting this country. On behalf of the men and women, and their families, that dedicate their lives to protecting this country I ask that you correct this unjust misrepresentation. David V. Aguilar Chief United States Border Patrol Washington, D.C.

Field Communications Branch OBP-FCB@cbp.dhs.gov