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House Republicans on the House Oversight and Homeland Security Committees are investigating whistleblower claims that Customs and Border Protection (CBP) may have retaliated against a top Border Patrol official after testifying before the two committees — a claim the agency called “categorically false.”
“We write with deep concern that U.S. Customs and Border Protection (CBP) officials may have retaliated against a witness in a congressional investigation,” Oversight Committee Chairman James Comer, R-Ky., and Homeland Security Committee Chairman Mark Green, R-Tenn., said in a letter to Acting CBP Commissioner Troy Miller.
Lawmakers say they have received an allegation regarding El Centro Border Patrol Sector Chief Gregory Bovino. The whistleblower alleges that after Bovino concluded a transcribed interview with the commissions on July 12, he was “relieved of his command of the El Centro Sector and reassigned to a vague, indefinite, and temporary headquarters assignment.”
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U.S. Representative and Committee Chair James Comer, R-Ky., speaks at a House Committee on Oversight and Accountability hearing on the criminal investigation of the Bidens, on Capitol Hill in Washington, D.C., July 19, 2023. (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images)
“The whistleblower indicates that this pattern is consistent with a common CBP practice of getting rid of employees deemed problematic by senior officials by forcing those employees to relocate, retire or resign out of frustration,” Comer and Green said in the letter. “Given the suspicious timing of the transfer that coincides with Chief Bovino’s cooperation with a Congressional investigation, we are requiring CBP to account for the current status of Chief Bovino’s employment and assignment within the U.S. Border Patrol, provide documents and notices pertinent to any transfer and the reasons for any related employment action, and inform the Committee accordingly.”
According to the whistleblower, this was not the first time Bovino had upset officials. In January, Comer invited Bovino to testify, but was not allowed to. The letter states that the whistleblower claims he gave testimony that was “unsatisfactory” to CBP officials and for which he was verbally reprimanded by the leadership.
Following the July 12 interview, lawmakers said Bovino was immediately informed by a senior Border Guard official “that he was relieved of command of the El Centro sector effective immediately and would thereafter report to CBP headquarters in Washington, D.C. for a temporary assignment of indefinite nature and time.”
“The whistleblower describes that temporary assignment as one with no clear mission, no clear purpose, and no timeline of completion,” Comer and Green wrote.
In their letter to Miller, Comer and Green warned that they would not tolerate any retaliation against congressional witnesses.
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“Any retaliation against witnesses who cooperate with Congressional investigations will not be tolerated, especially where that retaliation may have been committed by government officials. In addition, obstructing Congressional investigations is a crime and will not be tolerated,” Comer and Green warned.
However, CBP denied the whistleblower’s claims of retaliation.
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Chairman Mark Green, R-Tenn., holds a press conference ahead of the House Homeland Security Committee hearing to “investigate Secretary Mayorka’s dereliction of duty,” Wednesday, June 14, 2023. (Tom Williams/CQ-Roll Call, Inc via Getty Images, File)
“This allegation is categorically false,” a CBP spokesperson said in a statement to Fox News Digital. “This temporary personnel assignment is entirely separate from any Congressional testimony or action and was pending prior to the Chief’s transcribed interview.”
CBP says it is continually reviewing requirements and resources, including personnel, to position the agency to carry out its mission. In addition, other sector chiefs have also been temporarily assigned to the Washington headquarters, reflecting ongoing operational needs.
Bovino’s reassignment also came amid a major change in the leadership of the Department of Homeland Security and Customs and Border Protection (CBP) as the agencies addressed an ongoing crisis on the southern border — and made sweeping changes to coincide with the end of the Title 42 public health order on May 11.
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Border Patrol Chief Raul Ortiz retired at the end of June and was replaced by Del Rio Sector Chief of Border Guard Jason Owens. The agency also announced that Acting Deputy Commissioner for Customs and Border Protection (CBP) Benjamine “Carry” Huffman would retire and be replaced by Executive Assistant Commissioner for the Office of Field Operations Pete Flores. Meanwhile, Yuma and San Diego Sectors have also seen new chief patrol officers. The agency also stressed that Bovino was sent to CBP headquarters earlier in 2021.
In addition to CBP, acting director of Immigration and Customs Enforcement (ICE) Tae Johnson retired and was replaced by Patrick Lechleitner. At DHS itself, Assistant Secretary John Tien was replaced by Acting Assistant Secretary Kristie Canegallo.
In their letter to Miller, Comer and Green ask for all documents and communications pertaining to Bovino’s employment and those relating to his appearance as a witness. They also want a briefing for July 28.
Adam Shaw is a political reporter for Fox News Digital, primarily covering immigration and border security.
He can be reached at [email protected] or at Twitter.
