By Julia Ainsley -
NBC News
The Border Patrol's second-highest-ranking officer has opted to retire amid allegations of sexual misconduct toward agency employees, according to two sources familiar with his departure.
Joel Martinez, who took over as acting deputy chief in January, is being investigated by the Office of Professional Responsibility (OPR) of Customs and Border Protection (CBP) after several employees accused him of inappropriate sexual conduct, while working in the border sector of Laredo, Texas, the sources indicated.
A Border Patrol agent, in West Enfield, Maine, on August 1, 2018. Scott Eisen / Getty Images file
Sources familiar with Martinez's departure said the women alleged that he had made aggressive comments about his desire to have sex with them, and that they felt threatened and pressured to have sex with him.
The Washington Post was the first to report that Martínez had been suspended, but did not identify the reason.
Asked about Martinez, a CBP spokesperson told NBC News:
"We do not tolerate misconduct within our ranks
. "
"When we discover any suspected or potential misconduct, we immediately refer it for investigation and cooperate fully with any criminal or administrative investigation. This is true whether the alleged misconduct occurs on or off duty. Federal privacy laws "they prohibit talking about individual cases," the spokesperson said.
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Upon retirement, Martinez would not be subject to punishment by CBP OPR unless the office finds reason to make a criminal referral to the Department of Justice.
Joel Martinez, Acting Second Chief of CBP.CBP
A little more than a year ago, Tony Barker, the number three in the Border Patrol, left the agency after allegations surfaced that he had pressured an employee to perform sexual favors for him.
Barker denied the allegations, calling them "totally and unequivocally false."
A CBP employee who alleged misconduct by Barker told NBC News, on condition of anonymity, that OPR
does not go far enough
to stop bad behavior because employees who are accused can simply leave the agency. without having to face scrutiny for their actions.