An alarming case is unfolding at the Otay Mesa Detention Facility in San Diego, where Shantal Hernandez, a case manager for the Office of the Immigration Detention Ombudsman (OIDO), has been accused of having a sexual relationship with a detainee, according to the Department of Justice, Southern District of California. The shocking allegations include that Hernandez made a sex tape with the detainee, raising significant questions about the standards maintained within the facility.
As a case manager for OIDO, an independent office within the Department of Homeland Security (DHS), Hernandez was tasked with managing the complaints of ICE detainees in various detention facilities across the San Diego region. The office was established by Congress to provide oversight of immigration detention facilities and to assist individuals with complaints about potential violations of immigration detention standards or other misconduct by DHS or contract personnel, as reported by ABC 10 News.
However, agents with the Department of Homeland Security's Immigration and Customs Enforcement (ICE) Office of Professional Responsibility (OPR) received information suggesting that she was spending an unusual amount of time with a detainee, identified in court documents as I.K.N., at the Otay Mesa facility, and an investigation was launched. Recent charges allege that the agents were able to obtain phone records and determine through a series of sexually explicit phone calls and electronic communications that Hernandez and I.K.N. had engaged in an ongoing relationship, including sexual acts. The alleged abuse of power spiraled further when it was revealed that Hernandez had told I.K.N. she had recorded a video of one of their sexual encounters.
Officials executed a search warrant on Hernandez's property and reportedly found a copy of the video. Acting U.S. Attorney Andrew Haden reacted strongly to the charges against Hernandez, stating, "The alleged conduct cannot and will not be tolerated. Those in a position of authority over immigration detainees must be held to the highest standard." Jeffrey Gilgallon, special agent in charge for the Office of Professional Responsibility (OPR), echoed the same sentiment, affirming that "OPR is fully committed to enforcing ICE's zero-tolerance policy against sexual abuse in our detention facilities and aggressively pursuing those DHS employees who violate the law, no matter their role or title," as reported by ABC 10 News.
Hernandez has been charged with sexual abuse of a ward, and if found guilty, she faces a maximum penalty of fifteen years in prison and a $250,000 fine. Her initial appearance in federal court occurred on August 10, 2023, and she is scheduled to appear for a detention hearing before U.S. Magistrate Judge Jill L. Burkhardt on August 15, 2023.
