The Border Patrol agents accused of “whipping” Haitian migrants last September have been cleared of criminal wrongdoing — but remain under an administrative investigation that could cost them their jobs six months after the initial probe began, The Post learned Tuesday.

The administrative investigation is being conducted by Customs and Border Protection’s Office of Personal Responsibility (ORP), according to Brandon Judd, president of the National Border Patrol Council.

“The [Department of Homeland Security’s] Office of the Inspector General, they had first crack at it,” Judd told The Post. “They determined there was no criminal activity that was done so they closed out their investigation.”

Judd insisted that the agents “were doing nothing but what they were told to do. They were given orders.”

“Everything that they were doing, they were acting under the color of law,” he added. “They were placed there specifically to stop people from crossing the border.”

If OPR finds that the agents violated CBP policy, they could face termination. It was unclear whether that investigation had been completed Tuesday.

The Department of Homeland Security told The Post it “will share the result of the investigation once it is complete and provide updates, as available, consistent with the need to protect the integrity of the investigation and individuals’ privacy.”

The Department directed The Post to the most recent published update in the investigation that was shared in November, which revealed that the inspector general’s office had kicked the matter to OPR. CBP did not immediately respond to The Post’s request for comment.

At the time, DHS revealed the CBP office was reviewing videos and photos as well as interviewing witnesses, employees and agency leadership related to the investigation. 

“OPR has followed customary process in its investigation of this matter,” the statement from DHS read at the time. “Once complete, the results of the investigation will be provided to CBP management to determine whether disciplinary action is appropriate and, if so, the specific discipline to be imposed.” 

It’s unclear whether OPR has finished its review of documents or interviews. CBP did not immediately respond to The Post’s request for comment. 

The investigation stems from claims by immigration activists and Democratic politicians that multiple Border Patrol agents on horseback used split reins to “whip” Haitian migrants as they attempted to cross into the US near Del Rio, Texas, in September.

While images of the incident caused outrage on social media, some witnesses have defended the agents’ actions and said they acted appropriately. 

“Some of the Haitian men started running, trying to go around the horses, and that’s kind of when the whole thing happened,” photographer Paul Ratije told local TV station KTSM in the aftermath of the incident.

“I didn’t ever see them whip anybody, with the thing,” he said of the reins. “He was swinging it. But I didn’t see him actually take — whip someone with it. That’s something that can be misconstrued when you’re looking at the picture.” 

Days later, DHS Secretary Alejandro Mayorkas revealed the agents involved had been assigned to desk duty for the duration of the probe. He added that the matter was being investigated with “tremendous speed and force” and would be completed within a “matter of days, not weeks.” 

While President Biden vowed the agents would “pay” for their alleged actions at the time, some have speculated that they will only receive minimal punishment due to lack of evidence. 

It is unclear how much longer the investigation will drag on. In January, one DHS official indicated the department might never release its findings, telling the Washington Examiner that they would make “the administration look terrible.” 

“They essentially convicted the mounted agents based upon a lie, which the investigation after 120 days would surely have revealed,” the official said.