Thread: Former agent suing U.S. Border Patrol

Former agent suing U.S. Border Patrol

By Kevin Buey / Deming Headlight
Posted: 01/21/2011 09:17:28 AM MST

Gonzalez A former U.S. Border Patrol Agent of the El Paso Sector is suing the USBP for termination from the agency over his personal and political beliefs.

Bryan Gonzalez, 26, is represented by New Mexico's ACLU chapter in a suit filed Thursday in the U.S. District Court for the Western District of Texas. The USBP El Paso Sector covers West Texas and New Mexico.

Gonzalez alleges his October 2009 termination, shortly before expiration of his two-year probationary period, was for exercising First Amendment free speech rights while speaking to a fellow agent regarding drug legalization and immigration.

"Firing a public servant because of their political opinions is an egregious violation of the First Amendment," ACLU-NM Executive Director Peter Simonson said in a news release on Thursday. "We cannot require nor should we expect uniformity of thought within our law enforcement institutions. Purging the ranks of government employees who fail 'ideological purity' tests is about as un-American as it gets."

The ACLU-NM references an April 2009 incident in which Gonzalez was patrolling near Deming.

"Gonzalez pulled his vehicle up next to a fellow CBP (Customs and Border Protection) agent who was in the same vicinity," the press release reports. "In the course of a casual discussion concerning the drug-related violence in Mexico, Gonzales remarked that he believed that legalization of drugs would be the most effective way to end the violence. He also related to the other agent that, as a former dual U.S.-Mexican citizen, he understood the economic factors that drive migrants to cross the border without documentation to seek work."
Gonzalez was a dual citizen until age 18; his mother is a Mexican citizen.

"Word of Gonzalez's opinions on these matters quickly spread to his supervisor, who informed the Joint Intake Command in Washington, D.C.," the release continues. "Internal Affairs launched an investigation soon after, and the Border Patrol terminated Gonzalez in October 2009."

It was, Gonzalez told "The Headlight" on Thursday, "four or five months" after speaking with the other agent before he was contacted by Internal Affairs.

"It took quite a while," he said of the initial lapse of time, but, afterward, "They moved quite promptly to get rid of me."

There were not numerous interviews in the process, said Gonzalez, born and raised in El Paso but a Deming resident while with the USBP. "They asked about if I were a Socialist, if I had plans to overthrow the government. It felt almost like an interrogation, as if I were a criminal.

"I had received an Employee of the Month plaque not long before that. I was in high standing with my supervisor."

The termination letter, the news release continues, said "Gonzalez held 'personal views that were contrary to the core characteristics of Border Patrol Agents, which are patriotism, dedication, and esprit de corps.'"

Gonzalez contends his dismissal was not job-performance related.

"I was terminated not because my service was inadequate," he is quoted in the news release, "but because I hold certain opinions that are shared by millions of my fellow Americans. I am no less patriotic or dedicated to excellence in my work because I respectfully disagree with some of our current border enforcement policies. It was wrong for the U.S. Border Patrol to retaliate against me for exercising my free speech rights guaranteed by the very Constitution I swore to uphold."

ACLU-NM seeks compensatory and punitive damages and a court declaration the USBP violated Gonzalez' First Amendment right of free speech.

The Office of Chief Council for the CBP had no comment Thursday morning on Gonzalez' firing or on the suit, only an hour after it was filed.

But, said, Mark Hanning, deputy chief council in that office, a probationary employee of the USBP has little merit-system protection.

"During the probationary period," Hanning said in addressing general principles rather than Gonzalez' case, "in essence, the employee is an at-will employee and that employee can be terminated for any reason or no reason. He just cannot be terminated for an unlawful reason."

Unlawful reasons would include any related to race, gender, religion, age, marital status, ethnicity or national origin.

"They can be terminated," Hanning said, "for any performance issue or any misconduct issue."

Again addressing absence of merit-system protection of career employees, Hanning said a probationary employee is essentially an at-will employee.

"You can be removed," he said, "even if you're the greatest employee in the history of the U.S. Government."

Gonzalez, since termination, has returned to El Paso to live.

None of the three ACLU attorneys representing Gonzalez was available for comment Thursday.

Kevin Buey can be reached at kbuey@demingheadlight.com.

http://www.elpasotimes.com/newupdated/ci_17158292

When your in a position of public trust and your speaking openly views that go against your job mandate yes... conflict of interest. A justifiable cause for termination.

Plus he was fired before his 2 year probationary period was up from what I read.... the whole point of a probationary period is to allow a person to be fired for any reason during that time w/o Union involvement and such.

He also related to the other agent that, as a former dual U.S.-Mexican citizen, he understood the economic factors that drive migrants to cross the border without documentation to seek work."
Gonzalez was a dual citizen until age 18; his mother is a Mexican citizen.

This is EXACTLY why anchor babies should NOT be allowed to work for the Border Patrol!

Originally Posted by NoBueno

He also related to the other agent that, as a former dual U.S.-Mexican citizen, he understood the economic factors that drive migrants to cross the border without documentation to seek work."
Gonzalez was a dual citizen until age 18; his mother is a Mexican citizen.

This is EXACTLY why anchor babies should NOT be allowed to work for the Border Patrol!

I couldn't agree more!

Conflict of interest, no doubt.

But...but..."I was an employee of the month, I got a plaque and everything." Mark Hanning said "You can be removed even if you are the greatest employee in the history of the U.S. Government. You tell him Mark.

Originally Posted by pattyk

But...but..."I was an employee of the month, I got a plaque and everything." Mark Hanning said "You can be removed even if you are the greatest employee in the history of the U.S. Government. You tell him Mark.

but but MARK, Ignacio Ramos was nominated for Agent of the year...
go look at what the US government did to him

You are so right. Agents Ramos and Compean did prison time. This loser is whining about getting fired. I wonder how many illegals he let slip through because of his loyalty to mexico.