U.S. Customs and Border Patrol fired probationary agent because of his opinions on ‘drug war’ and immigration
Bryan Gonzalez (right) at his Border Patrol Academy graduation.
EL PASO, T.X. — Today, the American Civil Liberties Union of New Mexico (ACLU-NM) filed a lawsuit in U.S. District Court for the Western District of Texas on behalf of a U.S. Customs and Border Patrol agent who was fired because of his personal political opinions. Plaintiff Bryan Gonzalez was an agent with two years of experience and excellent performance reviews when the Border Patrol terminated his employment after learning that Gonzalez held certain political opinions pertaining to drug legalization and immigration.
“Firing a public servant because of their political opinions is an egregious violation of the First Amendment,” said ACLU-NM Executive Director Peter Simonson. “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.”
Patrolling near Deming, New Mexico in April 2009, Gonzalez pulled his vehicle up next to a fellow CBP agent who was in the same vicinity. 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.
Word of Gonzalez’s opinions on these matters quickly spread to his supervisor, who informed the Joint Intake Command in Washington, D.C. Internal Affairs launched an investigation soon after, and the Border Patrol terminated Gonzalez in October 2009, just weeks before his probationary period expired. The termination letter stated that Gonzalez held “personal views that were contrary to the core characteristics of Border Patrol Agents, which are patriotism, dedication, and esprit de corps.”
“I was terminated not because my service was inadequate, but because I hold certain opinions that are shared by millions of my fellow Americans,” said Gonzalez. “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 a declaration by the court that the Border Patrol violated Bryan Gonzalez’s First Amendment right to free speech, as well as compensatory and punitive damages.
ACLU-NM Cooperating Attorney George Bach and ACLU-NM Co-legal Directors Julie Sakura and Reber Boult represent the plaintiff in this case.
FOR IMMEDIATE RELEASE
January 20, 2011
CONTACT: Micah McCoy, (505) 266-5915 Ext. 1003 or [email protected]
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Rothstein, Donatelli Firm, LLP
We need drones air power here in AZ lots of them. They are the eye in the sky for our ooerwvrked,under staffed border agents. Currently reported by the PHX news and the Border Patrol the drugs cartels are now using their own drones planes dropping their drug bails on the AZ side in isloated areas of the desert. But “The Man” and his followers in D.C has told us here “we have no problem with your Border in AZ” To add insult we have to witness MX Pres. Calderon weeping into the camera also admitting that 22,000 of his citizens have to date been systemactically mudered on the border areas as the cartels kill for control of the transfer points. and .Do you Gingo’s have more of those Americana dollas that you have gifted to us while you irgore your rown citizens and the safety and security in the USA.
All our religions, all our gaichents tell us to love our nieghbors..There are no illegal aliens.. we are are all created by one God..weare all people of this one earth(globe) No matter what color, shapeor size, no matter language we speak we are all member of one race..God only created one Race The Human Race..If you cannot acceptthis fact than you cannot accept your God.