Constitutional Law

Ex-Border Patrol agent says opinions cost him his job

By By The Associated Press

ALBUQUERQUE, N.M. — The American Civil Liberties Union has filed a lawsuit for a former Border Patrol agent who claims he was fired — just weeks before his probationary period ended — because he expressed opinions about illegal immigration and drug legalization.

The lawsuit was filed Jan. 20 in federal court in El Paso, Texas, on behalf of Bryan Gonzalez, who was fired in September 2009.

Ramiro Cordero, the Border Patrol's special operations supervisor in El Paso, declined comment. Cordero said the agency doesn't discuss pending litigation.

Gonzalez said that while patrolling near Deming, N.M., in April 2009, he told a fellow agent during a casual conversation that he believed legalizing drugs would reduce violence in Mexico.

Gonzalez, who held dual citizenship in Mexico and the U.S. until he turned 18, also told his colleague he understood the economic factors driving immigrants to cross the border illegally.

The lawsuit claims that word of Gonzalez's comments spread to his supervisor, who notified agency officials in Washington, D.C. An internal affairs investigation followed, leading to the firing.

According to the lawsuit, 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."

Peter Simonson, executive director of the ACLU in New Mexico, called Gonzalez's firing "an egregious violation" of his First Amendment rights.

"We cannot require, nor should we expect uniformity of thought within our law enforcement institutions," Simonson said in a news release. "Purging the ranks of government employees who fail 'ideological purity' tests is about as un-American as it gets."

The lawsuit seeks a declaration by the court that the Border Patrol violated Gonzalez's right to free speech, along with compensatory and punitive damages.

Full post as published by First Amendment Center on January 24, 2011 (boomark / email).