Former border agent says he was fired for drug-war comments

A former U.S. Border Patrol agent says he was fired for expressing his opinions on the drug war in Mexico while on the job.

Bryan Gonzalez, the former agent, alleges in a lawsuit filed last week that he was fired for telling a fellow agent that the drug-related violence in Mexico would end if the United States legalized drugs. He made the comments in April 2009 during a patrol along the U.S.-Mexico border in New Mexico.

According to the complaint, available here, Gonzalez's remarks prompted an internal affairs investigation at the U.S. Customs and Border Protection office in El Paso, which found that he held "personal views that were contrary to the core characteristics of Border Patrol Agents, which are patriotism, dedication, and esprit de corps."

The suit names his former supervisor and was filed in U.S. District Court in West Texas.

Gonzalez's case, in which he is represented by the American Civil Liberties Union in New Mexico, has been publicized by Law Enforcement Against Prohibition, a group that supports drug legalization. A press officer at the U.S. Customs and Border Protection office in El Paso declined to comment on the Gonzalez complaint, citing the pending litigation.

Gonzalez's case could prove "tricky" in court because he was fired one month before his two-year probationary period as an agent was to end, Micah McCoy, a spokesman for the ACLU in New Mexico, said in a telephone interview. Yet the ACLU is convinced Gonzalez's 1st Amendment rights were violated, he said.

"I think it was very clear that he was being fired simply because of the content of his political opinions. There was no misconduct or anything else cited in his termination. It was very explicitly chalked up to opinions that they considered contrary to the core beliefs of the Border Patrol," McCoy said. "Bryan Gonzalez, our plaintiff, would disagree with that strongly. His belief would be that having an opinion is very patriotic."

-- Daniel Hernandez in Mexico City

Photo: Former U.S. Border Patrol agent Bryan Gonzalez, right, at his academy graduation.

Comments

[Ralph]

What kind of country would this be if people who work for the government were allowed to publicly state how they feel about government policies they are hired to enforce? It think it would be called a democracy. Apparently it is the government's position that opinions about government policy should be openly expressed only by those with no direct knowledge of how those policies are working. I don't necessarily agree with the agent's position, but absolutely defend his right to state it.

[sam]

ah so freedom of speech only relates in some american peoples thoughts, not in practice,and only aplies to those who are alowed to voice their thoughts after being given the ok,if not its the sack.
then i can only think that when we hear so much from americans on this subject they mean every-body else must have freedom but when it comes to your own throw him to the wolves.
double standards,or is radical islam getting a bigger foot hold sounds as though it is.
so judging by some who thinks he should be fired,i bet you would or have jumped on your freedom of speech quick enough when needed.
so all you people who want him gone do not have the right or qualification to speak on how other countries treat others of course if you do or did it could only be understood,as being from people who have no true understanding of freedom of speech and just spout it for some-thing to say.
thank you.

[BLUEWATER]

When I was a Firefighter I saw a guy fired for talking back to
a Supervisor and all he said was, "dont razz me."
He was on a bus home the next day ok so I learned that insubordination
just isnt worth it. This guy knew the RULES and wanted to break
them anyway by saying things that are RUDE! He works to protect
America from Drug Invasion and then he goes and says he wants
DRUGS TO BE LEGALIZED do you know what kinds of drugs that
means? It means METH HEROIN WEED COCAINE AND LSD ok
and many many OTHERS!!! FIRE HIM!!!

[carlos]

why are the mafia politicians in denial? the CIA has been caught importing cocaine, heroin into the United States, we are tired of hearing lies, we know about the rampant corruption, they fired him because he voiced his opinion, there was no misconduct, why should we allow our career politicians to dismiss our Constitution, I hope he get millions of dollars in compensation for such a gross abuse of his human rights, I don't care what happens the career politicians should get their hands off the Constitution. we are the guardians of our own precious freedoms.

[Warren]

I support the ACLU in this action. The guy has the right to express his opinion.

[Francis1]

Unbelievable that a person can be fired for speaking the truth. Maybe if more police, agents, etc. said the same thing (which I know from speaking to them that many believe) we could end the war on drugs & it's bottomless pit of $$$ and violence with no results.

[steve]

Rube, get your Mexico's straight. There is no other alternative at this point, legalize drugs. We have lost this war and it is now a joke. We are broke, so tax it to no end, invest that money to reduce the deficit, pay for rehab and ship back every illegal in the US. When does it soak in to the losers in Washington, this is one more recent war we lost and wasted trillions on.

[Luizito]

What happened to FREEDOM OF SPEECH ?

[ketrout]

My opinion is that the Border Patrol did the right thing in firing the Agent. He should have kept his person opinions to himself.

He is there as a agent who took an oath to defend our country. PERIOD!!!

[Elegabalus]

Connecting the prohibition of drugs in the US with drug-related violence in Mexico may indeed be "against core characteristics of Border Patrol Agents, which are patriotism, dedication, and esprit de corps" but it is in keeping with other core characteristics of decent human beings, such as honesty, accuracy, and intelligence.

[sam]

em sounds a bit big brother,so even though you do your job as it should be done your thoughts spoken to another officer relating to what seems a sujestion only gets you the sack,what would they have done to him if he had come up with the idea to search all whites who wished to cross the border who have guns to sell,hard drugs must be stopped not only for the damage they do but where the money ends up with terrorists.
he is not alone as far as drugs being made legal,other countries have had the idea but i dont think any of them that i know of have been treated in this way could be he has opened the door to those who wish all drugs to be made legal and has put the cat among the birds.
its to be hoped that their are no trees and ropes to hand.
thank you.

[Angela Birch]

Joe. You really must learn the difference between New Mexico and Mexico. Being ignorant isn't cute it is just ignorant.

[Joe]

What can be expected of a security organization so inept, it hires mexicans to patrol the mexican border.

[inbox1909]

Who does this agent think he is, advocating for an end to the drug war? Next he'll be saying former presidents Clinton and Bush should go to jail for trying pot when they were younger. Crazy talk.

[inbox1909]

Everyone knows a true patriot expects the government to fill our prisons with non-violent offenders, to kick doors down if you are suspected of growing weed, and to dictate what you can or can't put in your body.