Union criticizes punishment of Border Patrol agents

The union representing Border Patrol employees lashed out against the agency's leadership, the Homeland Security Department, a member of Congress and the Office of Special Council over punishments given to several agents for accepting kickbacks while stationed on the Arizona-Mexico border.

Justice Department and OSC investigations uncovered evidence of Border Patrol agents accepting credits, cash rebates and other kickbacks from lodging facilities while claiming the full per diem amount for reimbursement. Receipts reflecting full payment of the per diem were provided by the hotels or landlords.

Justifying the kickbacks as an effort by small innkeepers and landlords to compete with larger hotels that offered complimentary breakfasts and evening snacks to its tenants, the National Border Patrol Council said the OSC report wrongly implies corruption.

On Thursday, T.J. Bonner, president of the council, criticized the punishments as the actions of a "mindless bureaucracy" more concerned with appeasing politicians than following the law and treating employees fairly.

"No one has ever been able to explain to me the difference of checking into one of the hotels in Washington, D.C., where they'll give me a free breakfast, and someone giving you the money to go buy the same thing," Bonner said. "All of those who are responsible for this witch hunt and miscarriage of justice … owe these dedicated men and women a sincere apology for unjustly smearing their reputations and causing them unnecessary anguish."

Bonner defended the agents' acceptance of money from landlords with a provision in the 2002 National Defense Authorization Act that allows federal employees to keep promotional items given to them by travel and transportation providers. The law was enacted specifically to allow employees to use frequent flyer miles gained on government travel for personal use.

Bonner acknowledged that legitimate instances of corruption occurred - such as agents accepting lower rents and inaccurately reflecting the standard per diem rate on reimbursement forms - but he said it was legal for agents to accept cash as long as they used the money for food.

Special Counsel Scott Bloch said in a statement that he was surprised by the council's dismissive tone toward the charges of corruption that resulted in the punishment of 45 agents for accepting kickbacks with their lodging arrangements.

"Lengthy investigations revealed widespread fraud and potential criminal misconduct," Bloch said. "I am particularly puzzled by the [Border Patrol Council's] defense in this case of these law enforcement agents taking cash kickbacks, sometimes in the hundreds of dollars."

OSC last week criticized earlier investigations of the charges, saying they did not scrutinize management's knowledge of the kickbacks.

The kickbacks occurred when the Border Patrol was boosting the number of agents assigned to the border to slow the tide of illegal immigration, including sending about 100 temporary agents a month to the area starting in 1999.

U.S. Customs and Border Protection spokesman Mario Villarreal said that the Border Patrol cooperated with the investigation conducted by both the Justice Department's inspector general and the subsequent decision by a CBP panel to punish 45 agents for taking the housing kickbacks. He said union officials have had opportunities to contest the agents' punishments - most of which were 30-day suspensions.