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The Greenline

The State of the Union

NBPC Response to CBP's Use of Force Report

The American people have been demanding a secure border for decades. It is sad that this administration and Commissioner Kerlikowske continue to give credibility to the pro-illegal immigration groups seeking to vilify agents for short-term political gains. Today’s release of lethal use of force numbers demonstrates exactly what the National Border Patrol Council has been stating for years. Our agents are highly trained professional officers who reluctantly use force when no other alternative in available.

“Our agents and all law enforcement officers operate in a world of political agendas and armchair quarterbacking,” said NBPC vice president and spokesman Shawn Moran. “But our jobs are dangerous and we are forced to make split-second decisions every day. We stand strongly behind our agents when they have to make the life or death decision to use lethal use of force.

“There has not been one policy enacted by CBP that would have caused a reduction in the use of force,” Moran added. “What has been consistent is the professionalism and restraint demonstrated by our agents. However, instead of recognizing this, the commissioner wants to claim his call for more transparency is responsible for the reduction. The NBPC has been calling for greater transparency for years, but transparency is just a word. At the end of the day it is our agents who are putting their lives on the line, enforcing our laws and hoping nothing goes wrong because they know if it does, they will get little support from the agency or the administration.

“We need to stop the vilification of our agents and all law enforcement officers,” Moran said. “As the union that represents the men and women of the Border Patrol, we will vigorously defend our agents’ right to use force when necessary. We believe that today’s ‘blame the officer first’ environment makes the job more dangerous. When agents must worry about being prosecuted for rightly using force, that situation puts them and their community at risk.”

Moran challenged Commissioner Kerlikowske to stand with Border Patrol agents. “He can start by giving Agent Javier Vega the honor he and his family deserve. Vega was gunned down while protecting his family and his community from two illegal aliens in the Rio Grande Valley. We believe that his actions were heroic, must be categorized as specific law enforcement actions and must be recognized as a line-of-duty fatality. CBP owes Agent Vega’s family this honor. It is time for Commissioner Kerlikowske to make this happen.”

BPAPRA Regulations published by OPM

On Friday, September 25, 2015, the Office of Personnel Management (OPM) issued their final regulations to implement Part 2 of the Border Patrol Agent Pay Reform Act (BPAPRA). A review of the regulations has revealed that OPM is interpreting certain portions of the BPAPRA contrary to what was intended by Congress when they drafted and passed the BPAPRA into law, for example, a prohibition on Alternate Work Schedules (AWS) and additional compensation for canine handlers on their assigned days off duty. There is also confusion on the section that deals with CBP being allowed to drop employees from one tier to another; however, it only clarifies what the Union had made clear prior to the regulations being published, which is that employees will not be able to artificially enhance their retirements by working a lower level of pay for the majority of their career and then at the end, bumping up to a higher level in order to get a greater annuity. The Union will work with Congress in order to resolve the issues via another Amendment to the BPAPRA, or in the case of the canine handlers, through litigation. Click below to read the OPM final regulations.

CFR Parts 410, 550, 551, and 870 Final Rule

More Articles...

  1. Statement on Agent Swartz Indictment
  2. Support for Terry Family
  3. Canine Pay Under the BPAPRA
  4. GOV Files Motion in Limine
  5. FECA Flowchart
  6. OWCP Forms and Filing Timeline
  7. The Benefits of Union Membership
  8. Nation Wide Swap Program Open Period Announced

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