The National Border Patrol Council was notified this week that DHS has decided it is necessary to implement its interpretation of the Border Patrol Agent Pay Reform Act (BPAPRA). In essence, agents will lose FLSA, which is part of their overtime pay.
According to the National Border Patrol Council, “DHS irrationally claims these changes are necessary” due to the passage of BPAPRA, which was passed into law on December 18, 2014. DHS also indicated that Border Patrol agents might even suffer greater financial losses by this attack because DHS is considering a plan to recover FLSA payments that were made to agents since the passage of the BPAPRA. Meaning that the agents might have to pay back what they have already earned.
“Contrary to the absurd claims by DHS,” said the Council in a statement the Council released this week, “there is nothing in the BPAPRA that says the Agency must wait for OPM to “promulgate regulations.” DHS is choosing to implement portions of the BPAPRA that are harmful when implemented without the other provisions, yet DHS could implement all of the provisions of the BPAPRA to avoid negative impacts to agents. But alas, that apparently is too much to hope for. The BPAPRA was never intended for piecemeal implementation because it will harm agents when not implemented as intended, but clearly that appears to be the intentions of DHS.”
The Union has already contacted its attorneys and will be using all of its resources to challenge “these disgraceful and unlawful acts. Further, if DHS makes any attempt to recover payments from agents, the Union will fight those attempts with all of the available resources.”
One long time agent said that with the policies of this administration, we are made to be the scapegoat for failed immigration policies and for budget issues. He said are made to feel like they “are the bad guys – keeping the poor immigrant away from the American Dream.” The agent concluded, “Look at what’s going on in Baltimore. The lawmakers and policy makers are getting a pass but the officers who enforce their laws within their policies are treated like the criminals.”