Immigration Reform Bill

The Senate's "Gang of Eight" promises a 90 percent "effectiveness rate" in its new immigration reform bill, introduced to the United States Senate today. If the 90 percent number is not met, it may trigger an additional surge of over 2 billion dollars to make this effectiveness rate achievable. The pathway to citizenship for over 11 million illegal immigrants will continue regardless of whether the 90 percent effectiveness rate is ever met.

The House Tells Napolitano that the Money Given to CBP is to Fund AUO

On April 12, 2013, House Representatives Filemon Vela, Sheila Jackson Lee, Pete Gallego, Ruben Hinojosa, Ron Barber, and Beto O'Rourke, sent a letter to Secretary Napolitano about the concern that CBP is still trying to get rid of AUO.

"The overwhelming concern of these hard-working men and women is the availability of resources which will allow them to sustain the current level of effort to secure our borders. Recently, Congress passed the Consolidated and Further Continuing Appropriations Act, 2013 (CR), and our intent in passing the CR was to ensure that the Department of Homeland Security (DHS) is able to prevent furloughs and ensure continuation of Administratively Uncontrolled Overtime (AUO) for previously eligible Customs and Border Protection (CBP) employees. However, numerous constituents have told us- and our conversations with CBP indicate- that the elimination of AUO is still a significant possibility. Although CBP recently announced its decision to delay implementation of deauthorizing AUO on a temporary basis, we remain concerned about long-term plans."

Click here to read the entire letter.

NBPC 2366 would like to give its sincerest thanks to these representatives for continuing to pressure DHS and CBP into doing the right thing.

NBPC President's Congressional Testimony

Click here to view a PDF copy of the testimony.

Testimony of Brandon Judd on behalf of the Border Patrol Council on the Impact of
Sequestration on Homeland Security: Scare Tactics or Possible Threat?

In front of the Subcommittee on Oversight and Management Efficiency, Committee on Homeland

April 12, 2013

Chairman Duncan, Ranking member Barber, distinguished members of the Committee,

Senators Question Gang of Eight's Immigration Reform Plans

Understandably, over the last few months Border Patrol employees have been absorbed in preparing for austere pay/work-cuts stemming from the dual banes of the sequester and CBP's egregious mismanagement of funds. However, during this same period another political effort has been moving forward that would arguably have as much impact to the Border Patrol and America's future. Specifically, there has been much forward movement with a Senate initiated "Comprehensive Immigration Reform" package.

NBPC President to Testify in Front of Congress

On April 12 at 9AM Eastern, Thomas Winkowski will testify before the House Committee on Homeland Security regarding, "The Impact of Sequestration on Homeland Security: Scare Tactics or Possible Threat?"

NBPC President Brandon Judd will also testify at this hearing.

You should be able to view the hearing on C-SPAN or at or

New drone radar reveals Border Patrol 'gotaways' in high numbers

The Center for Investigative Reporting has put together an article that discusses the testing of a new program involving drones that showed what all of us already know: gotaways are incredibly underreported.

From the article:

Between October and December, records show, the remotely operated aircraft detected 7,333 border crossers during its Arizona missions. Border Patrol agents, however, reported 410 apprehensions during that time, according to an internal agency report. The sensor was credited with providing surveillance that led to 52 arrests and 15,135 pounds of seized marijuana.

The Republican-led House Oversight and Government Reform Committee last year sought similar data from the Homeland Security Department as part of an investigation into allegations that officials had released "false and misleading border crossing data" that understated the volume of gotaways, according to a letter sent to Homeland Security Secretary Janet Napolitano.

In a response to the committee's chairman, Rep. Darrell Issa, R-Calif., Border Patrol Chief Michael Fisher denied the accusation, writing, "Any suggestion that USBP data collection methods were altered in order to enhance overall border statistics is patently inaccurate."

Click here to read the entire article.

20% AUO Rumor

Local 2366 leadership has just been updated by Del Rio Sector management of developments affecting employee pay. As you have likely heard through multiple sources, the Agency intends to forgo the furlough and AUO de-certification as proposed last month and instead plans to try to implement a mandate that AUO eligible employees average no more than 9 hours of overtime per work week. This attempt would allow the Agency to compensate employees at a 20 percent AUO rate as indicated by earlier communications and rumor.

While this arrangement is far superior to the 40 percent reduction in pay originally proposed by CBP to accommodate their mismanagement of Agency funds, it may still amount to a 10 percent pay cut for many agents who were maintaining a 100 hour per pay-period average. However, management simply cannot assign an arbitrary percentage of AUO for agents to max out at - you earn a percentage of AUO based on the hours you work. It's as simple as that.

We don't feel it is necessary to point out that attempted cuts such as this would have been aggressively challenged a few months back. It is only in the shadow of the original sequester plan that this seems "reasonable." The fear of AUO de-certification and a 14-day furlough must not temper our disgust at what is unarguably an unfair application of work and pay. With the new AUO restrictions comes numerous questions which DHS and CBP have failed to answer. Is CBP's budget really so bad as to necessitate any pay reduction for Border Patrol agents working in the field? What monetary sacrifices are the SES and non-agent positions who maneuvered us into this fiscal predicament making? Are our brothers and sisters in OFO now experiencing changes in pay to contribute to their portion of the supposed salary shortage?

While the furlough was problematic, especially in light of an additional 30 percent reduction in pay, at least it was equally applied between all offices and positions within the Agency. But, like the initial disparate proposals to cut overtime, DHS and CBP upper management appear to have their hearts set on placing the entirety of the financial burdens, legitimate or fabricated, on the backs of the U.S. Border Patrol.


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