Homeland Security Tips Wallow in the Halls of Congress

Ruben Gonzalez, a high-level supervisor with the Houston office of the federal Bureau of Immigration and Customs Enforcement (ICE), was only trying to get some help from his U.S. Senator, Republican John Cornyn.

Gonzalez wrote to the senator earlier this year to clue him into the widespread discrimination and retaliation problems within ICE, which is part of the Department of Homeland Security (DHS). The discriminatory practices, according to Ron Schmidt, an attorney representing Gonzalez and other ICE agents, foster a dysfunctional culture within the federal law enforcement agency that poses a real threat to national security.

In response to Gonzalez’ letter, Sen. Cornyn’s office sent the federal agent a form asking him to verify his immigration status.

Cornyn’s response was an insult to Gonzalez, who is part of a group of Hispanic federal agents suing the Department of Homeland Security for alleged racial discrimination.

In a commentary posted on the Web site for the Federal Hispanic Law Enforcement Officers Association (FHLEOA), Gonzalez states that Cornyn's reply "demonstrated the obvious bigotry that I and others of Hispanic origin continue to endure." More from the commentary:

As a Hispanic American in law enforcement entrusted in protecting our national security, I and other Hispanic American citizens have paid, and continue to pay a heavy price in protecting our country.

... I am concerned that, although many civil rights laws have been passed, Hispanics in Federal law enforcement remain victims of discrimination/retaliation by the same agencies that employ us.

… On May 10, 2002, about 400 Hispanic federal agents filed a class action lawsuit (Miguel A. Contreras, et al v. Ridge) against the U.S. Customs Service (now part of DHS) for a wide range of discrimination claims. This action was taken after Customs Hispanic agents could not resolve any issues through the administrative process for almost eight years.

It is requested that an independent bipartisan committee be established to investigate and correct the injustice that is occurring in most of our federal agencies. An independent research will find that our issues are genuine….

Don Stewart, communications director for Sen. Cornyn, said in a prior interview with Narco News that the immigration status form sent to Gonzalez was mailed out by mistake. Stewart said Gonzalez should have received a privacy-waiver form instead. Once signed, the privacy waiver would allow the senator to make inquires on Gonzalez’ behalf.

After the matter was straightened out, Stewart said Cornyn sent Gonzalez’ letter on to ICE.  

In early June, Cornyn followed up with Gonzalez by sending him this update:

Dear Mr. Gonzalez

Enclosed is the reply I received from the United States Immigration and Customs Enforcement in response to my inquiry on your behalf on April 21, 2004, regarding your concerns of discrimination within the (former) United States Customs Service. I hope this information will be of assistance to you.

In reference to your pending lawsuit in the case of Miguel A. Contreras, et al v. Tom Ridge, the Senate Select Committee on ethics advises all Senators to refrain from intervening in pending legal actions until resolved in the courts because the judicial system is the appropriate forum for the resolution of legal disputes. However, I appreciate your bringing this matter to my attention as I take allegations of discrimination very seriously and believe firmly in the principle that all people should be treated equally, with dignity and respect.

I appreciate having the opportunity to represent you in the United States Senate. Thank you for taking time to contact me.

Cop out

Gonzalez declined to comment for this story, and referred questions to Schmidt, who is the attorney representing the Hispanic federal agents in their class-action lawsuit against DHS. Schmidt says Cornyn’s decision to stay on the sidelines is not surprising, given that the alleged dysfunction within DHS could put the Bush administration in a politically awkward position in an election year.

“Cornyn is one of Bush’s biggest defenders,” Schmidt says. “Clearly, (the issues raised by Gonzalez) are a national security concern.

“I’ve called on Cornyn’s office myself in the past to tell them about the problems that have surfaced as part of this class-action case (that could impact national security), and they never returned my call.

“This is a serious matter; if they only knew what I know, they’d be a lot more worried. Unfortunately, Congress and presidents from both parties have not shown much interest in the matter.”

When contacted in late June for comment about the national security implications of the alleged pattern of discrimination and retaliation within ICE, Cornyn spokesman John Drogin referred the matter to Stewart. Calls made by Narco News to Stewart for this story were not returned.

However, according to DHS officials, Americans should not be concerned about discriminatory practices within ICE.

In a May 27, 2004, response to Cornyn’s inquiry, Timothy Haugh, the acting director for DHS’ Office of Congressional Affairs, contends that Gonzalez’ charges are without merit:

Dear Senator Cornyn,

We regret the delay in responding to your letter dated April 21, 2004, on behalf of your constituent, Mr. Ruben E. Gonzalez.

A review of the records maintained by the Department of Homeland Security (DHS), Office of Principal Legal Advisor indicates that Mr. Gonzalez is a named plaintiff in the case of Miguel A. Contreras, et al v. Tom Ridge, Case No. 1:02CV00923(JR), in the United States District Court for the District of Colombia. This case alleges discrimination against Hispanic Special Agents of the former U.S. Customs Service. The case has not been certified a class action as of this date.

We are pleased to inform you that, as stated in the Government’s court filing dated May 7, 2004, an expert analysis of Hispanic Special Agent careers with the Customs Service concluded that from 1992 to 2001 there is no statistical evidence of a pattern or practice of discrimination affecting Hispanic Agents’ chances for promotion or transfers.

Furthermore, the Agency has no evidence that Mr. Gonzalez himself has been the subject of any discrimination. In fact, Mr. Gonzalez has risen to a high level of management and responsibility in the Office of Investigations as a GS-15, Associate Special Agent in Charge in the Houston Special Agent in Charge (SAC) Office.

As you are aware, effective March 1, 2003, pursuant to the Homeland Security Act of 2002, P.L. 107-296, and the President’s Reorganization Plan Modification of January 2003, the Customs Special Agents became employees of the U.S. Immigration and Customs Enforcement within the DHS. This new organization is a combination of several other agencies and has become the premier law enforcement arm of the DHS. We are proud of our new mission and its importance to the protection of the Homeland, and sincerely hope that all employees view this as an opportunity for an exciting new beginning….

Selective memory

The ICE letter, in its haste to proclaim an “exciting new beginning,” conveniently neglects to mention the fact that in February of this year the judge in the Hispanic agents’ class action case rejected a move by the DHS to have the case dismissed. The litigation is now in the discovery phase and headed toward a trial date.

The DHS letter also fails to explain why the concerns of someone in a “high level of management and responsibility,” such as Gonzalez, are essentially being ignored. In addition, the letter fails to address the multiple incidents of discrimination and retaliation that Gonzalez contends he has endured over the years as a Hispanic federal agent.

From the book, Borderline Security, published by Narco News:

Ruben Gonzalez, associate special agent in charge (ASAIC) of Customs’ Houston Office of Investigations, also paid a price for testifying in the spring of 2002 in an EEO deposition in Washington, D.C., regarding discrimination against Hispanic agents.

“When (Gonzalez) returned to the Houston, Texas, Office of Investigations where he serves as the GS-15 ASAIC, Gonzalez discovered that he had been replaced and that a GS-14 special agent had been put in an acting position as the ASAIC,” states the Hispanic agents’ class-action lawsuit. “Special Agent Gonzalez ... was told that a GS-14 was put in charge because the special agent in charge did not know when Gonzalez would return from Washington. This action was retaliatory.... Agent Gonzalez’s secretary knew his itinerary and he could easily have been reached by cell phone.”

The Houston incident was far from the first time Gonzalez had run into career setbacks at Customs. From 1999 to 2002, Gonzalez applied for more than 30 GS-15 supervisory positions. He made the “best-qualified” list for each post sought, “yet he was never interviewed for any of them,” according to the class-action lawsuit. When he finally did receive a promotion in March 2002, he was forced to move his family from the East Coast to Houston.

Cornyn was not the only politician that Gonzalez reached out to for help. He also sent two e-mail letters earlier this year to a congressman on the other side of the political isle. Those letters, like the missive to Cornyn, outlined the discrimination and retaliation problems within ICE.

As of late June, Gonzalez had not received a reply from the congressman, U.S. Rep. Nick Lampson, D-Texas. When contacted by Narco News on June 23, Stanley Allen, Lampson’s legislative director, said his records showed that the congressman had received only one e-mail from Gonzalez. Allen explained that the e-mail arrived in late May and was “processed” on June 3. He added that a response was now in the process of being sent to Gonzalez.

“I wish constituents understood that we get thousands of e-mails,” Allen said, in an effort to explain why it has taken so long to reply to Gonzalez.

Unfortunately, you never know when one of those e-mails, if ignored too long, might lead to dire consequences for the country. In the e-mail Gonzalez sent to Lampson in February – the one the congressman’s office appears to have no record of – Gonzalez states the following:

“These are not frivolous (claims), and we believe it’s time to take a united stand to expose these law enforcement agencies for violating the law. In a very real way, discrimination in the federal workplace, particularly in law enforcement agencies, undermines our safety and national security….”