In late 2017, the Department of Homeland Security, U.S. Customs and Border Protection (“Agency”) announced, orally and/or in writing to currently employed United States Border Patrol Agents that it was seeking agents for details and/or assignments to travel to Ramey Sector in Puerto Rico and assist with Hurricane Maria relief efforts. The Agency explicitly excluded any agent with “family ties” to Puerto Rico, thus discouraging agents from applying and/or denying them an opportunity to participate based on their own Hispanic/Puerto Rican race and/or national origin and/or their association with others of Hispanic/Puerto Rican race and/or national origin. The National Border Patrol Council, through the Law Office of Sherry J. Downer PLLC, initiated informal EEO counseling and filed individual and class action complaints on behalf of a number of identified agents including the class representative, Durango Ayala-Quinones (“Class Agent”).
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