No new border patrol agents as long as they are excluded from the Fair Labor Standards Act

  • by: Antoinette Reyes
  • recipient: US President Trump, Budget Committee members, Department of Homeland Security Headquarters, Commissioner Kevin McAleenan and Deputy Commissioner Randolph Alles of US Customs and Border Protection, Executive Assistant Commissioner Mark Morgan of US Border

The disastrous executive order to build a wall along the US-Mexico border and the mass hiring of 5000 border patrol agents is not only bad for our trade with Mexico (2nd largest buyer of US goods) but it is also bad for American workers. We should not ask more Americans to work a job that is excluded from the Fair Labor Standards Act.

Over the last few years, there have been numerous changes to the way agents are paid because we cannot afford to pay the agents that were hired in the last mass hiring. The way Border Patrol agents were being paid was found to be unconstitutional so in response, Congress had to make a decision. In 2015, Congress removed Border Patrol agents from the Fair Labor Standards Act (FLSA) by approving the Border Patrol Agent Pay Reform Act (BPAPRA). The change in pay schedule resulted in many agents transferring to other branches of Homeland Security (ex: customs) or leaving completely so that they could be paid fairly. 

Agents are required to work longer shifts for the same pay (10-hour shifts) and any overtime over ten hours is comp time. They are not paid for any overtime. We cannot afford to pay the agents we currently have, let alone hire 5000 more. This will not fix illegal immigration and it will only widen the deficit by creating an unsustainable workforce. In addition to the changes ordered by the Trump administration, it is not right that we have excluded any American workers from the Fair Labor Standards Act (FLSA).

We cannot afford to build a wall along the US-Mexico border and hire 5,000 new border patrol agents. Not only does this damage our trade relations with Mexico (the 2nd largest buyer of American goods) but it is a bad decision for American workers. We should not ask more Americans to work a job that is excluded from the Fair Labor Standards Act.



As you may know, over the last few years, there have been numerous changes to the way agents are paid because frankly, we cannot afford to pay the agents we currently have. The decision to remove Border Patrol agents from the Fair Labor Standards Act (FLSA) in 2015, by the approval of the Border Patrol Agent Pay Reform Act (BPAPRA), resulted in many agents transferring to other branches of Homeland Security (ex: Customs) among other places so that they could be paid fairly. The previous pay scale was found to be unconstitutional so the creation of the BPAPRA occurred so that the US government would not be in violation of the FLSA.


Agents are currently underpaid for their hard work and dedication to serving our country. Increasing the number of agents that are unfairly paid will not fix illegal immigration and it will only widen the deficit by creating an unsustainable workforce. Please do not support the mass hiring of new agents as long as the Border Patrol is excluded from the Fair Labor Standards Act.

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