Federal agent-character witness letter=termination

[runningman1]

My question relates to legal practice in the state of: Federal Law Enforcement and US Immigration.

I am a (13 yr) Federal Agent (law enforcement) and my father in law was going through Immigration deportation hearing. The defense lawyer of my father in law asked family and friends for letters of character witness. Everybody in the family as well as friends submitted the character witness letters on behalf of father in law to the defense lawyer. I wrote my character witness letter in which I stated my name, occupation and my personal observations/feeling toward my father in law and I gave the letter to the defense lawyer. (I must point out that I did not ask for him to stay, I did not ask for charges to be dropped, I did not ask for anything in the letter)

About 3 months after the letter was written and submitted, a supervisor/agency field office received a copy of the character witness letter I wrote from the DHS prosecutor who was prosecuting my father in laws immigration case. I believe the prosecutor/court was just verifying who I said I was in the letter. I was questioned about the letter from my supervisor and wrote a memo why I wrote letter and who it was intended for (standard procedure). Well, a supervisor in agency/field office decided to make an issue out of the letter and pushed the issue in to me receiving a "notice of proposed removal" stating the reasoning was I "misused my position" as a federal agent for personal gain. It was stated in my removal proposal letter I was accused by the supervisor to have attempted to influence the out come of a deportation hearing by submitting the character witness letter and that my actions are further questionable as I associate with known criminal aliens (even though its my father in law).

First, There is no evidence or additional information for the supervisor to make this accusation and claim against me. All the supervisor has to go off of is the letter of character witness that I had written and it states absolutely nothing but my personal observations/feeling towards father in law. Further, If I attempted to influence the immigration court/deportation hearing wouldn't the prosecutor and/or Judge of the case have been the first one to bring some kind of charge against me for violating a law or policy since I am a federal agent. In the "notice of proposed removal" package that was given to me, the only evidence that the supervisor is basing his decision on is the character witness letter I wrote, there is no supporting evidence- no additional letters/statements from the court, prosecutor, judge, etc.... My character witness letter is the only evidence he is relying on. I was asked by the defense lawyer to submit a statement on behalf of my father in law and I gave the letter to the lawyer. Also, I found out that the letter I wrote never even made it into evidence (never officially seen by court) because defense lawyer submitted all the letters too late. So it wasnt even a factor in the decision to be exact.

My question is... Is it legal/illegal for me to write a character witness letter for friend/family member because of my status as a federal law enforcement officer?

I know federal law and federal gov't is a complicated entity, but how can this supervisor make these unfactual and baseless claims in a proposed termination letter and then further slander me and members of my family calling them criminal aliens and then state that I associate with criminals? I work for a corrupt federal agency and we are in the news all the time due to corruption and mismanagement to give you and idea of what i am dealing with.... Is there any help available...?

 

[CdwJava]

You have brought this to your union rep, correct? What is the status of any appeal or hearing(s) to dispute the termination?

 

[!CuriousGeorge!]

I would not think its illegal but you may have violated some internal rules.

Looks like you may have to find another job. Thanks for the information that you work for a corrupt agency. It shows that you have honesty.

Good luck in your new career, whatever it may be.

 

[OHRoadwarrior]

Sounds like the biggest can of worms you may have opened, is by what could be interpreted as a written confession you are willing to ignore the laws you are paid to enforce, when ignoring the law suits you.

Malfeasance has been defined by appellate courts in other jurisdictions as a wrongful act which the actor has no legal right to do; as any wrongful conduct which affects, interrupts or interferes with the performance of official duty; as an act for which there is no authority or warrant of law; as an act which a person ought not to do; as an act which is wholly wrongful and unlawful; as that which an officer has no authority to do and is positively wrong or unlawful; and as the unjust performance of some act which the party performing it has no right, or has contracted not, to do.

Malfeasance in office - Wikipedia, the free encyclopedia

 

[CdwJava]

Sounds like the biggest can of worms you may have opened, is by what could be interpreted as a written confession you are willing to ignore the laws you are paid to enforce, when ignoring the law suits you.

What malfeasance occurred? he wrote a letter on behalf of his father-in-law. Unless he was a high ranking official it should really have had little to no weight in the proceedings. And, as it seems, they had no weight at all because they were never submitted to the court for consideration.

Now, if they can make a case that he knew his father-in-law was in the country illegally then I can see where they might have some concern.

However, the OP has a right to appeal this decision and unless ICE has a new union, they used to be pretty vociferous backing up their people who were picked on by the upper echelon.

Runningman1, if you need some info on who to contact in the USBP/ICE send me a PM and I might be able to hook you up with a couple of people that are active with the agency and might be able to help.

 

[runningman1]

What malfeasance occurred? he wrote a letter on behalf of his father-in-law. Unless he was a high ranking official it should really have had little to no weight in the proceedings. And, as it seems, they had no weight at all because they were never submitted to the court for consideration.

Now, if they can make a case that he knew his father-in-law was in the country illegally then I can see where they might have some concern.

However, the OP has a right to appeal this decision and unless ICE has a new union, they used to be pretty vociferous backing up their people who were picked on by the upper echelon.

Runningman1, if you need some info on who to contact in the USBP/ICE send me a PM and I might be able to hook you up with a couple of people that are active with the agency and might be able to help.

yes, someone please tell me what malfeasance has occurred? So because I am a law enforcement agent I am not allowed to give my opinion of someones character (whether its a friend, family member, etc..) when asked for it by an attorney? I did not simply volunteer a letter and say hes innocent, I want him free, etc... I sent a character witness letter as requested by an attorney which stated; My name is "so and so" and I work as "job". I have known "so and so" for such and such years. From what I have observed he is "such and such"
So someone tell me what was wrong.. nothing... everyone knows someone of someone who is a criminal, committed a crime, was in trial for a crime, etc...

Not to get into specifics of the case itself but it was simply wrong place/wrong time type of situation in which all charges were dropped- found Innocent... and this is without my or any family members/friends letters of character witness because everything was entered too late..

But please someone explain to me how my opinion is any more or less relevant just because of my job and who I work for.


Cdw... thanks and I will be pm'ing you shortly...