Garrity Preamble

The Garrity preamble is a statement used in certain administrative contexts to assert constitutional protections related to compelled statements.

Border Patrol Agents do not forfeit their constitutional rights by virtue of their employment. In some circumstances, employees may choose to include a Garrity preamble in a memorandum or written response when they are directed to provide a statement as a condition of employment.

The applicability and effect of a Garrity preamble depend on the specific facts and circumstances of the situation. Employees should seek Union guidance before submitting any memorandum that may have administrative, disciplinary, or legal implications.

Sample Garrity Preamble Text

If you are advised to include a Garrity preamble, the following language is commonly used:

On (date/time), (supervisor name) requested that I submit a memorandum regarding an incident. I am complying with this request as a condition of my employment. However, the content of this memorandum and the statements contained herein are provided under compulsion and are intended to be protected under the Fifth Amendment, consistent with applicable law. The facts described herein reflect the events to the best of my recollection at this time.

Important Notes

• Inclusion of a Garrity preamble does not automatically determine how a statement will be used

• The wording and applicability may vary based on the situation

• Do not submit a memorandum involving potential discipline or investigation without consulting the Union

If you are unsure whether a Garrity preamble is appropriate, contact a Union representative before submitting your memorandum.