Tag Archives: Border Patrol

‘Endangers Us All’: Supreme Court Ruling Shields Border Agent From Excessive Force Lawsuit

The ruling leaves thousands of Border Patrol agents “absolutely immunized from liability,” said Justice Sonia Sotomayor, “no matter how egregious the misconduct or resultant injury.”

By Julia Conley   Published 6-9-2022 by Common Dreams

ERO Cross Check 2017. Photo: ICE/flickr/public domain

A ruling by the right-wing majority on the U.S. Supreme Court Wednesday “will have far-reaching consequences” for people who accuse federal agents of violating their constitutional rights, the ACLU warned after the court ruled against a man who wanted to sue a U.S. Border Patrol agent who entered his property without a warrant and used excessive force.

The court ruled 6-3 in Egbert v. Boule that Congress must decide whether the plaintiff can sue the government over the alleged violation of his rights—a decision which Justice Sonia Sotomayor wrote in her dissenting opinion threatens to block nearly all civil suits against federal agents. Continue reading

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‘Vile’: Biden DHS to Turn Away Migrant Families Under ‘Expedited Removal’ Policy

“This administration continues to seek efficiency over safety and due process for migrant families.”

By Julia Conley, staff writer for Common Dreams. Published 7-27-2021

Photo: Pride Immigration

Immigrant rights advocates are decrying what some called an “appalling” Monday night announcement by the U.S. Department of Homeland Security thatunder  the Biden administration will return to the use of an “expedited removal” process to send families seeking asylum back over the U.S.-Mexico border if they can’t convince immigration agents that they need refuge in the United States.

Groups including Las Americas Immigrant Advocacy Center and the ACLU had hoped the Centers for Disease Control and Prevention(CDC) would revoke Title 42, under which the federal government has had the authority to send to Mexico any undocumented immigrants who attempt to cross the southern U.S. border.

Instead, DHS on Monday said that some families, many of whom Mexican officials have refused to accept under Title 42, “will be placed in expedited removal proceedings” to provide “a lawful, more accelerated procedure to remove those family units who do not have a basis under U.S. law to be in the United States. ”

“The announcement we had been hoping for was about an end to Title 42,” Linda Rivas, executive director of Las Americas Immigrant Advocacy Center in El Paso, Texas, told the New York Times. “This administration continues to seek efficiency over safety and due process for migrant families.”

Under the policy, immigrant families who are intercepted by immigration agents at the border will be screened promptly to determine if they have a “credible fear” of persecution or violence in their home country which led them to seek asylum.

If an agent determines there is no credible fear, families will be expelled from the country without an immigration judge hearing their case.

The policy has been used by both Democratic and Republican administrations in the past.

Before Monday’s announcement, thousands of families who Mexico would not accept under Title 42 have been sent by U.S. Border Patrol agents to stay in shelters while they wait to appear in immigration court.

The departure from that system “is not due process,” tweeted Camille Mackler, founder and executive director of Immigrant ARC, which provides legal services to immigrants and was formed after legal advocates descended on John F. Kennedy International Airport to provide support to immigrants when the Trump administration announced its travel ban in January 2017.

Robyn Barnard, senior advocacy counsel at Human Rights First, described “how due process is run roughshod by expedited removal.”


“There is no ‘right’ or ‘wrong’ way to seek asylum,” Barnard tweeted. “It is a legal right to be able to do so however you get here. When you block the ports [under Title 42] and leave people in desperate and dangerous situations, what other options do they have?”

Heidi Altman, policy director at the National Immigrant Justice Center, called the DHS announcement “vile.”

“Expedited removal sends asylum seekers back to harm,” said Altman. “End it.”
This work is licensed under Creative Commons (CC BY-NC-ND 3.0).
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Native Americans Protesting Trump Border Wall Tear Gassed, Arrested by US Agents on Indigenous Peoples’ Day

“It’s obscene and offensive to us that local and state governments move to celebrate Indigenous Peoples’ Day while the federal government blows up our sacred sites, steals our kids, militarily occupies our communities, and shoots at Native Americans.”

By Kenny Stancil, staff writer for Common Dreams Published 10-13-2020

A dozen land and water protectors were arrested after Border Patrol and Arizona State Troopers used tear gas and rubber bullets to disperse a Native American ceremony on Indigenous Peoples’ Day on October 12, 2020. (Photo: Rafael Samanez/O’odham Anti Border Collective)

Twelve people, including at least eight Native Americans, were arrested near an immigration checkpoint in Southern Arizona on Indigenous Peoples’ Day after United States Border Patrol agents and Arizona law enforcement officials violently repressed a peaceful action held Monday morning by roughly 30 land and water protectors.

The O’odham Anti Border Collective—a group of Akimel O’odham, Tohono O’odham, and Hia Ced O’odham tribal members that seeks to promote the cultural practices and protect the homelands of all O’odham nations “through the dismantling of colonial borders”—organized an Indigenous prayer ceremony to voice opposition to the cultural and ecological destruction caused by the construction of President Donald Trump’s border wall. Continue reading

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‘This Is Terrorism’: With No Face Masks and No Warrant, Border Patrol Agents Raid Humanitarian Aid Station in Arizona and Detain 30 Migrants

“As always when humanitarian aid in the borderlands is targeted, those who seek care are the ones that face the brunt of these violent escalations.”

By Eoin Higgins, staff writer for Common Dreams. Published 8-2-2020

Border Patrol agents raiding a humanitarian aid camp in Airzona Friday. (Photo: No More Deaths/Twitter)

Border Patrol agents on Friday night raided a humanitarian aid station run by immigrant rights advocacy group No More Deaths, detaining 30 people in what activists described as a “massive show of force” aimed at intimidating the group.

“Once again, Border Patrol is concentrating their resources on interfering with humanitarian aid during the most deadly time of year for people crossing the border,” No More Deaths volunteer Paige Corich-Kleim told the Tuscon Sentinel. Continue reading

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Announcing Retrial, Federal Prosecutors to Continue ‘Unconscionable Prosecution’ of Humanitarian Scott Warren for Helping Migrants

Warren says that his case has generated “a greater awareness of the humanitarian crisis in the bordlerland… and a flood of water into the desert at a time when it is most needed.”

By Jessica Corbett, staff writer for Common Dreams. Published 7-2-2019

Scott Warren, a volunteer with the humanitarian group No More Deaths, faces up to 20 years in federal prison for providing aid to migrants in the Arizona desert. (Photo: No More Deaths/Twitter)

Federal prosecutors in Arizona announced Tuesday that they will seek a retrial in the case of humanitarian aid volunteer Scott Warren, who could face several years in prison for providing food, water, clean clothes, and beds to migrants in the desert.

The move by the U.S. Attorney’s Office for the District of Arizona comes after Warren’s first trial ended with a hung jury last month. The Arizona Republic reported Tuesday that “Anna Wright, an assistant U.S. attorney, said in Tucson federal court that the government would dismiss one count of conspiracy to transport or shield, but that they would seek a retrial on two counts of harboring an undocumented immigrant.” Continue reading

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Inside the Secret Border Patrol Facebook Group Where Agents Joke About Migrant Deaths and Post Sexist Memes

The three-year-old group, which has roughly 9,500 members, shared derogatory comments about Latina lawmakers who plan to visit a controversial Texas detention facility on Monday, calling them “scum buckets” and “hoes.”

By A.C. Thompson  Published 7-1-2019 by ProPublica

(Photo: Legal Loop)

 

Members of a secret Facebook group for current and former Border Patrol agents joked about the deaths of migrants, discussed throwing burritos at Latino members of Congress visiting a detention facility in Texas on Monday and posted a vulgar illustration depicting Rep. Alexandria Ocasio-Cortez engaged in oral sex with a detained migrant, according to screenshots of their postings.

In one exchange, group members responded with indifference and wisecracks to the post of a news story about a 16-year-old Guatemalan migrant who died in May while in custody at a Border Patrol station in Weslaco, Texas. One member posted a GIF of Elmo with the quote, “Oh well.” Another responded with an image and the words “If he dies, he dies.” Continue reading

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‘Beyond Barbaric’: Internal Govt Report Reveals Migrants Forced to Stand on Toilets for Breathing Space at Overcrowded US Detention Center

“This is insane. Not only can they not move, they can’t breathe, they can’t eat, they can’t do anything like this. Children have died and will continue to die if this is not stopped now.”

By Jake Johnson, staff writer for Common Dreams. Published 5-31-2019

A not-yet released report by the Department of Homeland Security’s Inspector General, reported CNN on Friday, has found “dangerous overcrowding” and unsanitary conditions at an El Paso, Texas, Border Patrol processing facility following an unannounced inspection. (Photo: Department of Homeland Security/IG Office/via CNN)

A federal immigrant detention facility in El Paso, Texas is so unsanitary and overcrowded that migrants held by the Trump administration were forced to wear “soiled clothing for days or weeks” at a time and stand on toilets to find breathing space in their cells.

That’s according to a not-yet-released report by the Department of Homeland Security’s inspector general, which was obtained exclusively by CNN on Friday. Continue reading

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After ‘Unconscionable’ Detention by US Border Patrol, 10-Year-Old Rosa Maria Hernandez Finally Released From Custody

“We will continue to work to ensure that Rosa Maria is able to heal in peace, and that other children are not subjected to the same trauma,” the ACLU vowed

By Jake Johnson, staff writer for CommonDreams. Published 11-4-2017

“Rosa Maria is finally free. We are thrilled that she can now recover, surrounded by her family’s love and support,” said the ACLU on Twitter. (Photo: The Independent/courtesty of family)

Rosa Maria Hernandez, a 10-year-old undocumented immigrant with cerebral palsy who was detained by U.S. Border Patrol agents last week, was finally released from federal custody on Friday after 11 days of separation from her family.

“We’re just thrilled—it’s such a relief,” Michael Tan, a staff attorney at the ACLU, told the New York Times. “It’s actually quite overwhelming. This was the first time in her life she was separated from her family.” Continue reading

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‘Missing-Persons Crisis’: US Border Patrol Reportedly Uses Desert as Killing Tool

New report finds agents chase border crossers into Southwest desert, where they often become lost, are left to die, or disappear altogether

By Nadia Prupis, staff writer for Common Dreams. Published 12-7-2016

In 1994, Border Patrol adopted a strategy known as Prevention Through Deterrence, which sought to control the region by increasing the risk of coming into the country without documents. (Photo: Texas Military Department/flickr/cc)

In 1994, Border Patrol adopted a strategy known as Prevention Through Deterrence, which sought to control the region by increasing the risk of coming into the country without documents. (Photo: Texas Military Department/flickr/cc)

The U.S. Border Patrol has used the south-western desert to set up the death and disappearances of tens of thousands of undocumented immigrants, according to a new report by the Arizona-based advocacy groups No More Deaths/No Más Muertes and La Coalición de Derechos Humanos.

The report, entitled Disappeared: How U.S. Border-Enforcement Agencies are Fueling a Missing-Persons Crisis, finds that Border Patrol agents routinely chase border crossers into “remote terrain,” causing them to scatter, which often causes them to become lost, leading to death, injury, or disappearance. Continue reading

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US Government invalidates position in desperation to evict Standing Rock protestors

Pitted against 3 government agencies, the water protectors at Standing Rock brace for even harsher treatment

Written by Carol Benedict

Photo: @zap seattle/Twitter

Photo: @zap seattle/Twitter

There are three separate agencies involved in the stand-off at Standing Rock. Each of these agencies has mounted their own defenses to try to force the completion of a pipe line that does not have the full permitting and authorization required by law. Energy Transfer Partners and Dakota Access Pipe Line are both operating against a direct order of President Obama’s to stop within 20 miles of the lake and have stated they do not intend to stop until this pipeline is completed.

Earlier in the controversy, DAPL hired private security forces from outside the state of North Dakota. They arrived with attack dogs and other means of attacking the protesters, but had no permits or authorization within the state. DAPL allowed them to operate anyway, deciding that they could operate outside the law.

On November 25, the US Army Corps of Engineers sent a letter to the tribes at Sacred Stone Camp, informing them that as of December 5, their presence would be subject to prosecution. The reasons behind this decision was the escalating violence at the action site, even though the violence is coming only from the law enforcement authorities.

The US government has maintained that the land in question is federal land: public land they are authorized to control under their jurisdiction.

The water protectors believe this same spot of land was granted them in an 1851 treaty and they have never ceded that land.

Morton County officials have also sought the assistance from the US Border Patrol (a branch of the Department of Homeland Security) in the militarized police presence at the Standing Rock encampments. To date, the tactics used against the protesters include water cannons, grenades, rubber bullets and other means of crowd control usually deployed in urban settings. Their actions have caused enough concern that the United Nations is now investigating these actions as human rights violations.

Morton County and the state of North Dakota have effectively removed all arguments from the Army Corps of Engineers claim of federal land by involving the US Border Patrol.

US Border Control can only be activated within 100 miles of what is recognized as a border to another country or sovereign nation. By involving Border Patrol, the state and county are both officially recognizing the sovereignty rights of the water protectors, yet feel empowered to evict them from their own land under this premise.

In order for supporters to come to the Sacred Stone encampments, they must agree to bringing no weapons, alcohol or drugs of any kind. The camp, now at over 400 people, lives in prayer and peace with conversations between tribes, between generations and between indigenous and non-indigenous people. These are Americans, who believe they have as much a right to clean water and land rights as you and I.

Think about it.

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