Archive for May, 2010

U.S.-Mexico Border Crossing Deaths Are A Humanitarian Crisis, According To Report From The ACLU And CNDH

Thursday, May 20th, 2010

SAN DIEGO – U.S., Mexican and international officials must recognize the deaths of migrants occurring during unauthorized crossings of the U.S.-Mexican border as an international humanitarian crisis and respond with reforms that make human life a priority, according to a new report released today by the American Civil Liberties Union of San Diego and Imperial Counties and Mexico’s National Commission on Human Rights (CNDH). The report, Humanitarian Crisis: Migrant Deaths at the U.S.-Mexico Border, finds that border deaths have increased despite fewer unauthorized crossings due to the economic downturn.

The release of the report marks the 15th anniversary of the border enforcement policy Operation Gatekeeper that concentrated border agents and added walls and fencing along populated areas, intentionally forcing migrants to hostile environments and natural barriers that increase the incidence of injury and death.

“The current policies in place on both sides of the U.S.-Mexico border have created a humanitarian crisis that has led to the deaths of more than 5,000 people,” said Kevin Keenan, Executive Director of the ACLU of San Diego and Imperial Counties. “Because of deadly practices and policies like Operation Gatekeeper, the death toll continues to rise unabated despite the decrease in unauthorized crossings due to economic factors.

South of Texas

South of Texas

The report analyzes deadly border enforcement policies and practices and their impact on individuals, families and communities and offers concrete recommendations to significantly decrease and possibly end the humanitarian crisis at the border.

Some of the report’s major findings include:

  • Border deaths have increased despite the economic downturn, fewer migrant crossers and a steady drop in apprehensions.
  • In the last 15 years, the deaths occurring during unauthorized border crossings have been a predictable and inhumane outcome of border-security policies like Operation Gatekeeper.
  • Migrants’ risk of death during unauthorized crossings has increased in spite of government programs that attempt to reduce the harmful effects of border enforcement policies and strategies.
  • The ongoing deaths of migrants have exposed government incompliance with international law obligations in the treatment of the dead and their families.

Since Operation Gatekeeper went into effect in 1994, an estimated 5,600 migrants have died while attempting unauthorized border crossings. In response to government failures to prevent migrant deaths, many organizations have set up water stations, desert medical camps, humanitarian-aid patrols and other rescue and recovery operations in an attempt to save lives along the U.S.-Mexican border area. As the report details, these activities have been increasingly met with government opposition and punishment.

“By any measure, Operation Gatekeeper is a failure. It didn’t reduce unauthorized border crossings, the economy did. It has, however, cost thousands of people their lives,” said Andrea Guerrero, Field and Policy Director of the ACLU of San Diego and Imperial Counties. “Instead of policies that foster fatalities, we need sensible, humane immigration and border policies that prioritize human life over death.”

The report recommends actions that the U.S. and Mexican governments should take to protect and advance the human right to life of migrants, including:

  • Recognize border crossing deaths as an international humanitarian crisis.
  • Adopt sensible, humane immigration and border policies.
  • Shift more U.S. Border Patrol resources to search and rescue.
  • Support nongovernmental humanitarian efforts at the border.
  • Direct government agencies to allow humanitarian organizations to do their work to save lives and recover remains.
  • Establish a binational, one-stop resource for rescue and recovery calls and convene all data collecting agencies to develop a uniform system.
  • Invite international involvement.

Javier Garcia, whose testimony about his brother who died while crossing the border is featured in the report, said, “I hope that my brother’s case is taken as an example of what should not happen, that things change.”

The report can be found online at: www.aclu.org/immigrants/gen/41186pub20091001.html
Courtesy of ACLU 2010.

The American Wall Sections in Roma, Rio Grande City 2010

Monday, May 17th, 2010
South of Texas

South of Texas

May 4 the GAO issued a report on SBInet, which included a statement that DHS has allocated fiscal 2010 funds to build the 3 sections of wall in Roma, Rio Grande City, and Los Ebanos which have been on hold for the past 2 years because DHS could not get approval from IBWC.

South of Texas

100-mile radius raises debate over Constitution, civil rights

Monday, May 17th, 2010
100-mile radius raises debate over Constitution, civil rights

100-mile radius raises debate over Constitution, civil rights

WASHINGTON — Vince Peppard was cruising up the highway toward San Diego, wife in the seat next to him and a bunch of tile in tow.

The 53-year-old retired social worker was driving north from Tecate, Mexico, on his way to fix up an old house.

“I breezed right through the checkpoint,” Pepper recalled. “Then a half-hour later, when I got into the U.S., they were opening my trunk and searching my car. I didn’t feel like I was in the United States. I felt like I was in some police state.”

Peppard was stopped about 20 miles north of the Mexican border by customs officials who demanded to search his car, he said. When he refused, Peppard said, a customs official brought in search dogs, hassled his wife — who is from Syria — for her citizenship papers and detained him for more than 30 minutes.

He was ultimately let go. But he can’t let go of the fact that he was stopped inside the United States.

“I actually feel nervous that I’m going to be pulled over,” Peppard said via a video hookup at a news conference Wednesday. “Now I have to have my passport when I go to the Home Depot or something.”

It was stories like Peppard’s that prompted a civil rights group to challenge the constitutionality of practices carried out by the U.S. Customs and Border Protection.

The American Civil Liberties Union charged Wednesday that searches by customs agents within 100 miles of the U.S. border threatens the rights of millions of Americans.

The civil rights group released a map showing that nearly two-thirds of Americans – 194.7 million people — live within a 100-mile-radius of the U.S. borders and could be subject to an infringement of their Fourth Amendment protection against unreasonable searches.

“This is an area where the government is attempting to turn into a Constitution-free zone,” said Caroline Fredrickson, director of the ACLU’s Washington Legislative Office. “The federal government has been allowed to turn areas of this nation into places where anyone can be stopped and searched for any reason — or no reason at all.

“It is a classic case example of law enforcement powers expanding far beyond the proper boundaries–in this case literally.”

The group said it will push for legislation in the next administration to curtail customs officials’ search authority.

Customs and Border Protection, which falls under the Department of Homeland Security, was authorized by Congress nearly 50 years ago to operate within a “reasonable distance” inside the border, which it designates as a 100-mile radius. The agency operates 33 checkpoints, and the ACLU said complaints about the checkpoints have risen since Sept.11.

But border patrol officials say that the checkpoints are anything but unconstitutional.

“The 100-mile zone absolutely is not a Constitution-free zone,” said Jason Ciliberti, a supervisory border patrol agent with the U.S. Customs and Border Protection. “Those 100 miles are what essentially is said to be a reasonable distance from the boundary from the United States, and the Supreme Court has come down firmly on our side and said that what we’re doing is not unreasonable.”

Ciliberti said that the department is sensitive to citizen complaints about checkpoints and has tried to smooth the process.

“The vast number of those encounters is very brief,” Ciliberti said. “If [necessary], agents do take some time to conduct investigations. But, of course, they conduct those investigations with due diligence and as minimally invasive as possible.”

“In order to arrest that person, we still need probable cause as anywhere in the United States,” he added.

But, he noted, the agency will continue its searches as part of its efforts to stop drug smugglers and illegal immigrants.

“We do have a job to do and we don’t have the opportunity to be wrong — even once,” Ciliberti said. “So, we understand if people are offended by our tactics. We take the Constitution very seriously, we take it to heart.”

by Erica L. Green

Arizona-Sonora Recovered Human Remains

Monday, May 17th, 2010

Fiscal Year (October 1- September 30)

2000-2001            136

2001-2002            163

2002-2003            205

2003-2004            234

2004-2005            282

2005-2006            205

2006- 2007           237

2007- 2008           183

2008-2009            206

October 1, 2009 – February 28, 2010      110

Total Human Remains = 1,961

Road_Cross_04

This Year’s Deaths

“Coalción de Derechos Humanos” counts the number of bodies recovered in Arizona for the fiscal year, which begins October 1st and ends September 30th of every year. This will be so that we can compare the numbers put out by the government officials with those that we gather, in collaboration with the Consular offices and county medical examiners.

Data courtesy of (®).Coalción de Derechos Humanos