-Caveat Lector- <A HREF="http://www.ctrl.org/"> </A> -Cui Bono?- Apparently in some instances the Border Patrol has defined "reasonable distance from the border" to be within 100 miles! > FAIR USE - For Educational or Research Purposes Only >THE SAN DIEGO UNION TRIBUNE SUNDAY, JANUARY 16, 2000 >Citizens vent frustration with Border Patrol >East County residents say rights are usurped >By Cheryl Clark >STAFF WRITER > >PINE VALLEY - About 70 East County residents yesterday expressed outrage over how they say the U.S. Border Patrol is >running roughshod on their civil liberties. > >Border Patrol agents, the residents said during an emotional two hour meeting, have shot two of Jack Driscoll's heifers, parked >and locked patrol cars in driveways making Vance Chapman late for work, frequently delayed motorists at the Interstate 8 >checkpoint, and used rude and crude language when responding to questions. > >"They think they're above the law, and they're not," Chapman said. "Frankly, I'd rather have the Mexicans." > >Added resident Michele Perez: "Now it's us against them. The Mexicans are beside the point." > >Residents said that agents chasing illegal immigrants throughout the night often run or drive through their property, cutting >fences and unlocking gates that allow their livestock to get out. Noisy helicopters flying overhead with lights shining down wake >them, residents said. > >Border Patrol spokesman Roy Villareal acknowledged some misunderstandings and problems, but denied that agents killed >livestock. A meeting last month in Supervisor Diainne Jacob's office brought the sides together to talk, and Villareal said the >agency has taken steps to improve. > >Another agency spokesman, Rob Smith, said Friday that agents "weren't invited to the meeting, so we're not going to crash the >party." Smith said he assumed that residents wanted some time to "air concerns but didn't want to do it in front of us." > >The Border Patrol is distributing brochures and holding classes to help residents understand the agency's legal authority and >policies. > >But that is part of the problem, residents say. > >They say agents are cavalier and aggressive in enforcing a long-standing federal statute residents think usurps their rights. > >Title 8, Section 1357 dealing with aliens and nationality allows Border Patrol personnel to "board and search... any >conveyance, or vehicle, and within a distance of 25 miles from any such external boundary, to have access to private >lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United >States." > >And, the agents can do so without a warrant or a knock, Smith said. > >Yesterday's meeting was led by a panel of immigration activists, including Roberto Martinez of the American Friends Service >Committee; Norberto Cisneros, an immigration attorney in private practice; Vincent Brunkow of Federal Defenders of San >Diego; and Michael Huspek, a California State University San Marcos professor of communications who is writing a book >about the border. > >Cisneros said that when he first heard of the statute, "I couldn't believe it," adding that he could find no attempts to challenge it. > >"If (the Border Patrol's power) is reasonable and necessary, that's something that could be tested in court," he said. > >The panel urged residents to write letters to elected officials and to document every incident. > >Not all residents in attendance were angry. Campo/Mountain Empire Kiwanis Club president Bob Hays said his group >"supports the Border Patrol 100 percent." While some of the Border Patrol actions may not be the most desirable, Hays said >the alternative would be worse. > >Five years ago, Border Patrol agents were a welcome sight in these rural hills. The 50 or so agents generally were well-known >and often friends, the residents said. Their uniforms represented a protection against the increasing illegal immigration. > >All that drastically changed in 1994 with Operation Gatekeeper, which stepped up efforts to stop immigration at the Imperial >Beach-Tijuana crossings. > >The migration moved east, with far more undocumented immigrants entering through the Campo, Manzanita and Tierra del Sol >hills than ever before. > >Now instead of 50 agents operating out of the Campo office, there are 360, and the once-peaceful coexistence has eroded. > >The residents' emotions were raised even higher yesterday when just as they gathered in the auditorium of Mountain Empire >High School they learned that one of the meeting's organizers, Yvonne Reese, had been detained by agents while on her way >to the meeting. An agent allegedly was bitten by her dog while he was chasing immigrants on her property. > >Reese said she was detained for more than two hours, just until the meeting was over. She said she never saw the dog bite the >agent. > >Villareal acknowledged that Reese was detained and her dog was impounded for rabies testing. > >"It doesn't appear that either the agents or Yvonne Reese provoked the dog's attack," Villareal said. >-CITE- >8 USC Sec. 1357 > >-EXPCITE- >TITLE 8 >CHAPTER 12 >SUBCHAPTER II >Part IX > >-HEAD- >Sec. 1357. Powers of immigration officers and employees > >-STATUTE- >(a) Powers without warrant >Any officer or employee of the Service authorized under >regulations prescribed by the Attorney General shall have power >without warrant - >(1) to interrogate any alien or person believed to be an alien >as to his right to be or to remain in the United States; >(2) to arrest any alien who in his presence or view is entering >or attempting to enter the United States in violation of any law >or regulation made in pursuance of law regulating the admission, >exclusion, or expulsion of aliens, or to arrest any alien in the >United States, if he has reason to believe that the alien so >arrested is in the United States in violation of any such law or >regulation and is likely to escape before a warrant can be >obtained for his arrest, but the alien arrested shall be taken >without unnecessary delay for examination before an officer of >the Service having authority to examine aliens as to their right >to enter or remain in the United States; >(3) within a reasonable distance from any external boundary of >the United States, to board and search for aliens any vessel >within the territorial waters of the United States and any >railway car, aircraft, conveyance, or vehicle, and within a >distance of twenty-five miles from any such external boundary to >have access to private lands, but not dwellings, for the purpose >of patrolling the border to prevent the illegal entry of aliens >into the United States; >(4) to make arrests for felonies which have been committed and >which are cognizable under any law of the United States >regulating the admission, exclusion, or expulsion of aliens, if >he has reason to believe that the person so arrested is guilty of >such felony and if there is likelihood of the person escaping >before a warrant can be obtained for his arrest, but the person >arrested shall be taken without unnecessary delay before the >nearest available officer empowered to commit persons charged >with offenses against the laws of the United States; and >(5) to make arrests - >(A) for any offense against the United States, if the offense >is committed in the officer's or employee's presence, or >(B) for any felony cognizable under the laws of the United >States, if the officer or employee has reasonable grounds to >believe that the person to be arrested has committed or is >committing such a felony, >if the officer or employee is performing duties relating to the >enforcement of the immigration laws at the time of the arrest and >if there is a likelihood of the person escaping before a warrant >can be obtained for his arrest. >Under regulations prescribed by the Attorney General, an officer or >employee of the Service may carry a firearm and may execute and >serve any order, warrant, subpoena, summons, or other process >issued under the authority of the United States. The authority to >make arrests under paragraph (5)(B) shall only be effective on and >after the date on which the Attorney General publishes final >regulations which (i) prescribe the categories of officers and >employees of the Service who may use force (including deadly force) >and the circumstances under which such force may be used, (ii) >establish standards with respect to enforcement activities of the >Service, (iii) require that any officer or employee of the Service >is not authorized to make arrests under paragraph (5)(B) unless the >officer or employee has received certification as having completed >a training program which covers such arrests and standards >described in clause (ii), and (iv) establish an expedited, internal >review process for violations of such standards, which process is >consistent with standard agency procedure regarding confidentiality >of matters related to internal investigations. >(b) Administration of oath; taking of evidence >Any officer or employee of the Service designated by the Attorney >General, whether individually or as one of a class, shall have >power and authority to administer oaths and to take and consider >evidence concerning the privilege of any person to enter, reenter, >pass through, or reside in the United States, or concerning any >matter which is material or relevant to the enforcement of this >chapter and the administration of the Service; and any person to >whom such oath has been administered, (or who has executed an >unsworn declaration, certificate, verification, or statement under >penalty of perjury as permitted under section 1746 of title 28) >under the provisions of this chapter, who shall knowingly or >willfully give false evidence or swear (or subscribe under penalty >of perjury as permitted under section 1746 of title 28) to any >false statement concerning any matter referred to in this >subsection shall be guilty of perjury and shall be punished as >provided by section 1621 of title 18. >(c) Search without warrant >Any officer or employee of the Service authorized and designated >under regulations prescribed by the Attorney General, whether >individually or as one of a class, shall have power to conduct a >search, without warrant, of the person, and of the personal effects >in the possession of any person seeking admission to the United >States, concerning whom such officer or employee may have >reasonable cause to suspect that grounds exist for exclusion from >the United States under this chapter which would be disclosed by >such search. >(d) Detainer of aliens for violation of controlled substances laws >In the case of an alien who is arrested by a Federal, State, or >local law enforcement official for a violation of any law relating >to controlled substances, if the official (or another official) - >(1) has reason to believe that the alien may not have been >lawfully admitted to the United States or otherwise is not >lawfully present in the United States, >(2) expeditiously informs an appropriate officer or employee of >the Service authorized and designated by the Attorney General of >the arrest and of facts concerning the status of the alien, and >(3) requests the Service to determine promptly whether or not >to issue a detainer to detain the alien, >the officer or employee of the Service shall promptly determine >whether or not to issue such a detainer. If such a detainer is >issued and the alien is not otherwise detained by Federal, State, >or local officials, the Attorney General shall effectively and >expeditiously take custody of the alien. >(e) Restriction on warrantless entry in case of outdoor >agricultural operations >Notwithstanding any other provision of this section other than >paragraph (3) of subsection (a) of this section, an officer or >employee of the Service may not enter without the consent of the >owner (or agent thereof) or a properly executed warrant onto the >premises of a farm or other outdoor agricultural operation for the >purpose of interrogating a person believed to be an alien as to the >person's right to be or to remain in the United States. >(f) Fingerprinting and photographing of certain aliens >(1) Under regulations of the Attorney General, the Commissioner >shall provide for the fingerprinting and photographing of each >alien 14 years of age or older against whom a proceeding is >commenced under section 1252 of this title. >(2) Such fingerprints and photographs shall be made available to >Federal, State, and local law enforcement agencies, upon request. > >-SOURCE- >(June 27, 1952, ch. 477, title II, ch. 9, Sec. 287, 66 Stat. 233; >Oct. 18, 1976, Pub. L. 94-550, Sec. 7, 90 Stat. 2535; Oct. 27, >1986, Pub. L. 99-570, title I, Sec. 1751(d), 100 Stat. 3207-47; >Nov. 6, 1986, Pub. L. 99-603, title I, Sec. 116, 100 Stat. 3384; >Oct. 24, 1988, Pub. L. 100-525, Sec. 2(e), 5, 102 Stat. 2610, 2615; >Nov. 29, 1990, Pub. L. 101-649, title V, Sec. 503(a), (b)(1), 104 >Stat. 5048, 5049; Dec. 12, 1991, Pub. L. 102-232, title III, Sec. >306(a)(3), 105 Stat. 1751.) > >-MISC1- >AMENDMENTS >1991 - Subsec. (a)(4). Pub. L. 102-232 substituted a semicolon >for comma at end. >1990 - Subsec. (a). Pub. L. 101-649, Sec. 503(a), struck out >'and' at end of par. (3), substituted 'United States, and' for >'United States. Any such employee shall also have the power to >execute any warrant or other process issued by any officer under >any law regulating the admission, exclusion, or expulsion of >aliens.' at end of par. (4), and added par. (5) and concluding >provisions. >Subsec. (f). Pub. L. 101-649, Sec. 503(b)(1), added subsec. (f). >1988 - Subsec. (d). Pub. L. 100-525, Sec. 5, added par. (3) and >closing provisions and struck out former par. (3) which read as >follows: 'requests the Service to determine promptly whether or not >to issue a detainer to detain the alien, the officer or employee of >the Service shall promptly determine whether or not to issue such a >detainer. If such a detainer is issued and the alien is not >otherwise detained by Federal, State, or local officials, the >Attorney General shall effectively and expeditiously take custody >of the alien.' >Subsec. (e). Pub. L. 100-525, Sec. 2(e)(2), made technical >amendment to directory language of Pub. L. 99-603, Sec. 116, and >redesignated the subsec. (d) added by such Sec. 116, as (e). See >1986 Amendment note below. >1986 - Subsec. (d). Pub. L. 99-570 added subsec. (d). >Subsec. (e). Pub. L. 99-603, as amended by Pub. L. 100-525, Sec. >2(e), added subsec. (e), which prior to amendment by Pub. L. >100-525, was designated as a second subsec. (d) of this section. >1976 - Subsec. (b). Pub. L. 94-550 inserted '(or who has executed >an unsworn declaration, certificate, verification, or statement >under penalty of perjury as permitted under section 1746 of title >28)' after 'to whom such oath has been administered' and '(or >subscribe under penalty of perjury as permitted under section 1746 >of title 28)' after 'give false evidence or swear'. >EFFECTIVE DATE OF 1991 AMENDMENT >Amendment by Pub. L. 102-232 effective as if included in the >enactment of the Immigration Act of 1990, Pub. L. 101-649, see >section 310(1) of Pub. L. 102-232, set out as a note under section >1101 of this title. >EFFECTIVE DATE OF 1988 AMENDMENT >Amendment by section 2(e) of Pub. L. 100-525 effective as if >included in enactment of Immigration Reform and Control Act of >1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out >as a note under section 1101 of this title. > >-CROSS- >CROSS REFERENCES >Definition of the term - >Alien, see section 1101(a)(5) of this title. >Attorney General, see section 1101(a)(5) of this title. >Entry, see section 1101(a)(13) of this title. >Immigration officer, see section 1101(a)(18) of this title. >Service, see section 1101(a)(34) of this title. >United States, see section 1101(a)(38) of this title. > >-SECREF- >SECTION REFERRED TO IN OTHER SECTIONS >This section is referred to in sections 1226, 1304 of this title. >-END- <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are not allowed. Substance—not soap-boxing! 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