Legal Residents Claim They are Punished for Living Near Mexican Border
By Noel Brinkerhoff | AllGov | January 23, 2014
A leading civil rights group has accused Border Patrol agents of abusing the constitutional rights of U.S. citizens and legal residents living in southern Arizona.
The American Civil Liberties Union (ACLU) is demanding a government investigation of those guarding the border with Mexico.
“Border Patrol checkpoints today bear little resemblance to those authorized by the Supreme Court. Many Border Patrol officials do not understand—or simply ignore—the legal limits of their authority at checkpoints,” James Lyall, an attorney with the ACLU of Arizona, said in an administrative complaint (pdf) sent to the Department of Homeland Security’s (DHS) Office of Inspector General and Office of Civil Rights and Civil Liberties.
The ACLU also forwarded its complaint to Arizona’s congressional representatives, the U.S. Department of Justice and Customs and Border Protection (CBP).
At least 15 American citizens have been subjected to unlawful acts by Border Patrol agents at checkpoints in Arizona, the ACLU claims.
“Residents often experience extended interrogation and detention not related to establishing citizenship, unwarranted searches, racial profiling, verbal harassment, and physical assault, among other abuses,” the letter said.
In one instance, a Border Patrol agent drew his gun at a driver, pulled him from his car and handcuffed him for 45 minutes after the individual declined to answer questions unrelated to citizenship.
Another incident saw Border Patrol agents order a driver and passenger from their vehicle, and place them in wire cages while their car was searched—and all because a service dog detected something in another car.
A third case involved a mother of twin six-year-old children being threatened and assaulted by agents for lawfully attempting to record a search of her vehicle following a false canine alert.
All of the aforementioned individuals, as well as others mentioned in the ACLU complaint, were released and never charged with violating immigration or other laws. The ACLU wants the incidents it documented to be investigated.
The group previously filed two other complaints (in April 2012 and October 2013) alleging abuses by Border Patrol agents. To date, it has not received a response from the government about them.
“The ACLU believes the lack of response to widespread civil rights abuses by the nation’s largest federal law enforcement agency is symptomatic of broader oversight failures within CBP and DHS,” it said in a press release.
To Learn More:
Border Patrol Checkpoints in Southern Arizona Violate the Constitutional Rights of Border Residents, ACLU of Arizona Demands Investigation (American Civil Liberties Union of Arizona)
Complaint and Request for Investigation of Abuses at U.S. Border Patrol Interior Checkpoints in Southern Arizona, including Unlawful Search and Seizure, Excessive Force, and Racial Profiling (American Civil Liberties Union of Arizona and American Civil Liberties Union Border Litigation Project) (pdf)
Federal Judge Rules that Border Patrol Does Not Need Reasonable Suspicion to Confiscate Laptops and Phones (by Noel Brinkerhoff, AllGov)
10 Lawsuits Filed against Border Patrol for Abuse (by Matt Bewig, AllGov)

Immigration Reform Bill Gives Big Money Straight to Largest Defense Contractors
By Noel Brinkerhoff and Danny Biederman | AllGov | July 3, 2013
If the U.S. Senate’s version of the immigration reform bill becomes law, the nation’s largest defense contractors will be quite pleased.
Included in the legislation designed to clear the way for millions of illegal immigrants to become citizens are pricey upgrades for improving security along the U.S.-Mexico border. These upgrades consist of specific purchases that the U.S. Customs and Border Protection (CBP) must make, as written into the proposed law.
For starters, six airborne radar systems made by Northrop Grumman will be purchased, at a cost of $9.3 million a piece.
Helicopter manufacturer Sikorsky will benefit, too, from the legislation, through the Border Patrol buying 15 Black Hawks at $17 million each.
The government even has to buy 17 UH-1N helicopters from Bell Helicopter, even though the company no longer makes that particular model.
Watchdog groups say that these forced purchases prevent competition and constitute an end-run around the bidding process.
The spending requirements—which critics say resemble the old and now abolished practice of earmarks—are part of $46 billion in border security improvements that were folded into the Senate bill to win over Republican votes.
Thirty billion dollars will go towards hiring 19,000 more Border Patrol agents, a doubling of the current force which immigration experts claim—according to Matea Gold of The Washington Post—is both “wasteful and unnecessary.” An additional $7.5 billion will help build 350 miles of fencing along the border, and $4.5 billion will buy new border technology.
The plan provides a 60-day window for Homeland Security Secretary Janet Napolitano to substitute “equivalent brands” for the items on the list of required defense industry purchases. But critics say that is unlikely, given that the product list is so specific.
“Lawmakers have put their thumb on the scale for particular products and technologies,” Steve Ellis, vice president of the nonpartisan Taxpayers for Common Sense, told the Post. “And that is hard for an agency to ignore.”
The parent companies of the products’ manufacturers have donated about $11.5 million to federal candidates and their political campaigns during the past four years, with half coming from Northrop Grumman, according to the Center for Responsive Politics.
To Learn More:
Immigration Deal Would Boost Defense Manufacturers (by Matea Gold, Washington Post)
Virtual Border Fence May be Dead, but Spending on Surveillance Continues (by Noel Brinkerhoff, AllGov)
Defense Contractors Turn to Border Control for New Profits (by Noel Brinkerhoff, AllGov)
Texas Outsourcing Border Security (by Noel Brinkerhoff, AllGov)

