Border Patrol arrests disputed

Recent U.S. Border Patrol arrests of undocumented immigrants in San Bernardino County this month did not follow procedures of the Department of Homeland Security, eight congressmen learned Friday.

As a result, the department is reviewing the operations of the newly formed Mobile Patrol Group at the border patrol station in Temecula, which has arrested more than 420 people in interior operations this month, said Suzanne Luber, a spokeswoman for the department.

Such operations in the future will be reviewed and authorized by the U.S. Customs and Border Protection headquarters in Washington, D.C., Luber said.

In a private meeting, Asa Hutchinson, the department's undersecretary for border and transportation security, told the Southern California lawmakers about the flawed arrests, including 79 in Ontario on June 4, and 75 from Corona on June 5.

Hutchinson expects to send a ``thorough, written response'' early next week to those members of Congress, Luber said.

``He also told them while the U.S. Border Patrol activities in Temecula were within the statutory authority of the law, there was not an appropriate headquarters review and approval prior to the beginning of the operations,'' she said. ``With interior enforcement, the procedure is that the operation needs to be evaluated prior to their start, and should receive approval from headquarters' level. In this situation, that procedure was not followed.''

Rep. Joe Baca, D-San Bernardino, who was among those who met with Hutchinson Friday, said he was pleased that the undersecretary responded to his concerns so quickly.

``I'm glad that a resolution was found to this crisis,'' Baca said in a written statement issued by his office. ``This was not an issue of immigration. This was an issue of agencies following the procedures that are laid out for them in order to protect the security of all residents. It was an issue of not targeting people for crimes based on the color of their skin, or the language they speak.''

Luber described the Temecula unit's actions as a coordination problem and not a disciplinary one since no laws were violated.

Formerly, when the U.S. Border Patrol was under the U.S. Department of Justice, agents did not need headquarters approval to do interior operations, she said. That changed, however, after the creation of Homeland Security in March 2003.

Interior immigration enforcement, she said, is typically the role of U.S. Immigration and Customs Enforcement, a separate entity that also falls under the Department of Homeland Security.

Luber said she did not know whether interior border patrol arrests like those that have recently occurred would be approved in the future.

When the Temecula station redeployed personnel to form the mobile patrol group, the San Diego Sector Border Patrol chief granted local approval to conduct roving patrol duties, said Gloria Chavez, a Washington, D.C. based spokeswoman for U.S. Customs and Border Protection.

Since the agents have had some roving patrol duties previously and since the unit's actions were not considered a special operation, no headquarters approval was sought, she said.

Approval for such operations, however, will be sought in the future, Chavez said.

During the mass arrests, immigrants were reportedly detained on the streets, outside Latino markets and while getting off buses. More than half of the arrests have taken place in the area of Escondido.

Border Patrol officials have said that the mobile patrol, which was formed within the past few months, does not reflect a change in policy, but is the result of the freeing up of manpower at the Temecula station.

Border Patrol agents have said they have received numerous phone calls and e-mails in support of their actions. Immigrant support groups say that the arrests have sparked fear in their communities, resulting in poor attendance in schools and decreased business in some areas.

In a written statement, Rep. Hilda Solis, D-El Monte, who also attended Friday's meeting, said she hoped that ``we will continue to be informed of their operations which should be focused on criminal immigrants instead of hardworking immigrants.''

Same thing is happening here in Santa Cruz. Last Monday my Mexican gardener showed up looking ashen and shocked and told me that 400 Mexicans had been picked up from the streets and sent to Tijuana, children and all. I kept watching the paper all week, and then on Friday the following article was published. *****************************************************

Immigration-sweep rumors unfounded, officials insist

By DONNA JONES

Sentinel staff writer

WATSONVILLE —

Mexican Consul General Bruno Figueroa flatly denied Thursday that U.S. immigration authorities are conducting sweeps in Santa Cruz County.

Figueroa’s comments, during a morning press conference at City Hall, came after days of fear and increasing anger in the city’s Latino community about rumored raids by "la migra," slang for immigration.

The event also featured an array of elected officials or their representatives, community activists and religious leaders, who urged residents who have avoided going out in public in recent days to return to normal activities.

"There are no immigrant sweeps or roundups in this part of California," Figueroa said. "There has not been a single case of a person being detained on the street just because of a lack of documents."

Though his San Jose office has received calls about the random raids, it has been unable to substantiate any, he said. He believes the rumors are based on recent highly publicized sweeps in Southern California.

If any Mexican citizen had been picked up by immigration and deported, he would have to be informed because he has to confirm the detainee’s citizenship before they can be sent home, Figueroa said.

Alec Arago, speaking for Rep. Sam Farr, D-Carmel, said the congressman has checked with immigration authorities and been assured no random searches and detentions are occurring on the Central Coast. Nor have any witnesses come forward to tell the congressman’s office that a friend or family member had been taken.

Despite reassurances, uncertainty lingered.

City Councilwoman Ana Ventura Phares said she didn’t know what to think, after listening to a woman tell Figueroa about an alleged incident in Santa Cruz.

Speaking during the conference, Douglas Keegan, director of the Watsonville-based Santa Cruz County Immigration Project, expressed his frustration at the impact of the rumors, and the inability to pin them down.

"Whoever is spreading these rumors, or conducting the raids, show your face," he urged. "What you are doing is cowardly. Whoever is doing this needs to be held accountable."

Thursday afternoon Keegan said he felt reassured by immigration authorities’ denial of involvement to Farr’s office and the consulate, and by seeing officials and community leaders coming together to express their concern.

But he remains uneasy, he said, over continued reports, and worries that someone might be masquerading as law enforcement officers for reasons unknown. He said he’d like to see an investigation by law enforcement.

Ken Smith of Communities Organized for Relational Power in Action, a coalition of Santa Cruz and Monterey county churches and community groups, arranged the event. He said everyone at the conference is committed to ensuring immigration authorities respect the rights and dignity of individuals.

"Our belief is random immigration checks, which cause fear and intimidation, are unwarranted and unacceptable policy in Santa Cruz and Monterey counties," he said.

Smith and others urged people not to let the rumors interfere with their lives.

"People are suffering, especially kids and people who haven’t been going to health appointments," said Jesus Fernandez of the Center for Community Advocacy. "It’s very important that we need to continue with our daily lives and not be intimidated."

Contact Donna Jones at djones@santacruzsentinel.com.

http://www.santacruzsentinel.com/archive/2004/June/25/local/stories/04local.htm

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