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ACLU sues Border Patrol over inland sweeps
The Daily Bulletin ^ | 12/16/2004 | BRENDA GAZZAR, STAFF WRITER

Posted on 12/16/2004 11:08:57 AM PST by Smogger

The American Civil Liberties Union sued the government Wednesday in an effort to obtain records involving Border Patrol arrests this summer in Southern California's inland areas, including Ontario. The ACLU said it filed the suit in federal court in Los Angeles because the U.S. Customs and Border Protection - which oversees Border Patrol agents - did not comply with its requests for information in July.

More than 400 undocumented immigrants were arrested in June by the Mobile Patrol Group of the Temecula Border Patrol Station, including 79 in Ontario and 75 in Corona.

"We think that the community's questions about why the raids happened remain unanswered," said Ranjana Natarajan, an attorney with the ACLU of Southern California. "Our hope is that in these documents, we can get to the bottom of why they occurred in the first place and whether they were conducted in a lawful manner."

Mario Villarreal of the U.S. Customs & Border Patrol said late Wednesday that it would be inappropriate to comment on the pending lawsuit as it had not yet been reviewed.

He did take issue, however, with language the ACLU used in a press release about the case.

"These were absolutely not raids," Villarreal said. "Everything was driven by intelligence that had been previously gathered ... by various sources, law enforcement, from the community themselves."

ACLU officials are seeking records involving the number of people questioned, detained and deported along with the agency's justification and authorization of the inland area arrests. The group also seeks information about the law enforcement methods and techniques used, according to the lawsuit.

Under the Freedom of Information Act, a public agency has 20 days to respond to an information request. After getting no response, ACLU officials filed an appeal. The agency said it was suffering from a backlog of requests but did not say whether it plans to answer the request, Natarajan said.

"These raids were extremely unusual, as the CBP's usual jurisdiction is limited to areas at or near an international border," according to the lawsuit.

Asa Hutchinson, undersecretary of border and transportation security, said this summer that while Border Patrol acted within its legal authority during the inland raids, it should have received prior approval from its Washington headquarters because of the distance from the border.

Border Patrol members have argued they have the right to enforce the law anywhere in the country, but the 12-man Mobile Patrol Group has now been relegated closer to the border, said T.J. Bonner, president of the union that represents Border Patrol employees nationwide.

Bonner said he believes that much of the information the ACLU is requesting probably does not exist.

"If in fact (agents) were required to keep the kinds of records they were fishing for, it would tie our hands more than they are already," Bonner said. "It would be like you trying to fill out a detailed justification for every contact that you made."

The ACLU lawsuit, just as the arrests this summer, drew intense criticism as well as cheers from the community.

Activist Jose Calderon, a Pitzer College professor, said he was hopeful the lawsuit would cause the release of documents that would prove that human rights were violated and that racial profiling was used as he and others suspect.

"We had at least two meetings with Border Patrol to try to find out some of that information and we got very little back," said Calderon, president of San Gabriel Valley and Inland Valley Latino Round Table. "In fact, we got more information from television."

Andy Ramirez, executive director of Friends of the Border Patrol, said he believes the lawsuit is ludicrous.

"It's nothing more than flexing muscle. For what? Illegal aliens," Ramirez said. "They are not flexing their muscles for American citizens."

Groups such as the ACLU, he said, "won't let the Border Patrol agents and (Immigration and Customs Enforcement) do their jobs and enforce the laws."

-------------------------------------------------------------------------------- In June, the 12-man Mobile Patrol Group of the Temecula Border Patrol Station arrested more than 400 undocumented immigrants in inland areas, including San Bernardino, Riverside and North Orange counties. • The sweeps drew passionate criticism and cheers from local community members.

• Border Patrol agents have not made any more interior arrests since this summer and say they are no longer allowed to do so.

• The ACLU has requested information on the number of people questioned, of those the number of those traveling by foot and by vehicle, each person's country of citizenship, race and/or ethnicity, their visa status, the location, date and time of the encounter, any criminal or immigration charges filed, and other details.

-------------------------------------------------------------------------------- Brenda Gazzar can be reached by e-mail atbrenda.gazzar@dailybulletin.com or by phone at (909) 483-9355.


TOPICS: Front Page News; News/Current Events; US: California
KEYWORDS: aclu; aliens; borderpatrol; dhs; illegalimmigrants; immigration; lawsuit; leftistfifthcolumn
"These raids were extremely unusual, as the CBP's usual jurisdiction is limited to areas at or near an international border," according to the lawsuit.

Oh brother.. Some of the raids were conducted in Ontario. We're about two hours away from the border if that isn't near an international border I don't know what is.

1 posted on 12/16/2004 11:08:57 AM PST by Smogger
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To: Smogger

Is there any end to these ridiculous lawsuits by the ACLU???
Here we are in the middle of a war and trying to secure the borders and these clowns have nothing better to do than to file frivolous lawsuits...


2 posted on 12/16/2004 11:11:52 AM PST by kellynla (U.S.M.C. 1st Battalion,5th Marine Regiment, 1st Marine Div. Viet Nam 69&70 Semper Fi)
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To: Smogger

I want to sue the Border Patrol for stopping the raids.


3 posted on 12/16/2004 11:11:58 AM PST by Bikers4Bush (Flood waters rising, heading for more conservative ground. Vote for true conservatives!)
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To: gubamyster; NewRomeTacitus; ALIPAC

Immigration PING!


4 posted on 12/16/2004 11:12:38 AM PST by RepublicanReptile ("Civilization is the process of freeing men from men" Ayn Rand)
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To: Smogger

Do these idiots ever defend someone or something that ISN'T a minority?


5 posted on 12/16/2004 11:13:41 AM PST by highnoon (ACLUSTFU....my newest homemade bumper sticker!)
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To: Bikers4Bush

I want to sue the ACLU.


6 posted on 12/16/2004 11:14:20 AM PST by escapefromboston (manny ortez: mvp)
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To: Smogger
It's nothing more than flexing muscle. For what? Illegal aliens...

And the problem with this is... ????

7 posted on 12/16/2004 11:14:29 AM PST by BlueNgold (Feed the Tree .....)
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To: Bikers4Bush

I'll join you in that suit.


8 posted on 12/16/2004 11:15:15 AM PST by StoneColdGOP (Name a shrub after me - something prickly and hard to eradicate.)
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To: kellynla
Q: Does anyone know who funds the ACLU?

A: WE DO! -- taxpayers.

HOWDYA like them apples?

9 posted on 12/16/2004 11:15:55 AM PST by Baynative (There aren't blue states - only BLUE CITIES!)
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Comment #10 Removed by Moderator

To: Smogger
The ACLU would sue water for being to wet. Who are these people and is it a requirement to be a U.S. resident to be a members and if not then why should any court allow them to dictate U.S. social policies? Is there a list of donors somewhere we could exploit?
11 posted on 12/16/2004 11:18:04 AM PST by TheForceOfOne
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To: Smogger

makes you wonder whose side the aclu is on.


12 posted on 12/16/2004 11:18:08 AM PST by ken21 (kerrycide = running 4 president on treasonous service in vietnam)
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To: highnoon

Hispanics aren't a minority in California.


13 posted on 12/16/2004 11:23:48 AM PST by Smogger
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To: ken21

Anybody but America!!!


14 posted on 12/16/2004 11:26:21 AM PST by Mr. Keys
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To: ken21
makes you wonder whose side the aclu is on.

They are on their own side.

15 posted on 12/16/2004 11:29:08 AM PST by AreaMan
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To: Smogger

Texas either....


16 posted on 12/16/2004 11:30:24 AM PST by highnoon (ACLUSTFU....my newest homemade bumper sticker!)
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To: TheForceOfOne
Donors; O'Reilly reported last night that Paul Newman is a major contributor. I knew he supported "some" liberal causes, but the ACLU?!?!

(crossing Newmans' Own Salad Dressing off the shopping list)

17 posted on 12/16/2004 11:30:46 AM PST by GoldCountryRedneck (No matter where you go....there you are.)
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To: Smogger

I'd like to know what the "bend over and take it because a Republican is in office" crowd thinks about this.


18 posted on 12/16/2004 11:31:12 AM PST by AreaMan
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To: Smogger
Time to rule the ACLU subversive and shut them down permanently!

Their supporters are communists and homosexuals.

19 posted on 12/16/2004 11:33:52 AM PST by JesseHousman
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To: Smogger

Where's Bush - oh yeah forgot he is afraid to stand up for middle america. Eletist like Bush probably love this -screw us we dont count we can all suffer with overcrowding in our schools and hospitals, increased crime, taxes and drugs - doesnt affect them.


20 posted on 12/16/2004 11:37:47 AM PST by sasafras (sasafras (The road to hell is paved with good intentions))
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To: GoldCountryRedneck

This guy has always been a loser, a James Dean wannabe.


21 posted on 12/16/2004 11:41:54 AM PST by TheForceOfOne
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To: ken21
makes you wonder whose side the aclu is on.

Does the term "Devil's Advocate" ring a bell?

22 posted on 12/16/2004 11:43:06 AM PST by Prime Choice (Merry Christmas and a Happy New Year! ...And if you can't be good, be careful.)
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To: sasafras
...screw us we don't count we can all suffer with overcrowding in our schools and hospitals, increased crime, taxes and drugs - doesn't affect them.

Oh we counted alright, up until the returns on Nov 2. were in.

Now that Mssrs. Bush and Rove got what they wanted we don't count anymore.
There's money to be made don't ya know? We can't have retro notions such as national sovereignty, rule of law or national identity gum up the works.

Prior to Nov 2 we were supporters or "the base" but now we are xenophobes, nationalists, racists, or whatever the slur of the day is.

23 posted on 12/16/2004 11:48:01 AM PST by AreaMan
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To: escapefromboston
I want to sue the ACLU.

Me too. Sue them right into bankruptcy....

24 posted on 12/16/2004 11:48:09 AM PST by b4its2late (It was so cold here today I saw a lawyer with his hands in his own pockets.)
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To: Smogger
Activist Jose Calderon, a Pitzer College professor, said he was hopeful the lawsuit would cause the release of documents that would prove that human rights were violated and that racial profiling was used as he and others suspect.

Activist must equal brain dead. Of course racial profiling was used. In southern California the vast majority of illegal aliens would be mexican would they not? Should the border patrol be looking for leggy pale swedish blonds instead?

Why, oh why, can't there be a non-curable disease that only kills liberals? (well there is AIDS but I really wanted something quicker)

25 posted on 12/16/2004 12:12:10 PM PST by John O (God Save America (Please))
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To: Smogger

26 posted on 12/16/2004 12:18:26 PM PST by JesseHousman
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To: Smogger
Can't say everybody is going to behave perfectly every time, but the ACLU insults everyone in this country when it comes up with the claim that it has to go ploughing through the arrest records of illegals to see if there might have been any human rights violations.

In fact, this particular law suit of theirs constitutes fighting words, and capital offense fighting words at that.

There can be only one motive for this ~ the ACLU and it's members seek to harm this country and every American.

27 posted on 12/16/2004 12:25:59 PM PST by muawiyah
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To: Smogger

bump for later tonight

See the ANTI-DNC Web Portal at --->
http://www.noDNC.com


28 posted on 12/16/2004 12:49:38 PM PST by woodb01 (See the ANTI-DNC Web Portal at ---> http://www.noDNC.com)
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To: AreaMan

well said


29 posted on 12/16/2004 12:57:28 PM PST by sasafras (sasafras (The road to hell is paved with good intentions))
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Comment #30 Removed by Moderator

To: Smogger

Maybe the Border Patrol is being restricted to closer to the border because it isn't their responsibility to enforce the immigration laws away from the border.

If this is the case, then I don't have a problem with the border patrol being told to concentrate on the area they are supposed to be concentrating on. The arrests still should have been made, but maybe a different area of federal law enforcement should have been making the arrests.

I find the ACLU lawsuit offensive in any case. However, the border patrol should have responded to their request, but it should have been a response that they were not able to reveal the confidential sources that provided the tip.

We need to aggressively enforce our immigration laws. If it's not the border patrol's job to enforce them away from the border, then the people who should enforce them need to be doing a much better job of it.

If there is a jurisdictional issue, then they need to work it out, and get the right people doing the job, however the job needs to get done.


31 posted on 12/16/2004 2:11:22 PM PST by untrained skeptic
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To: Revel

Here you go Revel :)

Thanks for the freep mail.


32 posted on 12/16/2004 3:05:17 PM PST by Calpernia (Breederville.com)
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To: untrained skeptic
Maybe the Border Patrol is being restricted to closer to the border because it isn't their responsibility to enforce the immigration laws away from the border. If this is the case, then I don't have a problem with the border patrol being told to concentrate on the area they are supposed to be concentrating on.

If it isn't their responsibility to enforce immigration laws away from the border then why do they maintain checkpoints (both inland and on the coast) that are 100+ miles north of the border?

But I agree with you if their efforts are just be re-concentrated. Somehow I doubt that was the motivation.

33 posted on 12/16/2004 3:11:17 PM PST by AreaMan
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To: KylaStarr; Cindy; StillProud2BeFree; nw_arizona_granny; All; Revel; Velveeta; Old Sarge; ...

Now for a broader picture on the immigration issue

Read this whole thread but pay SPECIAL ATTENTION to freeper archy's testamony that he found and shared with us:

"Asa Hutchinson, an official in the Department of Homeland Security, recently cut down a Border Patrol initiative to catch illegal aliens. The reason? It was catching too many illegal aliens."

From Mena, former head of DEA, to "guarding" the borders.

http://www.freerepublic.com/focus/f-news/1302935/posts?page=10#10


34 posted on 12/16/2004 4:03:27 PM PST by Calpernia (Breederville.com)
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To: Calpernia

ACLU the Anti-all that is good organization which operates without a CLUe.

===
===

http://www.google.com/search?q=%22ACLU%22&hl=en&lr=&filter=0


35 posted on 12/16/2004 4:10:13 PM PST by Cindy
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To: Jay777

Ping


36 posted on 12/16/2004 4:11:28 PM PST by EdReform (Free Republic - helping to keep our country a free republic. Thank you for your financial support!)
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To: EdReform

My ping list is at work. You have the one I mailed to you?


37 posted on 12/16/2004 5:43:59 PM PST by Jay777
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To: Cindy
You can join the fight against the ACLU and their ilk by becoming involved with and supporting the following organizations:

Alliance Defense Fund (ADF) - http://www.alliancedefensefund.org

Thomas More Law Center (TMLC) - http://www.thomasmore.org

American Center for Law and Justice (ACLJ) - http://www.aclj.org

The Rutherford Institute - http://www.rutherford.org/

Stop the ACLU Coalition - http://www.stoptheaclu.org


Here are a few examples of how two of those organizations are fighting back:

ADF Contacts Over 3,600 School Districts Over Attempts To Censor Christmas

ADF: 700 lawyers ready to fight ACLU lawsuits

ADF: Pentagons' Warning About Boyscouts Is Absurd

Thomas More Law Center: Town of Palm Beach Pays $50,000 In Attorney Fees Apologizes To Women In Nativity Lawsuit


Additional information:

The ACLU must be destroyed: Joseph Farah supports Boy Scouts, urges Americans to fight back

Citizens mobilized to stop ACLU (seeks to consign group to 'ash heap of history')

ACLU fulfilling communist agenda

Revealing FACTS on the ACLU from its own writings

See how YOUR Senator or Representative ranks with the ACLU


38 posted on 12/16/2004 5:47:17 PM PST by Jay777
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To: Jay777

bttt


39 posted on 12/16/2004 5:51:09 PM PST by 4.1O dana super trac pak (Stop the open borders death cult)
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To: 4.1O dana super trac pak

Thanks for the Bump. Wanna be on the ping list? My new passion is fighting the ACLU! This is to all...the whole lie about a seperation of Church and state...don't they just apply that to the government? I mean can't churches organize and make a political statement? If so....they need to organize and fight the ACLU...cause it is fighting them. Talk to your pastors people.


40 posted on 12/16/2004 6:06:13 PM PST by Jay777
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To: 4.1O dana super trac pak; b4its2late; LNewman; RepCath; Liz; IronJack; Grampa Dave; MeekOneGOP; ...

ACLU Ping


41 posted on 12/16/2004 6:37:09 PM PST by Jay777
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To: Jay777

Thank you Jay for the ping.


42 posted on 12/16/2004 7:31:48 PM PST by Cindy
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To: Cindy

Here is a group fighting the ACLU that needs members.

http://www.aclusux.com

Also, promote Christmas and protest the ACLU at the same time. Buy your Christmas Pin...

It's Ok to Say Merry Christmas. SAY IT! BELIEVE IT! WEAR IT!
http://www.alliancedefensefund.org/christmas/aboutchristmas.php


43 posted on 12/16/2004 7:42:53 PM PST by Jay777
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To: Smogger

When are we going to start suing the ACLU?


44 posted on 12/16/2004 8:11:39 PM PST by sweetliberty (Just because we CAN do something, doesn't mean we should.)
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To: escapefromboston
I want to sue the ACLU.

It's the only thing they understand, and it's the only way to stop them.

Seriously, we're going to have to start doing this.

45 posted on 12/16/2004 9:56:16 PM PST by texasbluebell
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To: Smogger

46 posted on 12/16/2004 10:10:31 PM PST by Grampa Dave (Rummy Phobia is the new mental disorder of the left. It is similiar to Hate GW Syndrome!)
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To: Smogger

47 posted on 12/16/2004 10:12:24 PM PST by Grampa Dave (Rummy Phobia is the new mental disorder of the left. It is similiar to Hate GW Syndrome!)
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