By Brad Wong | Equal Voice News<\/p>\n
The 2013 report from Border Network for Human Rights (BNHR) lists about two dozen incidents involving questionable law enforcement actions, immigration matters and Latino residents who live in and around El Paso, Texas.<\/p>\n
As in: A person identified as \u201cJ.F.\u201d reported on Feb. 20, 2013 that a police officer stopped him for a minor traffic infraction \u2013 but asked to see his social security number, said he would arrest him if he did not exit his car and threatened to summon U.S. immigration agents to the scene. A person identified as \u201cM.B.\u201d said that in June 2012 sheriff deputies entered his house saying they had received a report of domestic abuse \u2013 though \u201cM.B.\u201d explained there was no such incident and he never consented to a search.<\/p>\n
Two people staff a table as part of Border Network for Human Rights’ (BNHR) annual “Abuse Documentation Campaign,” which asks residents in El Paso, Texas whether they believe their legal rights were violated by law enforcement, especially in terms of immigration matters. Photo courtesy of BNHR
\nSo, when Fernando Garcia, the BNHR executive director, and volunteers tallied the answers from the annual \u201cAbuse Documentation Campaign\u201d in December, they discovered something unexpected. For the first time since the extended interviews of residents began 13 years ago, no one filed a report alleging a civil rights or abuse violation involving the U.S. Border Patrol in the El Paso area.<\/p>\n
\u201cWe were skeptics. We thought we weren\u2019t reaching out to enough people. We extended the campaign by another week,\u201d Garcia recalled.<\/p>\n
\u201cWe set up documentation tables in public places, in schools, churches, community centers, parks and ports of entry.\u201d<\/p>\n
The answer remained the same. What worked?<\/p>\n
For the past dozen years or so, Garcia, his staff and community volunteers conducted interviews with residents that lasted up to 45 minutes. Then, they discussed their findings in public and held forums and meetings to engage law enforcement officials to find solutions \u2013 or at least start a dialogue.<\/p>\n
They also held seminars in Spanish to let El Paso-area residents know about their rights under the U.S. Constitution, especially regarding searches and seizures and what a law enforcement official can and cannot do.<\/p>\n
\u201cIt was 13 years of organizing and educating,\u201d Garcia said. \u201cThis doesn\u2019t mean that abuses don\u2019t happen. But it is a success.\u201d<\/p>\n
Equal Voice News contacted the Border Patrol for a comment regarding the BNHR report, their outreach efforts and years of community meetings. A federal spokeswoman in El Paso said that she would look into the matter.<\/p>\n
Around 1999 and 2000, Latino residents living along the U.S.-Mexico border in this Texas city had a different view of Border Patrol agents, Garcia said. When Border Patrol trucks rolled by in neighborhoods, kids playing outside would scatter.<\/p>\n
BNHR\u2019s first report in 2000 found that out of 100 interviews \u2013 which had location and testimony \u2013 70 percent of the respondents said they had some type of concern with the Border Patrol, including questions over possible racial profiling, unlawful searches and verbal abuse.<\/p>\n
Garcia took the findings to the local news media and talked about \u201cabusive\u201d practices. That prompted a call from the Border Patrol and a request for a meeting.<\/p>\n
\u201cThey were upset,\u201d Garcia recalled. \u201cThey said, \u2018Why didn\u2019t you come to us first?\u2019\u201d<\/p>\n
BNHR contacted the Border Patrol several times, Garcia recalled, but the efforts led nowhere.<\/p>\n
\u201cBut we agreed back then to open direct communication channels with the Border Patrol and to do joint community forums and to talk about the rights of individuals and the authority of the Border Patrol,\u201d he said.<\/p>\n
In the El Paso area, the Border Patrol created a community relations officer position, who does not wear a uniform and is unarmed. That person started attending community forums to answer questions.<\/p>\n
\u201cWe worked with them to have someone who was not threatening,\u201d Garcia said.<\/p>\n
BNHR also made and passed out literature outlining the Fourth and Fifth amendments \u2013 in English and Spanish \u2013 so that residents and law enforcement officials are both aware of unreasonable searches and seizures and due process of law, said Irma Cruz, a coordinator with the community group.<\/p>\n
By 2006 and 2007 \u2013 years after the engagement began and pressure tactics were used \u2013 the BNHR annual interviews started showing fewer community concerns involving the Border Patrol. At one point, less than half of the respondents had issues with the Border Patrol, Garcia said.<\/p>\n
By 2009 and 2010, complaints involving the federal agency dipped to 20 percent of the respondents. \u201cWe still had problems. Every year, we met with them and gave them the results. That was part of our commitment,\u201d Garcia said.<\/p>\n
But the \u201caccountability mechanism,\u201d as he pointed out, was in place and having community residents take on the role of \u201chuman rights promoters,\u201d as well as attorneys and professors interested in the U.S.-Mexico border, took root.<\/p>\n
\u201cThere were a lot of elements of mistrust at the beginning. When the Border Patrol realized that BNHR wasn\u2019t a traditional organization, that this was a community organization with many members, who are part of the process, they realized they were dealing with a community,\u201d Garcia said.<\/p>\n
\u201cI believe that was key.\u201d<\/p>\n
BNHR and community members also were willing to hold meetings with Border Patrol officials. In some places, Garcia said, Border Patrol officials only hear blame and complaints.<\/p>\n
\u201cSome organizations don\u2019t want to engage with the Border Patrol. If you do, you\u2019re selling out,\u201d he said. \u201cBut one day, we don\u2019t want to document any abuse.\u201d<\/p>\n
Cruz, a coordinator with BNHR, pointed to one lesson that she has learned by working on this annual project and raising awareness of El Paso residents.<\/p>\n
\u201cThe Constitution is for everyone in this country,\u201d she said. \u201cWe are not just protesting. We are giving solutions and finding answers to problems.\u201d<\/p>\n