Thread: Forest Service hit for Border Patrol Call

Forest Service hit for Border Patrol call

By Stephen Dinan
The Washington Times
Monday, June 4, 2012


A federal department ruled last week that the Forest Service violated a Spanish-speaking woman's civil rights by calling the Border Patrol to help translate during a routine stop, saying it was "humiliating" to Hispanics and an illicit backdoor way to capture more illegal immigrants.

The ruling by the Agriculture Department's assistant secretary for civil rights could change policies nationwide as law enforcement agencies grapple with how far they can go in trying to help the Border Patrol while not running afoul of racial profiling standards.

Assistant Secretary Joe Leonard Jr. said calling the Border Patrol automatically "escalates" encounters between Hispanics and law enforcement. He ruled that the Forest Service cannot routinely summon the Border Patrol for assistance and said the agency now must document suspected racial profiling nationwide.

"Given the increased risk of being questioned about immigration status during an interaction with [Border Patrol], the policy of using BP for interpretation assistance is problematic in all situations because it places a burden on [limited English proficient] individuals that non-LEP individuals do not experience," Mr. Leonard ruled.

The case stems from a 2011 incident in Olympic National Forest in Washington in which a Forest Service officer encountered a Hispanic couple who he said appeared to be illegally harvesting plants on the federal lands.

The couple didn't speak English and he didn't speak fluent Spanish and, anticipating that situation, he called the Border Patrol for backup and translating.

But when a Border Patrol agent arrived, the couple fled. The woman was apprehended, but the man jumped into a river to try to escape and drowned. The Border Patrol took the woman into custody but released her several days later, reportedly on humanitarian grounds.

The Northwest Immigrant Rights Project complained to the Agriculture Department, which oversees the Forest Service, and last week's ruling was the result.

Matt Adams, legal director of the project, said the Border Patrol has been expanding its reach in the Northwest and that has meant more encounters well away from the border.

"They've got nothing to do out there as far as their traditional mission, that is enforcing people coming through the border. So in order to justify those expanded numbers, they utilize these other tactics," Mr. Adams said. "At the end of the day, they can drag in bigger numbers, but it's not focused on the border."

His group is challenging other federal agencies' use of the Border Patrol for translation services, and has filed requests under the Freedom of Information Act seeking logs for how often agents are used for translation.

Last week's ruling relies in part on an executive order issued during the Clinton administration that says language is interchangeable with national origin, which is protected by federal law.

Groups that push for English-language policies in the U.S. called the new ruling illegal and said the government appeared to be granting special language rights to illegal immigrants.

"The ACLU and illegal alien rights groups are well aware that American courts have never upheld their argument that language and national origin are equal, so they battle out these disputes in private between the agencies in order to come to a settlement where both the courts and the taxpayers are absent from the table," said Suzanne Bibby, director of government relations for ProEnglish. "This is their new strategy because they know they will lose in the courts."

A spokeswoman for U.S. Customs and Border Protection, which oversees the Border Patrol, said the agency is reviewing the ruling but is committed to civil rights.

The union that represents Forest Service employees didn't return a call seeking comment.

In the proceedings, the Forest Service fought on behalf of its officer. It pointed to an operational memo with the Border Patrol that said they are allowed to back up each other. Since Forest Service employees generally are not trained in Spanish, Border Patrol agents are particularly helpful in backing up encounters with Hispanics, the agency said.

Mr. Leonard's 40-page ruling underscored deep mutual distrust on both sides in the town of Forks, in northwestern Washington.

Town residents who told the review board that the Forest Service officer involved in the 2011 stop was known for harassing Hispanics and for working with the Border Patrol.

Meanwhile, the Forest Service officer said he felt like the Hispanic community had been "tracing" his movements.

Mr. Leonard was skeptical of the officer's reasoning and said he found the complaints from the community more convincing.

The ruling doesn't reveal the names of those involved.

Underpinning the ruling were some key legal arguments: First, that the complainant was entitled to visit the national forest; second, that a law enforcement stop affects the availability of the service provided by the national forest; and third, that the Forest Service must take steps to protect those with limited English, including making them not feel unduly threatened.

"A policy that causes individuals to actually flee from the service being provided does not provide meaningful access," Mr. Leonard wrote.

© Copyright 2012 The Washington Times, LLC.

Originally Posted by ICEman

Forest Service hit for Border Patrol call

"A policy that causes individuals to actually flee from the service being provided does not provide meaningful access," Mr. Leonard wrote.

A desk bound, desk eating, idiot, nobody, with no legal authority, quarter backing way out of his league...

I'm agape that agencies actually allow their own legal beagles to review field activities and determine whether the involved were within whatever idiotic policy was in force that week...government is too big...axe this dumb ass and make him hang a shingle somewhere...

With the result being that those wishing to sue can point and say..."see, even their own brightest minds concur they were outside of what was right"...

Horse Patooey...

Incident specific...somebody gonna try to tell me what resources we're allowed to pull from when we're trying to talk to somebody who just don't understand?...

"My husband drowned because he saw the BP uniform and ran into a body of water"...translates into..."You're both dumb asses"...CC

...

My first reaction when I saw this article was to think "I'm glad I'm retired'.

This action is representative of some of the fair-weather sailors (was that nice enough?) we have 'leading' agencies and/or developing policies/processes. Just so stupid.

Assistant Secretary Joe Leonard Jr. said calling the Border Patrol automatically "escalates" encounters between Hispanics and law enforcement. He ruled that the Forest Service cannot routinely summon the Border Patrol for assistance and said the agency now must document suspected racial profiling nationwide.

"Given the increased risk of being questioned about immigration status during an interaction with [Border Patrol], the policy of using BP for interpretation assistance is problematic in all situations because it places a burden on [limited English proficient] individuals that non-LEP individuals do not experience," Mr. Leonard ruled.

It's obvious how the people on this board are going to react to such incredible nonsense, but even if you take some sort of removed, worldly, all-encompassing view, it's hard to read the above two paragraphs and not laugh out loud. I wonder sometimes if these supposedly intelligent, well-educated individuals actually appreciate the level of ignorance they're spewing. Clearly he believes it as it is part of his "ruling," though as was mentioned, this ruling is merely an administrative one with limited effect outside of the USDA/USFS and if such a position were debated in court (where it may end up), I can't imagine a judge keeping a straight face listening to this stuff.

Originally Posted by dmclark

My first reaction when I saw this article was to think "I'm glad I'm retired'.

Mine was similar, except substitute "I'm sorry I'm NOT."

I'm trying to figure out how an illegal immigrant has a an entitlement or right to visit a national forest inside a country which he has not entered legally. The simplest way to solve all of this is to have all of us ask everyone about citizenship all the time. "Hi. I'd like the double half frap venti coffe-chino, and what is your country of origin?"