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288 pages, Hardcover
First published July 5, 2022
In…Almeida-Sanchez v. United States in 1973, Justice Thurgood Marshall, an icon of the civil rights movement and the first Black man to serve on the Supreme Court, asked a series of questions that pressed the government’s lawyers about the true extent of the Border Patrol’s authority on American highways deep inside the United States. Unsatisfied with the response, Marshall finally asked if the Border Patrol could legally stop and search the vehicle of the president of the United States without any evidence or suspicion whatsoever. When the lawyer said “Yes,” Marshall concluded, “Nobody is protected.”--------------------------------------
The Border Patrol in their green uniforms, patrols between crossing points. Customs was renamed the Office of Field Operations, its agents, in blue uniforms, work at crossing points and in airports. Agents of a third unit of CBP, Air and Marine Operations (AMO), wear brown uniforms and manage the agency’s aircraft and ships. AMO’s authorization in the U.S. code differs from the Border Patrol in that it does not include any geographical limits, so they are able to operate anywhere in the country.So a few military-looking sorts in camo, with automatic weapons, rush up to you, grab you by both arms and stuff you into an unmarked van that speeds away. Only a general “Police” insignia on their uniforms, wearing shades at night, covering their faces, no explanation of why you are being abducted. Where are you? Russia? Turkey? The West Bank? How about Portland, Oregon, July 2020? What the hell was the Border Patrol doing in Portland anyway, at a demonstration protesting the police murder of George Floyd, an event having zero to do with immigration?
Willard Kelly, the Border Patrol chief at the time, told a Presidential Commission in 1950 that “Service officers were instructed to defer apprehensions of Mexicans employed on Texas farms where to remove them would likely result in the loss of crops.” Instead, they would focus on the period after the harvest in order to send the workers back to Mexico. Similarly, during economic downturns, the Border Patrol would step up enforcement to ensure the state did not have to provide for the unemployed laborers. These roundups would often happen just before payday, so agribusinesses got the labor and the agents got their apprehension quotas, but the Mexican workers were not paid.Outside the illuminating history of the force itself, much of what Jones offers here is a delineation of the laws that define where BP responsibilities and limitations lie, looking particularly closely at several Supreme Court decisions.
In addition to failing to properly search for missing people in the border zone, the Border Patrol also actively disrupts efforts by humanitarian agencies. Beyond the destruction of water drops and aid stations, they often refuse to provide location information to other rescuers, deny access to interview people in Border Patrol custody who were with the missing person, and harass search teams in the border zone.You will learn of agency mission creep, from border control to drug enforcement to testing for radiation in vehicles (which catches a lot of cancer patients, but so far no dirty bomb terrorists) to actions that are blatantly political in nature and patently illegal.
As No More Deaths volunteer Max Granger, explained, “The agency itself is causing the deaths and disappearances. Any response, even if it is a more robust response, is going to be inadequate. Their entire overarching prevention through deterrence policy paradigm requires death and suffering to work. They are not invested in saving people’s lives.
Despite the transformation of the border in the public imagination, the people arriving there are largely the same as they always were. The majority are still migrant farm and factory workers from Mexico. In the past few years, they have been joined by entire families fleeing violence in Central America. These families with small children, who turn themselves in to the Border Patrol as soon as they step foot in the United States, in order to apply for asylum, pose no threat and deserve humane treatment. However, that is not what they have received. As journalist Garrett Graf memorably put it, “CBP went out and recruited Rambo, when it turned out the agency needed Mother Teresa.”Review first posted – 7/29/22