🏴‍☠️☠️⚰️SHE TRIED TO APPLY FOR ASYLUM, BUT WE WOULDN’T LISTEN — NOW SHE’S DEAD!⚰️

Wendy Fry
Wendy Fry
Watchdog & Accountability Team
San Diego Union-Tribune
David Hernandez
David Hernandez
Reporter
San Diego Union-Tribune
PHOTO: San Diego Union Tribune website

https://www.sandiegouniontribune.com/news/border-baja-california/story/2021-05-30/migrant-drowning-funeral?utm_id=30223&sfmc_id=1814752

By WENDY FRYDAVID HERNANDEZPhotography by ALEJANDRO TAMAYO

MAY 30, 2021 5 AM PT

. . . .

In the months before her death, Chavez Segovia had tried to cross the border at least two other times by land and had been expelled under Title 42, a Trump-era policy that allows the government to deny non-citizens entry into the country in response to the threat of COVID-19.

Migrant advocates have warned the strict border policy is pushing desperate people to take larger risks to try to cross the border into the United States, increasing the chances they become injured or killed.

“There are more people choosing to cross through dangerous routes, including the maritime crossing, because they don’t have the ability to present themselves at the ports because the ports are closed as a result of the Title 42 orders,” explained Pedro Rios, the director of the American Friends Service Committee’s U.S.-Mexico Border Program.

Chavez Segovia was trying to cross not just for work, but also because she was afraid, and was trying to claim asylum, said her sister, Gabriela, who is undocumented and living in northern California. She said Chavez Segovia tried to claim asylum on both previous crossing attempts.

Gabriela said she too was fearful of sharing details of her sister’s situation, especially because her sons remain in Mexico. But Gabriela said she wishes Chavez Segovia had gotten a chance to plead her case, and that U.S. border authorities had listened.

“Ella les dijo que viene de peligro; que corría peligro y ellos no le hicieron caso,” said Gabriela. “She told them she was coming from danger, that she was running from danger and they didn’t listen to her.

“What are you going to do? Wait until someone sits down and writes you a letter that says ‘I am threatening you.’ No, of course not, you’re going to go at the first opportunity,” said Gabriela, frustrated at the high bar of legal proof needed for one to make an asylum claim.

. . . .

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Read the full article at the link.

Failure to listen, failure to treat humans fairly and humanely. Hmmm . . . . seem to have heard that recently:

https://immigrationcourtside.com/2021/05/25/garland-mayorkas-dont-get-it-who-makes-asylum-determinations-their-training-their-group-culture-are-determinative-in-life-or-death/

The damage done by our current scofflaw immigration policies at the border is, in many cases such as this, irreparable!

Due Process Forever!

PWS

06-02-21

SARAH MACARAEG @ THE GUARDIAN: U.S. BORDER PATROL HAS KILLED 97 CIVILIANS (INCLUDING SOME US CITIZENS) SINCE 2003!

https://www.theguardian.com/us-news/2018/may/02/fatal-encounters-97-deaths-point-to-pattern-of-border-agent-violence-across-america

SARAH MACARAEG WRITES IN THE GUARDIAN:

For six long years the family of Jose Antonio Elena Rodriguez have been caught in a legal saga seeking justice for the 16-year-old who was killed by a US border patrol agent who fired 16 times from Arizona into Mexico.

Ending criminal proceedings that have dragged on since 2012, a jury last week cleared agent Lonnie Swartz of second-degree murder and could not agree on a verdict for two lesser charges of manslaughter. The shooting has compelled judges up to the US supreme court to deliberate whether the American government can be sued in civil court for wrongful deaths on Mexican soil – placing the incident, and eight other cross-border fatal shootings, at the center of scrutiny surrounding the use of force by agents in response to allegedly thrown rocks.

However, lesser known are similar shootings which have occurred inside the US. Such as that of Francisco Javier Dominguez Rivera, who was shot and killed “execution-style”, in the language of a wrongful death complaint the government paid $850,000 to settle. An Arizona agent responding to an alert from the National Guard in 2007 alleged Rivera threatened him with a rock.

Ten years later, the Department of Justice settled another wrongful death claim involving a rock-throwing allegation in California for $500,000.

The shootings are only part of a larger litany of Customs and Border Protection agency-related violence inside the US. Encounters have proven deadly for at least 97 people – citizens and non-citizens – since 2003, a count drawn from settlement payment data, court records, use of force logs, incident reports and news articles.

From Maine to Washington state and California to Florida, the deaths stem from all manner of CBP activity. Border agents manning land crossings and a checkpoint have used deadly force, as have agents conducting roving patrols – up to 160 miles inland from the border.

Quick guide

The US border patrol force

Pedestrians were run over by agents. Car chases culminated in crashes. Some have drowned, others died after they were pepper-sprayed, stunned with tasers or beaten.

But the majority of victims died from bullet wounds, including shots in the back. The bullets were fired not only by agents conducting border enforcement operations, but also those acting in a local law enforcement capacity and by agents off-duty, who’ve shot burglary suspects, intimate partners and friends.

Among the incidents, one agent also died following an exchange of gunfire with a family member who was found dead. Another agent was killed by friendly fire. Border agents sustained non-deadly shots in two incidents.

The picture compiled from official documents and news reports is incomplete, but indicates that at least 28 people who died were US citizens. Six children, between the ages of 12 and 16, were among the victims whose ages were disclosed.

The federal government has paid more than $9m to settle a fraction of the incidents thus far. A Customs and Border Protection spokesperson did not comment on those cases but pointed to the agency’s National Use of Force Review Board, which has investigated 30 significant incidents since June 2015. Each of its 17 reports made public have found the use of force to be compliant with agency policy in effect at the time. Local boards also review incidents, but only those that do not result in serious injury or death.

Here, the Guardian looks at eight fatal encounters with CBP agents that happened inside the United States and the larger patterns of incidents to which they relate.

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Read the complete article at the link.

Of course, there are two sides to every story. Many of the incidents were found to have involved “justified use of force.” Others appeared to be tragic accidents.

Nevertheless, three things are clear from this account: 1) the Border Patrol needs more supervision and accountability for its actions; 2) that’s not going to happen under the “anything goes” attitude of the Trump Administration, any more than it did under the Bush or Obama Administrations, and 3) Congress has once again been AWOL on this issue.

PWS

05-02-18

 

HUMAN SMUGGLING TRAGEDY IN SAN ANTONIO — 9 DIE, 17 OTHERS SUFFER LIFE-THREATENING INJURIES!

https://www.washingtonpost.com/news/post-nation/wp/2017/07/23/texas-tragedy-8-dead-including-children-found-locked-in-hot-truck-in-suspected-smuggling-case/?hpid=hp_rhp-top-table-main_pn-texas-9am-retest%3Ahomepage%2Fstory&utm_term=.6a18d3474065

Eva Ruth Moravec and Todd C. Frankel report in the Washington Post:

It began with a desperate request for water and a Walmart employee’s suspicions about a tractor-trailer parked outside. That led officials on Sunday to discover at least 39 people packed into a sweltering trailer, several of them on the verge of death — their skin hot to the touch, their hearts dangerously racing — and eight men already dead. Another would die later at a hospital.

Authorities think they found an immigrant smuggling operation just 2½ hours from the Mexican border that ended in what San Antonio Police Chief William McManus described as a “horrific tragedy.” The victims, as young as 15, appeared to have been loaded like cargo into a trailer without working air conditioning during the height of the Texas summer. It was unknown how long they had been in the trailer or where their journey started, but 30 of the victims were taken to area hospitals and 17 had life-threatening injuries. Federal authorities said the victims were “undocumented aliens.”

Reyna Torres, consul of Mexico, confirmed in Spanish that Mexican nationals are among those dead and in the hospitals and said the consulate is interviewing the survivors.

City Fire Chief Charles Hood said some of the victims appeared to have suffered severe heatstroke, with heart rates soaring over 130 beats per minute. In the worst cases, Hood said, “a lot of them are going to have some irreversible brain damage.”

Even more people were thought to have been inside the trailer before help arrived, police said. Survivors at six area hospitals told investigators that up to 100 individuals were originally in the tractor-trailer.

Walmart surveillance video showed cars stopping and picking up people as they exited the back of the trailer. But suspicions were not raised until an employee noticed a disoriented person, who asked for water. The employee then called police, authorities said. Then, a chaotic scene unfolded outside the Walmart on the city’s southwest side, as ambulances and police cars arrived and people were carried away, leaving behind shoes and personal belongings strewn across the asphalt and trailer floor.

The truck’s driver, identified as James M. Bradley, 60, of Clearwater, Fla., has been arrested and is expected to be charged Monday morning, said the U.S. attorney’s office for the Western District of Texas.

The grisly discovery in San Antonio comes as the Trump administration is calling on Congress to increase funding for border security and to expand the wall on the southern border with Mexico.

It also illuminates the extreme risks immigrants face as they attempt to elude border agents in the searing summer heat. Some try to slip through legal checkpoints undetected, while others sneak illegally across the border. Often, they are fleeing violence and poverty in Latin America, advocates say.

Many have died attempting to enter the United States, drowning in the Rio Grande, lost in the desolate ranch lands of south Texas, or collapsing from exhaustion in the Arizona desert.

Two weeks ago, Houston police discovered 12 immigrants, including a girl, who had been locked for hours inside a sweltering box truck in a parking lot, banging for someone to rescue them. Three people were arrested. A Harris County prosecutor said the migrants were at imminent risk of death.

In May, border agents discovered 18 immigrants locked in a refrigerated produce truck, with the temperature set at 51 degrees. Passengers were from Latin America and Kosovo.

One of the deadliest smuggling operations occurred in 2003, when 19 people died after being discovered in an insulated trailer abandoned at a truck stop in Victoria, Tex. The truck driver in that case, Tyrone M. Williams, was sentenced to nearly 34 years in prison.

. . . .

Later Sunday, moments after Mass ended at the historic San Fernando Cathedral, two dozen people held a gathering in Main Plaza to show their support for immigrants. A handful of people made speeches­ and said prayers in Spanish and English, using a megaphone, to a crowd of about 50 people. Children played in the splash pads nearby while adults wandered in and out of the crowd, many taking photographs and videos.

“Hold your family extra tight tonight,” said Barbie Hurtado, the statewide organizer for ­RAICES, which organized the event, “and keep the people that lost their lives in your thoughts, in your prayers.”

Rep. Joaquin Castro (D-Tex.), a San Antonio native, addressed attendees at the end of the hour-long service.

“This represents a symptom of a broken immigration system that Congress, of which I am a part, has had the chance to fix but has not,” he said. “That’s a colossal failure that has a human cost.”

Another San Antonio native, Debbie Leal-Herrera, 55, said she was in town visiting from New Mexico this week and wanted to come to the plaza because “it touches­ me as a Hispanic.”

Leal-Herrera, an elementary school teacher, said she knows several people who have immigrated to the United States illegally and has taught many students whose parents are undocumented.

“It reminds me of how much we truly take for granted,” she said. “What a beautiful gift it is to be an American.”

Advocates for immigrants in Texas are still reeling from the recent passage of the tough new immigration law, set to take effect Sept. 1. The deaths marked yet another blow.

Maria Victoria De la Cruz, who is originally from Mexico, publicly urged federal officials not to deport the immigrants who were found Sunday.

“As an immigrant, I feel destroyed,” she told the group in Spanish. “It’s not fair to return them to the place they have fled.”

During the vigil, a somber group quietly approached the consul from Mexico to ask about a relative. Juan Jose Castillo, who said he is from the Mexican state of Zacatecas but lives in the United States, said he was relieved that his 44-year-old brother was among the survivors.

“He came out of necessity,” Castillo said in Spanish. “It’s very bad.”

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Read the full story at the link.

One way of saving some lives: reform the immigration system to 1) allow more individuals to immigrate legally, and 2) provide full due process adjudications of asylum and other claims for protection under U.S. law, with reasonable access to counsel and no detention unless required by individualized circumstances, to individuals who present themselves at the border. This would encourage individuals who seek to to migrate to or seek refuge in the U.S. to do so in an orderly fashion, with complete screening, through our legal system.

Militarizing the border and creating a detention empire might or might not reduce undocumented migration in the long run. But three things are certain: 1) smuggling fees will go up; 2) methods used by smugglers will become more risky; and 3) more individuals will die attempting to enter the U.S.

PWS

07-21-17

 

 

DEATH WATCH: Average 1/MO Dies In ICE Custody — And It’s Only Just Beginning, As Another ICE Detainee Dies, This Time In Atlanta!

http://www.cnn.com/2017/05/17/us/ice-atlanta-detainee-dies/index.html

Catherine E. Shoichet reports for CNN:

“Atlanta (CNN) A man in Immigration and Customs Enforcement custody has died after being hospitalized for shortness of breath, officials said Wednesday.

Atulkumar Babubhai Patel was pronounced dead at Atlanta’s Grady Memorial Hospital on Tuesday afternoon.
The 58-year-old Indian national’s death is the second death of a detainee in ICE custody this week — and the second this week in the state of Georgia.
Officials said complications from congestive heart failure were ruled the preliminary cause of death.
Patel arrived at the Atlanta airport on May 10 on a flight from Quito, Ecuador. Authorities denied him entry into the United States because he did not have the necessary immigration documents, ICE said.
He was transferred to ICE custody in the Atlanta City Detention Center on Thursday, according to the agency. An initial medical screening at the time determined he had high blood pressure and diabetes. Two days later, Patel was transported to the hospital after a nurse checking his blood sugar noticed he had shortness of breath, ICE said. He died on Tuesday afternoon.
In its statement announcing Patel’s death, officials said fatalities in ICE custody are “exceedingly rare.”
“ICE is firmly committed to the health and welfare of all those in its custody and is undertaking a comprehensive agency-wide review of this incident, as it does in all such cases,” ICE said.

Second death this week

Patel is the eighth person to die in ICE custody this fiscal year, which began in October.
Authorities are also investigating the death of another immigrant detainee in Georgia. Jean Jimenez-Joseph, 27, was found unresponsive in his cell on Monday with a sheet around his neck. The preliminary cause of death was self-inflicted strangulation.
He’d been in solitary confinement for more than two weeks at the Stewart Detention Center in Lumpkin, Georgia.
The recent deaths have drawn sharp criticism from immigrant rights activists, who have long decried conditions in immigration detention centers and called on the government to close such facilities.
US President Donald Trump has called for increasing detention as part of his crackdown on illegal immigration. And Congress recently upped its funding for immigrant detention, approving a spending bill that pays for an average of more than 39,000 detention beds per day.
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“Exceedingly rare?”  Like in two deaths in one week in ICE custody in Georgia? In addition to ruined lives, the Trump/Sessions/Kelly vision for an “American Gulag” is certain to cause more preventable deaths in DHS custody, in light of the well-documented substandard conditions in such facilities, particularly those run by private contractors and local jailers. I guess each member of the “Triumvirate of Death”  is well enough off so a few million in civil judgments wouldn’t be a problem.  But, the taxpayers are likely to be shelling out megabucks for some tort claims.
PWS
05-17-17