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                                      ¡Ya Basta!                                               Spring 2008                                  Southern Arizona
        Justice Denied: Mistrial in Border Patrol
         Murder of Francisco Javier Dominguez
                                                                                                                                           Border Action Network
                                                                                                                                               is a human rights
By Katie O’Connor                  Nicholas Corbett. For two             or negligent homicide.          their own convicted Corbett,     community organization.
Tucson, AZ— On March               weeks, Corbett faced be-                   The twelve person jury,    were obviously unsettled by      Founded in 1999, we are
7, after two and half days         ing charged with one of the           despite three eye-witness       the larger context this case       immigrant and border
of deliberation, a Tucson                                                                                presented—that of law-en-
jury was unable to arrive                                                                                                                 communities in Southern
                                                                                                         forcement and immigration.
at a verdict as to whether                                                                               Throughout the trial, the        Arizona working to ensure
Border Patrol agent Nicho-                                                                               jury watched as the prosecu-     that our civil and human
las Corbett was guilty of                                                                                tion and the defense squared        rights are protected,
murder charges, causing the                                                                              off, standing diametrically          our human dignity is
judge to declare a mistrial.                                                                             opposed in their accounts          respected and that our
      The trial stems from                                                                               of what happened on that
the January 12, 2007 slay-                                                                                                                communities are safe and
                                                                                                         fatal day in January of 2007.
ing of 22-year old Francisco                                                                                   Defense attorney, Sean            healthy places
Javier Dominguez Rivera,                                                                                 Chapman, set the tone as         to live. We are a member
who was shot and killed at                   Community Vigil in front of Tucson Federal Courthouse       an act of self-defense in his     based organization that
close range as he was sur-                                                                               opening remarks, recount-          combines community
rendering to Tucson Sec-           following: second-degree              testimonies and forensic and                                        organizing, leadership
tor Border Patrol Agent                                                                                      see “Border Patrol” pg. 4
                                   murder, manslaughter,                 ballistic evidence that on                                          development, policy

                    International Human Rights Commission                                                                                   advocacy and litigation.

                       Reviews Border Vigilante Violence
by Séanna Howard                   before the Inter-American             The hearing took place at       the United States, seeking           IN THIS ISSUE
Washington, D.C. - On              Commission on Human                   the Commission headquar-        redress for human rights vio-
March 7, 2008, Border              Rights, a body of the Orga-           ters in Washington, DC.         lations caused by the United
Action Network appeared            nization of American States.          Border Action Network,          States’ failure to prosecute        P2. A Word from
                                                                         Executive Director, Jennifer    vigilante violence and pre-             the Director
                                                                         Allen, and Douglas Human        vent anti-immigrant ac-
                                                                         Rights Promoter, Angelita       tivities in southern Arizona.
                                                                         Nuñez, attended the hearing     After three years of written        P3. 2008 Arizona
                                                                         with attorneys Seánna How-      exchanges between the par-
                                                                                                                                            State Legislature: A
                                                                         ard and Leonardo Alvarado       ties and the Commission,
                                                                         of the University of Arizona,   a hearing was convened to          Fairy Tale Gone Bad
                                                                         Indigenous Peoples Law and      determine the admissibility
                                                                         Policy Program.                 of the petition. The hearing
                                                                               The hearing was in        took place before four Com-          P5. Highlighting
                                                                         response to a petition filed     missioners, including the            a Human Rights
                                                                         by the Border Action Net-
 Leonardo Alvarado, Jennifer Allen, and Séanna Howard at the OAS                                              see “International” pg. 6           Promoter
                                                                         work in April 2005 against

               High-level Conference Creates New Vision                                                                                    P5. Youth Speak Out!
                      for US-Mexico Border Policy
By Katie O’Connor                  ity of border communities             about,” said Jose Rodriguez,
                                                                                                  trust and interdependence                   P6. Report from
El Paso, TX –One hundred           and border policies imposed           El Paso County Attorney  with our counterparts in
and seventy-five commu-             from Washington, D.C, ea-             and Co-chair of the US/  Mexico. We need national                   the Border Action
nity leaders from the four         gerly took the opportunity            Mexico Border and Immi-  border policy that recognizes              Leadership Retreat
US-Mexico border states of         to discuss a new vision for           gration Task Force, one of
                                                                                                  and upholds this reality.”
California, Arizona, New           border policy.                        the groups who convened        Community leaders
Mexico and Texas gathered                                                                         pointed out the increase in               P7. Report from the
at the historic Camino Real                                                                       human rights violations by
Hotel in downtown El Paso,                                                                                                                 4th Annual Posada and
                                                                                                  border enforcement agencies
TX for the equally historic                                                                       and practices that have little            Membership Meeting
two-day strategic Border                                                                          oversight or accountability
Policy Conference.                                                                                to the local border residents.
      A collection of elected                                                                     In Douglas, Arizona, for                    P8. Community
officials, law enforcement                                                                          example, the ratio of Border             Groups Demand Safety
chiefs, community groups,                                                                         Patrol agents to residents is
religious leaders, and aca-                                                                       one agent for every 27 resi-                from Local Police
demics dedicated two days                                                                         dents.
to develop new, visionary                                                                               “Whether we have one
proposals for border security.                                                                    hundred agents or one hun-                 P8. Border Patrol
                                            Conference Community Reception in El Paso, TX
The leaders, in spite of their                                                                    dred thousand agents, if they            “Operation Streamline”
diverse backgrounds, soon                “Border communities          the conference in El Paso.  are not sufficiently trained
                                                                                                                                              Hits Tucson, AZ
realized they shared a com-        live in a different reality than “The border is home to more to uphold basic rights and
mon frustration of the wid-        the highly politicized border than 6 million people. We        de-escalate tense situations,
ening gap between the real-        that D.C. and pundits talk         have built relationships of      see “Border Policy” pg. 5
Page 2                                                                           ¡Ya Basta!                                                                  Spring 2008

                    A Word from the Director
                      Welcome to another edi-             The slogan for our March 2006 trip to Wash-              to use the media, and other indispensable skills.
                      tion of !Ya Basta!, the quar-    ington, D.C. was “We are not the enemy; we                  They are documenting community needs and
                      terly newspaper of Border        are part of the solution.” The phrase effectively            converting them into campaign strategies and
                      Action Network.                  captured our new outlook and commitment to                  priorities. This is the “behind the scenes” work of
                                                       putting alternatives and solutions on the table.            Border Action Network that isn’t as visible, but
                          At our recent leader-                                                                    will endure for generations to come.
                       ship retreat at the beauti-        I hope that this issue of “Ya Basta” reflects
                       ful COD Ranch on Mt.            this approach. As you’ll see in these pages, while             So what is the difference, people ask. We
                       Lemmon, some of the             much of the country is swept up in the melee                respond appropriately that we promote solutions
                       Human Rights Promoters          of presidential elections and counting delegates,           and policy alternatives; we build the voice and
and Committee members from all over southern           we are using this year to learn about the Arizona           power of immigrant and border communities to
Arizona asked relayed a question they are asked        state legislature and how to impact it. In a few            have a say in these polices.
frequently: how is Border Action different than         months we will begin the process of writing up
other organizations in Arizona? My approach was        our own ideas for bills. We are intensifying our               But there is still something missing from
to turn the question back to them: you tell me,        use of international human rights bodies like the           this answer and it is precisely what sustains me
what do you see that is unique and different in         Organization of American States and the United              through the violence, denigration, and isolation
Border Action Network?                                 Nations to put pressure on the U.S. govern-                 that we see too much of in the border region.
                                                       ment to recognize the human rights of all people            What Border Action Network has, and wants to
   Of course, they hit the nail on the head. It was    within the U.S. regardless of immigration status.           share with others, is a profound hope and faith
generally agreed that most poignant is that Border     We are working with local city councils, sheriffs            in the ability of communities to shift the cur-
Action Network works for concrete, specific             and police departments, and the Border Patrol to            rent tide to one that is dominated by dignity and
policy changes –be it locally, state-wide, nation-     promote law enforcement policies and practices              justice.
ally, even internationally, and that we do it as       that uphold everyone’s Constitutional rights and
organized communities.                                 promote community security. We are waiting for                  For sharing their hope with me, I want to
                                                       the Tucson Police Department Chief to get back              thank all the Human Rights Promoters, the Hu-
   As we gear up for next year’s 10th anniversary      to us about a new police department policy that             man Rights Committees, the Board of Directors,
of Border Action, we have reflected on the fact         we drafted that prevents officers from calling the            staff and the many supporters of Border Action
we’ve made a transition. For years, we had been        Border Patrol.                                              Network. I hope the pages of Ya Basta do justice
great at denouncing abuses, decrying horrible                                                                      to our vision for human rights in this country and
policies, organizing marches and events to call           At the same time that we meet with public                our commitment to working together to achieve
for the “end” of the suffering and struggle that        officials, we are also meeting in our communities             it!
our communities endure. These denunciations            to prepare ourselves. Human Rights Promoters in
are important. Our anger, frustration and disil-       Douglas, Nogales, Sahuarita and Tucson are form-                       Jennifer Allen,
lusionment have to be vented. But we saw that it       ing or expanding their Human Rights Commit-                            Executive Director
just wasn’t enough. The problems persisted and in      tees. They are practicing how to approach public
fact, got worse in many cases.                         officials, how to promote policy alternatives, how

                                                        2007 State Legislative Score Card
                                                      Border Action Network’s “2007 State Legislative Score Card” kicks-off a campaign focused on promoting
                                                      what they term a “new vision” for border and immigration policy in Arizona. The report breaks down how
                                                      legislators voted by districts and how they individually voted on ten different bills, including last year’s highly
                                                      controversial employer sanctions law. Based on analysis of voting records, the group gave a “D” to the House
                                                      of Representatives and an “F” to the Senate. Eleven Representatives and four Senators received an “A+” or “A”
                                                      for supporting positive legislation and voting against what the group termed anti-human rights bills.

                                                      The campaign is an effort to try to prevent bad bills from becoming law and having to deal with the conse-
                                                      quences after the fact. By promoting their own recommendations and principles for policies that encourage
                                                      community security, immigrant integration and the equal protection of rights for all Arizona residents, Border
                                                      Action hopes to push the political pendulum back to a place of rational decision-making that benefits the
                                                      entire state.

                                                                           To download the report go to
                                                                                    and click on “Reports.”
                                                             Border Action Network Staff                Border Action Network                   Special Thanks To:
                                                                      Jennifer Allen                     Board of Directors
                                                                                                                                                   Silvana Ayala
                                                                     Executive Director               Veronika Pasos-Garcia, Chair
                                                                                                                                                  Séanna Howard
                                                                       Julia Goldin                       Mexicayotl Academy
                                                                                                                                                     Max Díaz
                                                                       Administrator                          Jesus Romo                         Guadalupe Quijada
                                                                                                                Attorney                           Dunya Cope
                                                                     Katie O’Connor
                                                                                                                                                   Luís Herrera
                                                                  Assistant to the Director                Guadalupe Quijada
                                                                                                                                                   Clarisa Flores
                                                                       Julissa Villa                  Youth Human Rights Promoter
                                                                  Organizing Coordinator               Zoe Hammer, Vice-Chair
                                                                     Zaliah Zalkind                        Prescott College
                                                                Program Support & Online               Raymond Michalowski
                                                                       Coordinator                    Northern Arizona University
  Border Action Network Staff (from right to left)
Julia Goldin, Jennifer Allen, Katie O’Connor, Zaliah
                Zalkind, Julissa Villa
Page 3                                                                          ¡Ya Basta!                                                                 Spring 2008

 2008 Arizona State Legislature: A Fairy Tale Gone Bad
By Katie O’Connor                         could star as the nastiest, wickedest       service employees of AHCCCS,               Such is the type of irrational logic
       Once upon a time, in a land        character, with the aforementioned          Arizona’s Medicaid program, to act         that runs rampant within the halls of
far, far, away, there was a legisla-      legislators as his minions. It is of lit-   as immigration officers, turning             the Arizona State Legislature.
ture—a group of people elected to         tle surprise that his mass production       in those trying to apply for health              To further illustrate this “logic”
plan, create, and implement laws          of useless and bigoted legislation is       benefits with falsified or no docu-          that just doesn’t add up, on Feb.
that would govern the citizens of this    ruffling the feathers of Democrats            ments, and would then penalize any         18th Rep. Kavanagh (R-LD8), as
land justly, democratically, and with     and Republicans alike—especially            employee for failure to report viola-      sponsor of HB2412, a bill that
dignity. However, in this far away        those actually concerned with the           tors with a class 2 misdemeanor—an         expands the definition of criminal
land, the legislature fell under the      state’s current budget deficit of 1.2        offense that carries jail time.             trespassing to include “soliciting
control of a few villainous and hate-     million dollars.                                  Luckily Senator Rios (D-             day labor employment on or near
ful legislators who banded together             This became quite clear during        LD23), one of the handful of good          any public highway or street”, left
with the sole purpose of creating an      the House Government Committee              legislators, called Monica Coury, As-      the House Homeland Security and
unequal, unjust, unlawful, and xeno-      hearing on March 4, 2008. Faced             sistant Director of AHCCCS, to tes-        Property Rights Committee to mull
phobic society….                          with a committee agenda that would          tify on the number of identity fraud       over his concerns for social justice
       With the 2008 Arizona State        bring them to the later part of the         occurrences. According to Coury, in        and welfare. Kavanagh testified that,
Legislative session fully underway,       evening, Rep. Crandall (R-LD19),            the past three months, out of 19,000       in fact, his intentions with the bill
this land in fact is not far, far, away   visibly agitated with Pearce as he          applicants applying for full public        were to protect day laborers from the
but rather Phoenix, where roughly         explained his Employers Sanction’s          health benefits, not a single person        exploitation and victimization in, as
44 bills have been introduced that        Amendments bill (HB2745), tact-             was referred for prosecution for           he describes, “the black market of
attempt to deny the participa-            fully cautioned Pearce that while he        falsifying their identity. To further      labor.” To expand on the unsavory
tion and integration of immigrant         may have plenty of opportunities to         demonstrate the time now wasted            nature of this black market, he cited
families into U.S.                                                                                                                        a New York Times article
society. Fanning                                                                                                                          that reported an increase in
the flames, once                                                                                                                           HIV cases in small towns of
again, are the few                                                                                                                        Mexico, asserting that labor-
villainous and hate-                                                                                                                      ers are picked up and engage
ful legislators who                                                                                                                       in the “kind of sexual acts
specifically target                                                                                                                        that transmit HIV,” bring-
immigrant families                                                                                                                        ing back and spreading the
and border com-                                                                                                                           disease in their hometowns
munities in their                                                                                                                         in Mexico.
sponsored bills so                                                                                                                              Essentially, this legisla-
far this session.                                                                                                                         tive session has progressed
       As part of                                                                                                                         enough to show that some
Border Action Net-                                                                                                                        legislators—key players
work’s 2008 Arizo-                                                                                                                        even, like to squander their
na State Legislative                                                                                                                      time with hate-based legisla-
Campaign, staff,                                                                                                                           tion, ignoring the real and
members, and vol-                                                                                                                         widespread budget concerns
unteers have been                                                                                                                         that affect all of Arizona,
monitoring these                                                                                                                          while others insist on pro-
bills as they make                                                                                                                        moting harmful bills that
their way through                                                                                                                         stem from some very delu-
the legislative pro-                                                                                                                      sional logic.
cess, regularly at-                                                                                                                             However, what would
tending committee                                                                                                                         a fairy-tale be without a few
hearings to offer                                                                                                                          shining valorous protago-
critical testimo-                                                                                                                         nists? All is not beyond hope
ny—most often in                                                                                                                          or reason. We have seen a
direct opposition                                                Drawing by Katie O’Connor                                                few victories, as with the
of the bills and by                                                                                                                       passage of HCM2006 that
e-mailing their legislators with talk-    work on employers sanctions and             on this bill, Coury explained how          urges the U.S. Congress to establish
ing points that highlight each bill’s     illegal immigration issues, as Chair        the federal government oversees AH-        a cabinet-level Department of Peace
severe inadequacies.                      of the Appropriations Committee,            CCCS and that federal law would            and Nonviolence. Additionally, a
       These bills introduced so far      or as he put it, “as key player, we         trump anything that came out of            handful of bills have been held from
can be easily placed into three cat-      need your help to reconcile the bud-        the state legislature making the           committee floors for a combination
egories: the good, the bad, and the       get,” and that his driving concern          entire bill a moot point. In explain-      of reasons, likely including the flood
ugly, with, unfortunately, most           right now should coincide with that         ing her emphatic opposition to this        of phone calls and e-mails initiated
falling under the latter category.        of all Arizonans—the budget crisis.         bill, Senator Rios succinctly stated,      by Border Action’s campaigns.
Here is just an unsavory taste of the     Despite his somewhat reproachful            “this is obviously a bill in search of a         Hopefully, the combined ef-
“progress” the legislature has made       remarks, Crandall, along with the           problem that does not exist.”              forts of those few shining legislators,
since January, and be assured, these      majority of the committee passed                   Despite this enlightening testi-    along with the continued support
are the actual actions and words of       HB2745.                                     mony, S1072 passed with a majority         and voices from Border Action
your state legislators and not a con-           When Pearce is not clogging           vote—but not before the Commit-            members, will only help close the
tinuation of the made up fairy tale       committees with his own anti-immi-          tee Chairwoman, Senator Linda              book on this 2008 legislative session
above.                                    grant legislation, there are other leg-     Gray (R-LD10), further enlightened         with the parting words, “and they all
       Starting with the ugly bills re-   islators waiting to pick up where he        everyone in attendance with her            lived happily ever after.”
quires recognizing the ugliest bills’     has left off. Sen. Harper (R-LD4)            rationale behind her vote of “aye”.
sponsors, Representatives Nichols,        stars as the antagonist of the Com-         She stated, “I do know that in emer-       Katie O’Connor is the Assistant to the
Burns, Kavanagh, Senators Gould,          mittee on Public Safety & Human             gency rooms those who are here il-         Executive Director at Border Action
Harper, Johnson, Linda Gray, and          Services, presenting anti-immigrant         legally are asking for such things as      Network since 2007.
last but not least, Rep. Russell          legislation of his own. During the          pregnancy tests which they could go
Pearce. With 18 anti-immigrant            February 7th committee hearing,             across the street to Walgreens and
bills either to his direct credit or to   members reviewed his bill, SB1072,          get but they are asking hospitals to
those he cosponsored, Rep. Pearce         which essentially mandates public           do this. So with that I vote, ‘Aye’.”
Page 4                                                                            ¡Ya Basta!                                                                  Spring 2008
cont. “Border Patrol” pg. 1                 to the jury that Francisco Javier              shot from a range of no less than         out doling out a conviction.
                                            was shot and killed while in an act            one inch and no more than three                  The trial, which has drawn
ing how Agent Corbett was merely            of surrender—that Agent Corbett                feet. The most compelling evidence        national attention, has particular
protecting himself from having his          shot him while he was falling to his           Clark brought to light, however,          importance for local border com-
“head crushed” by a                                                                                    dealt with the location of    munities who have been calling for
rock allegedly being                                                                                   the actual bullet hole in     changes in Border Patrol policies
wielded as weapon by                                                                                   Francisco’s sweater. The      and practices for several years. The
Francisco Javier. The                                                                                  site of the entry wound       Corbett case is egregious and tragic,
defense lined up rep-                                                                                  on Francisco Javier was       but it is not an isolated incident. In
resentatives from De-                                                                                  located at his left armpit,   fact, this case comes at the heels of
partment of Homeland                                                                                   while the bullet hole on      Border Action Network’s recently
Security (DHS) justify                                                                                 his sweater was directly      released Human and Civil Rights
the “use of force” when                                                                                next to his zipper that       Violations Uncovered: A 2007
rocks are potentially                                                                                  ran square up the middle      Report from the Arizona-Sonora
being used as weapons                                                                                  of the sweater. Woods         Border, where a wide array of abuses
against Border Patrol                                                                                  explained that this alone     committed by all law enforcement,
agents. To promote                                                                                     convicts Corbett, for his     including Border Patrol, were re-
the idea that Agent                                                                                    testimony did not ac-         ported by community members.
Corbett was acting                                                                                     count for any pulling                The report, together with the
in self-defense, the                                                                                   of Francisco’s sweater,       trial, shows the dire need for ac-
defense crafted a com-                                                                                 that is until this came to    countability and oversight of Border
puterized 3-D image                                                                                    light—and the defen-          Patrol, their policies and practices.
that matched Agent                                                                                     dant’s testimony changed      Border Action Network has called
Corbett’s testimony—                                                                                   again once again.             on Congress to create an Inde-
showing a hand-to-                                                                                           Grant Woods left        pendent Review Commission that
hand combat scenario,                                                                                  the jury in his closing       could monitor border enforcement
one man standing                                                                                       remarks with a hypotheti-     agencies, their policies and com-
5’3” tall armed with                                                                                   cal scenario— he asked        plaint processes. The organization is
a rock, the other                                                                                      them if there would be        also urging ongoing and improved
standing 6’ 4”, 250                                                                                    any doubt in their minds      training for Border Patrol on how
pounds, with a gun.                                                                                    as to the guilt of the de-    to respond to different situations
      To further their            Border Patrol Agent Nicholas Corbett awaiting jury verdict           fendant if the tables were    with non-lethal force, along with
defense strategy, the                                                                                  turned. Meaning, if the       reinforcing their knowledge in con-
defense relentlessly—verging on           knees in an act of total submission.             defendant was an undocumented             stitutional and human rights, so
paranoia at times, insisted the Mexi-            The two surviving Rivera                  immigrant on trial for the murder         that agents, like Corbett, will not
can government influenced the fam- brothers, along with the girlfriend                      of a Border Patrol agent, who had         go out in the field with complete
ily, who were also witnesses in this      of one the brothers, offered their                a string of differing accounts of          disregard for human life, especially
case, with secret hand signals during testimonies—all of which were, and what happened, each one aligned                             on the basis of immigration status.
the preliminary                                                                                                                                                     The
trial held earlier                                                                                                                                           prosecution
in the summer.                                                                                                                                               refiled the
      Chapman                                                                                                                                                case with the
continually fo-                                                                                                                                              court, and
cused on what                                                                                                                                                a new trial
he determined                                                                                                                                                date has been
to be a poorly                                                                                                                                               tentatively
handled inves-                                                                                                                                               set for April
tigation and                                                                                                                                                 22, 2008.
mishandling                                                                                                                                                  Throughout
of the case’s                                                                                                                                                the two-week
evidence by the                                                                                                                                              trial, Border
Cochise County                                                                                                                                               Action mem-
Attorney’s office,                                                                                                                                             bers stood
always quick to                                                                                                                                              alongside a
pull them out of                                                                                                                                             loving altar
his bag of tricks                                                                                                                                            in memory of
to avert the jury’s                                                                                                                                          Francisco Javi-
attention from                                                                                                                                               er Dominguez
the real and con-                                                                                                                                            Rivera outside
sistent evidence                                                                                                                                             the federal
the prosecution                                                                                                                                              courthouse.
presented.                                                                                                                                                   When the
      Represent-                                                                                                                                             new trial re-
ing Cochise                                                                                                                                                  sumes, Border
County At-                                                                                                                                                   Action will
torney’s office,                                                                                                                                               continue to
Prosecutor Grant                                                                                                                                             be vigilant
Woods presented                                                                                                                                              and persistent
his case clearly                                                                                                                                             in calling
and consistently,                                                                                                                                            for an end
and opened his                                                      Drawing by Katie O’Connor                                                                to impunity
compelling re-                                                                                                                                               enjoyed by
marks with a reminder to the jury         have been, consistent from the first              closer and closer to the evidence at      border enforcement agents.
and to those present in the court-        interview after the murder of their              hand—would there be any dispute
room that everyone “is endowed by         brother, that Corbett grabbed Fran- over what happened? Nonetheless,                       Katie O’Connor is the Assistant
their Creator with certain inalienable cisco from behind and shot him.                     perhaps unable to stomach the pre-        to the Executive Director at Bor-
rights,” and Francisco Javier—a son,             Bud Clark, the expert ballis-             cedence that would have resulted          der Action Network since 2007.
a brother, a friend, was no different. tics and forensic expert on the case,                from Corbett’s conviction—the
Mr. Woods very pointedly stated           testified that Francisco was indeed               deadlocked jury went home with-
Page 5                                                                          ¡Ya Basta!                                                                     Spring 2008

cont. “Border Policy” pg. 1                conference was designed to create a       meeting. “There is clearly a human            and humane border security policies.
our communities will continue to be        blue print to use in their own com-       rights crisis on the border and every         The Border Policy Conference may
treated like they are suspects or secu-    munities on how they can push both        facet of border society feels the ur-         become an important instrument for
rity-risks,” explained Paul Newman,        locally and nationally for border se-     gency, like never before, to resolve          border sectors to provide a rational
a county supervisor whose district         curity that integrates community se-      it.”                                          and realistic approach to this con-
includes the city of Douglas, and          curity, accountability, human rights            “Border communities have                tentious debate.”
who has lobbied members of Con-            and economic development.                 become pawns in a highly-charged
gress to improve training, oversight             “This is an unprecedented,          political debate that appears to be           Katie O’Connor is the Assistant
and rights protections along the bor-      historic meeting. Never before have       rooted in fomenting fear rather than          to the Executive Director at Bor-
der as part of immigration reform          leaders spanning local government,        finding meaningful solutions,” stated          der Action Network since 2007.
and border enforcement bills.              business, faith-based, legal, services,   Jennifer Allen, director of the Border
      Rodriguez and Newman, along          law enforcement and human rights          Action Network, an Arizona-based
with their counterparts from across        groups come together to strategize        human rights groups who hosted
the border region, incorporated this       in such a united way,” said Fernando      and organized the meeting. “But
need for better oversight principles       Garcia, director of the Border Net-       unlike the news pundits and D.C.
into what was called a “new vision”        work for Human Rights based on            policy makers, our basic rights, hu-
for border policy. This vision and the     the Texas and New Mexico borders,         man dignity and economic well-be-
                                           one of the convening groups of the        ing depend on practical, accountable

      Highlighting a Human Rights                                                                         Youth Speak Out!
          Promoter: Max Díaz                                                           Human Rights Promoter Quadalupe Quijada
                                                          and important issues for            My name is Guadalupe                      the organization. I still continue
                                                          myself and the Douglas        Quijada. I have been a member                   to participated in events in the
                                                          community.                    of Border Action Network for                    community like the Abuse Doc-
                                                                Our city would          two years. I started as a repre-                umentation Campaign and a trip
                                                          be different if each and       sentative of the youth talking                  to Washington D.C. to defend
                                                          every one of us took                                                                              and fight for
                                                          the bull by the horns,                                                                            comprehensive
                                                          like the Mexicans say,                                                                            immigration
                                                          and made sure that our                                                                            reform. Un-
                                                          rights are respected. As                                                                          fortunately,
                                                          a Cuban immigrant, I                                                                              the bill didn’t
                                                          am very proud to have                                                                             pass but we
                                                          been a part of opening                                                                            must continue
                                                          and promoting the                                                                                 pushing. I
                                                          Border Action Network                                                                             was invited by
                                                          office in Douglas and                                                                               the director
        Max Días at the Douglas, AZ office of BAN           am happy to see so                                                                                Jennifer Allen
                                                          many immigrants                                                                                   to become a
        Hello, my name is Max                  coming to document abuses                                                                                    member of the
  Días, and I live in the city of              that they have suffered. We are              Guadalupe Quijada, raising funds for D.C. trip                   Board of Di-
  Douglas, AZ, where I have                    not a social service agency but                                                                              rectors for the
  lived for many years. I have                 when people document their               with the immigrant community.                   organization. During the Posada
  been exposed to various types                abuses, it makes it possible for         After having participated in                    and Annual Membership Meet-
  of abuse by different agencies                the organization in collaboration        many Border Action events, I                    ing, I was elected to the board!
  in this city, such as the Border             with the community to make the           was invited to take a training to
  Patrol and local police. These               necessary changes to these corrupt       become a Human Rights Abuse                           Currently, although I am a
  agencies don’t seem to respect               agencies that have marginalized          Documenter. After having taken                  board member, I continue par-
  children, age, sex, nor economic             us. Like our newspaper says              this training and participating                 ticipating in community events,
  position. They abuse for the                 “Enough Already!” As a small             the successful Abuse Documen-                   continue as a Human Rights
  sake of power. Right now, after              group in Douglas, we want to             tation Campaign, I felt more                    Promoter, and will continue to
  more than two years in different              make a difference, and it for this        connected to the organization                   represent immigrant youth. As
  training’s, an organization there            reason that I invite you, if you         and desired to continue helping                 I previously mentioned, the
  is an organization that has turned           live in our around Douglas, to           my community. Border Action                     propositions for comprehensive
  my life around 360 degrees.                  get in touch with our office at            soon organized another training,                immigration reform have been
  I’m referring to Border Action               (520) 805-1728. It is a pleasure         this time to become a Human                     signals that we must continue
  Network, with its dedication it              to speak with people about our           Rights Promoter.                                fighting and participating until
  has helped a group of us truly               upcoming meetings and show                                                               we attain equality and human
  understand what our rights                   people how to become involved.                  After three months of in-                rights for all.
  are in this country. They have                                                        tense training, I graduated as a
  taught us about the Constitution             Max Días is a Human Rights               Promoter. With this knowledge,                Guadalupe Quijada is a Youth
  of the United States and the                 Promoter in Douglas, AZ                  my friends and I have helped                  Human Rights Promoter and
  Universal Declaration of Human                                                        many immigrant families to                    member of the Border Action
  Rights. With this knowledge                                                           learn their rights. This process              Network Board of Directors
  we have been able to organize                                                         has made me fell much more
  ourselves around many themes                                                          connected and truly a part of
Page 6                                                                       ¡Ya Basta!                                                               Spring 2008

                          Report from the Border Action Leaders Retreat
By Clarisa Flores

      Since the beginning of 2008, immigrants in        among other issues.                                          Thanks to Border Action for these retreats
the United States have been under attack. Cur-                After covering the topic of how we wanted        that are so informative and motivating for each
rent laws and anti-immigrant proposals have             to be remembered after we died, I concluded that       of the participants. Groups like this give us the
constantly been topics of dinner table conversa-        in a certain way, the State Legislature is trying to   desire to keep fighting because “Sí se puede/yes
tion in Hispanic homes. Arizona passed a law            pass measures that little by little are killing the    we can!”
that misleadingly claims to improve labor rights        most valuable parts of a person: the hope of being
for legal residents, but in reality, was an attack on   able to better oneself and the freedom to contrib-     Clarisa Flores is a Human Rights promoter of Bor-
immigrant workers. For this reason, a group of          ute efficiently to society.                              der Action in Tucson and a leader with the Summit
human rights promoters and leaders of the Border              Having this type of retreat and prepar-          Committee and other neighborhood committees.
Action Human Rights committees met for a very           ing ourselves to counter-attack this xenophobic
important retreat.                                      environment makes us feel that we are worth
      The weekend of February 16-17, far from           something; that regardless of our status, we all can
TVs and radios that broadcast bad news for im-          make a different we get involved and know our
migrants, the group of human rights workers and         rights in this country. But the most important
committees decided to tackle the problems of mi-        part is when we exercise our rights and make oth-
gration, police persecution, and labor abuse,           ers respect them.

         Valentines Day Serenades
            for Love and Justice
   This Valentines Day, February 14, various Tucson families had the opportunity to
   demonstrate love and friendship through beautiful melodies while at the same time helping
   Border Action.

   With guitar accompaniment by Pablo and the singers from Border Action, we serenaded
   homes with songs such as “Quizás, quizás, quizás,” “Piel Canela,” and “Por Fin.” All the
   families were pleased and even sang the songs with us. We thank everyone who participated
   and contributed more than $400 to Border Action. We promise that next year, if the demand
   is there, we will find an equally exciting way to fundraise for our organization.

cont. “International” pg. 1
                                         remedies in U.S. courts. Border Ac-
Special Rapporteur on the Rights of
                                                                                            Human and Civil Rights
                                         tion Network argued that civil suits
Migrant Workers and Their Fami-          are not effective in denouncing and
                                                                                            Violations Uncovered:
lies.                                    deterring vigilante behavior and do
      The U.S. government was rep-       not absolve the state of its duty to
resented by attorneys from the U.S.
State Department and a representa-
                                         prosecute these criminal offences.
                                               Following the arguments, the
                                                                                            A 2007 Report from the
tive of the U.S. Permanent Mission       Commissioners asked a number of                    Arizona-Sonora Border
to the OAS.                              follow-up questions to the parties,
      The Border Action Network          including a request for information          The following report demonstrates that the human costs of the current wide-
and their counsel presented legal ar-    as to the government’s policy on             net approach to border and immigration enforcement are brutal, unequally
guments and urged the Commission         vigilante behavior. The Commission           borne, and antidemocratic; that the practices that constitute border
to make the following requests of the                                                                                         enforcement have been used in ways
                                         went on to express its concern with
U.S. government: adopt a zero toler-                                                                                          that routinely violate domestic as
                                         the government’s characterization of
ance approach to border vigilantism                                                                                           well as international law; and that
                                         the victims in these vigilante inci-                                                 current policies and practices are
and prosecute offenses; appoint an        dents being treated well.                                                            unacceptable from both a legal and
independent investigator to examine            The Inter-American Commis-                                                     a moral standpoint.
vigilante abuses; create a database      sion on Human Rights will consider
of vigilante activities to track pat-    the information provided by both                                                    Our research documents the
terns of rights violations and build     parties and make a determination as                                                 daily abuses, from unlawful entry
cases for prosecution; discontinue       to the admissibility of the petition.                                               into homes to psychological
the practice of deporting victims        They did not indicate when the deci-                                                abuse, that border community
and witnesses of vigilante violence;     sion will be released.                                                              residents and immigrants suffer in
provide relevant training for law                                                                                            Arizona, offering practical reforms
enforcement and prosecutors; and                                                                                             and alternative policy solutions
                                         Seanna Howard is a human rights at-
institute a community education                                                                                              grounded in the experience and
                                         torney with the University of Arizona’s                                             expertise of our communities
campaign on the rights of migrants       Indigenous Peoples Law and Policy                                                   who suffer the harshest side-
and the illegality of vigilantism.       Program and represents the Border Ac-                                               effects of border enforcement and
      Attorneys for the U.S. gov-        tion Network before the Inter-Ameri-                                                immigration policy.
ernment did not dispute that the         can Commission.
incidents identified in the petition
had occurred. The focus of the                                                              To read the report, go to
United States’ argument centered
on the availability of civil lawsuits

                                                                                               and click on “Reports”
as a means of redress and an asser-
tion that the petition is inadmissible
due to the victims’ failure to exhaust
Page 7                                                                            ¡Ya Basta!                                                                   Spring 2008

  Report from the Border Action Network General Assembly
                                                         By Julissa Villa
                                                                                                                  reality that is happing in the political arena.
                                                               On December 15, we had our General                       We are pleased to have groups that are so
                                                         Assembly. Human rights promoters and commit-             dedicated to their work. After three hours we
                                                         tees from Douglas, Summit, Nogales, Sahuarita            all committed to follow the priorities of Border
                                                         and Tucson attended this annual meeting. Each            Action’s 12 Points. This time, Border Action’s
                                                         promoter and committee leader had the oppor-             12 points of action reflect a different scale. We
                                                         tunity to evaluate the work done in the com-             decided to leave the topic of migration and the
                                                         munity during 2007, as well as how everyone,             protection of constitutional and civil rights as
                                                         from the Executive Director to the Community             priorities, but we included a new priority: the
                                                         Coordinator, carried out their roles. This meet-         promotion of labor rights. With the inclusion of
                                                         ing gives us the chance to keep working accord-          this priority, we will focus on state proposals that
                                                         ing to the community’s needs, and who better             currently are affecting our community such as
                                                         to participate than the people who work tireless         the employer sanction law.
                                                         in their own areas, teaching people their rights,
                                                         documenting abuses, and making people see the
      “I Know My Rights” English class graduation

        Report from the Border Action Network Annual Posada
by Julissa Villa

      We celebrated our fourth annual posada                of what was collected by ticket sales. The other
once again in Tucson’s San Juan church on                   half was donated for scholarships for immigrant
December 15, after the General Assembly. We                 youth through the Mexico Foundation.
had the opportunity to celebrate the graduation                   We are pleased to be a part of this contribu-
of our “Community Warriors,” Border Action’s                tion, and again we saw the solidarity of our His-
group of Human Rights Promoters in Sahua-                   panic community. Although all kinds of storms
rita, as well as of “Active Communities, Fulfilled           and challenges may come, if we continue togeth-
Dreams,” the third group of promoters in Tuc-               er, we will be able to overcome all the barriers
son, and the first graduates of Border Action’s “I           that try to stop us from achieving our dreams.
Know My Rights” English class.

      We saw communities united, enjoying the
delicious supper prepared by Mrs. Regina López
and listening to live music. We also held a raffle
in which someone will end up the winner of half
                                                                                                                      Regina Lopez and Isabel Barron at the Posada

    2008 Membership Drive: We Count on Your Support!
By Julissa Villa                               and who we can count on at the           come a part of our organizations.         Together we will make a difference
                                               moment we begin to launch a cam-         We clearly believe in the ability of      to create safe and healthy communi-
       Dear Border Action members,             paign. We would like to make sure        our communities to create political       ties for our children.
it is a pleasure to greet you through          that you are part of the decisions our   and social change, and you member-              If you have further questions
this newsletter as well as to inform           organizations takes and that you are     ship will make that difference. We         regarding membership or our cen-
you that our membership is grow-               informed about the current needs of      will make sure that your contribu-        sus, please do not hesitate to call
ing every day thanks to the interest           our community.                           tion will be effectively and precisely     (520) 623-4944.
of people who believe in social jus-                 We invite you to be a part of      used. You have nothing to lose and a
tice. This allows us to keep making            our “2008 Border Action Member           lot to gain.                              Julissa Villa has been the Community
positive changes in our policies and           Census.” For us, everyone in the               Become a part of policy change      Coordinator since 2005
making our voices heard and re-                family counts: from the youngest to      in the State Legislature and together
spected.                                       the oldest, all are vitally important.   we will avoid all the injustices that
       The number of members in our                  Now is the time to renew your      are being debated in Congress. Take
organization is important because              membership, and if you are not a         action by phone, internet, fax, or ac-
it allows us to see the force we have          member yet, we invite you to be-         company us to the State Legislature.

                   COUNT ME IN!
       Become a member of Border Action Network and be a
       part of a growing movement demanding rights, dignity,
       and justice on the U.S. - Mexico border.
       City                                 State      Zip
       Telephone                         E-mail
       I would like to contribute:
          $25       $50      $120      $250      $500    Other $
           Check Enclosed                                                                                     Border Action Network
           Please charge my credit card     Visa     Mastercard                                          P.O. Box 384, Tucson, AZ 85702
       Card Number                                            Exp.                                               (520) 623-4944
       Security Code ___________
Page 8                                                                        ¡Ya Basta!                                                               Spring 2008

       Community Groups Demand Safety from Local Police
By Jennifer Allen                         Chief Miranda is not unaware of           officers to present the report and          reported that he is going to change
                                          the community’s concerns about his        talk about the Department’s policy        the policy, but is still working on the
Tucson, AZ –Three community               policy. In November 2007, a high          of calling Border Patrol. The Chief       details.
groups in Tucson, Arizona banned          profile incident in which a high           defended his policy, which is based              Border Action Network and
together to confront a growing con-       school student’s parents were called      on individual discretion of police        the other groups will continue to
cern among immigrant families that        to the school when their child was        officers to call Border Patrol if they      push for a better police department
local police officers will call Border      found to have drugs in his back-          want to, but also expressed a willing-    policy. “Under the current policy
Patrol agents.                            pack. The police that arrived at the      ness to consider alternatives.            of “discretion”, an officer can call
      Beginning in January, the           school called the Border Patrol when            The Chief reviewed Border Ac-       Border Patrol if he/she wants to.
groups, which include Border Ac-          the parents said they did not have        tion’s report and sent the organiza-      As a result, community members
tion Network, Casa Maria and No           drivers’ licenses because they were       tion a detailed response to each rec-     are afraid to drive anywhere other
More Deaths, met with five out of          undocumented immigrants. The              ommendation. In the meantime, the         than work-school-home. People
six Tucson city council members                                                                                                     who have been victimized by
or their key staff. Thirty to fifty       Law Enforcement Agencies Committing Possible Abuses crime, sexual assault, domestic
community members                                                                                                                          violence, child abuse are
packed the small meet-                                                                                                                     less likely to report the
ing room at Casa Maria                                                                                                                     crimes if they believe
to share their experiences                                                                                                                 Border Patrol may also
with local police call-                                                                                                                    show up,” explained a
ing immigration officers                                                                                                                     young woman at one
and to recount the fear                                                                                                                    of the meetings with a
that ripples through the                                                                                                                   council member.
community. Both No                                                                                                                                Public safety is
More Deaths and Border                                                                                                                     the responsibility of the
Action Network pre-                                                                                                                        local police. However,
sented reports that detail                                                                                                                 public safety depends on
incidents of immigration                                                                                                                   building confidence and
collaboration and analyze                                                                                                                  trust between the com-
the patterns of abuses.                                                                                                                    munity and the police
Council member Leal                                                                                                                        department. Commu-
was the first to attend;                                                                                                                    nity organizations like
he was followed by Karin                                                                                                                   Border Action Network
Uhlich, Regina Romero,                                                                                                                     are dedicated to ensur-
Rodney Glassman, and                Statistics from Border Action Network’s 2007 Human Rights Abuse Documentation Campaign                 ing that local police,
Nina Trasoff.                                                                                                                               be it Tucson, Douglas,
      Each council member was              Border Patrol went to the school             group began the process of meeting    Nogales, or other southern Arizona
asked if they would support chang-         the family’s other child attended            with the council members to under- towns, are protecting the safety and
ing the Tucson Police Department’s         and then placed the entire family in stand their position on the issue.            security of all residents. It is hoped
policy to one that says police officers removal proceedings.                                     In February, Border Action,    that the Tucson Police Department
should be police officers, nothing                  Shortly after this incident, Bor- Casa Maria and No More Deaths             can boast that they are doing exactly
more and nothing less; people’s            der Action Network reviewed all of           met with the police chief again. This that within the next few months.
immigration status is irrelevant and       the reports received by community            time he was presented a draft policy
Border Patrol should not be called.        members and generated a report fo- that the groups had put together                Jennifer Allen has been Executive
Every council member agreed. Sever- cused on Tucson Police Department. that they wanted the police depart-                    Director of Border Action Network
al of them offered ideas for how best The day before Thanksgiving, Border ment to adopt. The chief said he                     since 2001.
to proceed.                                Action Network met with the Chief would review it and get back to
      Tucson Police Department             of Police and four other senior level        them. Three weeks later, the Chief

  Border Patrol “Operation Streamline” Hits Tucson, AZ
 by Zali Zalkind                           returned to county, state, and fed-       answered, if only 10% of detain-          introduced a bill, SB 2709, which
                                           eral prisons for the remainder of         ees face prosecution, who decides         would require the Justice Depart-
 Tucson, AZ - Daily, behind the            their sentences.                          who is and who is not prosecuted?         ment and DHS to expand the
 shimmering multimillion-dollar                  With its implementation, the        It is this inconsistency and arbi-        zero-tolerance program to the
 walls of the Federal Courthouse           Department of Homeland Secu-              trary, selective application of the       entire U.S.-Mexico Border by the
 in Tucson, immigrants are sub-            rity (DHS) is seeking to increase         law that is cause for concern to          end of 2009 and mandate 100%
 jected to “Operation Streamline.”         the prosecution rate of detained          groups like Border Action Net-            prosecution for all detained im-
 The newest implementation of              migrants ten-fold, or from 1%             work.                                     migrants.
 the Border Patrol’s zero tolerance        to 10%. The increase requires                    Everyone who is pushed
 policy, Operation Streamline calls        doubling the monthly budget to            through Operation Streamline                    Instead of wasting millions
 for the criminal prosecution of           house federal prisoners from $11          faces the same charge of having           of dollars on operations that vio-
 all immigrants detained while at-         million to $22 million. The over-         unlawfully entered the United             late the basic tenets of the U.S.
 tempting to cross the desert into         all operation is expected to cost         States. Yet, sentences for each de-       judicial system and constitution,
 the U.S.                                  over $100 million a year.                 fendant varies from “time served”         the U.S. Congress should shift
       The Operation began as test               The operation is an attack on       to receiving up to 180 days in            from their failed enforcement-
 in Yuma, Arizona and Laredo,              human and constitutional rights           prison. While judges have re-             only, seal-the-border approach to
 Texas last year; it expanded to the       and the judicial process. While the       ported that sentences are based           approving a comprehensive immi-
 Tucson Sector in January 2008             Border Patrol claims that the proj-       on whether the detainee has any           gration reform bill.
 and expanded to New Mexico and            ect will deter people from coming         prior records, these disparities in
 El Paso in March of the same year.        across the border, agencies like the      sentencing beg the question as                 Zali Zalkind is the Program
 In Tucson each day, approximately         Federal Public Defenders office             to whether all people are being           Support & Online Coordinator at
 one hundred young men from                that shoulder the burden of this          treated equally under the law.            Border Action since 2006.
 Mexico are brought before a fed-          program have been quick to point                 Despite these fundamental
 eral district judge. In groups of         out its ineffectiveness and exces-         due process and other concerns
 twenty, they are arraigned, tried,        sive use of already limited federal       with the project, Congress is
 and sentenced within five minutes          resources.                                considering expanding the proj-
 and sent back in shackles to be                 The question remains to be          ect. Senator Jeff Session (R-IL)

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