USDA: Forest Service Violated Civil Rights Using Border Patrol Agents as Interpreters
- Posted on June 5, 2012 at 11:34pm by
Jason Howerton
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(AP Photo)
The U.S. Forest Service’s use of Border Patrol agents as language interpreters and for law enforcement in stops involving Hispanics is discriminatory, the U.S. Department of Agriculture ruled last week.
The decision, which could shape future U.S. policy, asserts that by calling the Border Patrol for translation services during a routine stop in Washington’s Olympic National Forest, the Forest Service violated the civil rights of a spanish-speaking woman, The Washington Post reports.
The federal department says the incident was “humiliating” to Hispanics and a covert, deceptive tactic used by the Border Patrol to capture more illegal aliens. The ruling, ultimately made by the Agriculture Department’s assistant secretary for civil rights, will likely create more red tape for law enforcement agencies to cut through as they try to help secure the border while also tiptoeing a fine line to avoid accusations of racial profiling.
USDA Assistant Secretary for Civil Rights Joe Leonard Jr. (Source: FAMU.edu)
Assistant Secretary Joe Leonard Jr. reportedly said involving the Border Patrol “escalates” situations involving Hispanics and law enforcement.
The decision requires the Forest Service to post in its offices throughout the Olympic National Forest a notice acknowledging that it violated nondiscrimination laws and providing directions for how those who believe they have faced discrimination may file a complaint.
“Given the increased risk of being questioned about immigration status during an interaction with [Border Patrol], the policy of using BP for interpretation assistance is problematic in all situations because it places a burden on [limited English proficient] individuals that non-LEP individuals do not experience,” Leonard ruled.
The Forest Service, the decision said, “has no specific policy regarding the use of Border Patrol as a backup to provide guidance or safeguard against discrimination.”
The incident in question actually occurred in 2011. An officer with the Forest service came across a Hispanic couple inside the national park who were seemingly harvesting plants on federally owned lands – which is illegal.
The Washington Post has more background on the encounter:
The couple didn’t speak English and he didn’t speak fluent Spanish and, anticipating that situation, he called the Border Patrol for backup and translating.
But when a Border Patrol agent arrived, the couple fled. The woman was apprehended, but the man jumped into a river to try to escape and drowned. The Border Patrol took the woman into custody but released her several days later, reportedly on humanitarian grounds.
The Northwest Immigrant Rights Project complained to the Agriculture Department, which oversees the Forest Service, and last week’s ruling was the result.
Matt Adams, legal director of the project, said the Border Patrol has been expanding its reach in the Northwest and that has meant more encounters well away from the border.
“They’ve got nothing to do out there as far as their traditional mission, that is enforcing people coming through the border. So in order to justify those expanded numbers, they utilize these other tactics,”Mr. Adamssaid. “At the end of the day, they can drag in bigger numbers, but it’s not focused on the border.”
His group is challenging other federal agencies’ use of the Border Patrol for translation services, and has filed requests under the Freedom of Information Act seeking logs for how often agents are used for translation.
Last week’s ruling relies in part on an executive order issued during the Clinton administration that says language is interchangeable with national origin, which is protected by federal law.
Critics are upset with the ruling and argue the federal government is granting special privileges to illegal aliens who do not have a legal right to be in the country.
“The ACLU and illegal alien rights groups are well aware that American courts have never upheld their argument that language and national origin are equal, so they battle out these disputes in private between the agencies in order to come to a settlement where both the courts and the taxpayers are absent from the table,” said Suzanne Bibby, director of government relations for ProEnglish. “This is their new strategy because they know they will lose in the courts.”
A spokeswoman for U.S. Customs and Border Protection told the Washington Post that CBP is reviewing the decision but that the agency remains committed to civil rights.
Residents reportedly told the review board overseeing the case that the Forest Service officer accused to civil rights violations was notorious for harassing Hispanics and for teaming up with the Border Patrol.
However, the Forest Service officer in turn said he was concerned that the Hispanic community had been “tracing” his movements, according to the report.
In the end, Leonard was more convinced by the residents’ complaints and remained suspicious of the officer.
The Washington Post reports that the ruling was based on a few legal arguments: First, that the complainant was within her right to visit the national forest; second, that a law enforcement stop affects the availability of the service provided by the national forest; and third, that the Forest Service must take steps to protect those with limited English, including making them not feel unduly threatened.
In April, the American Civil Liberties Union filed a lawsuit against the Border Patrol seeking to bar agents from making traffic stops, saying people are being pulled over and questioned for the way they look and without reasonable suspicion. The lawsuit stemmed from tensions between immigrants and the expanded presence of Border Patrol agents on the Olympic Peninsula, which shares no land border with Canada.
The Associated Press contributed to this report.
(H/T: Drudge)
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Comments (85)
Diane TX
Posted on June 6, 2012 at 2:22amIt gets my attention every time, a smug commie says: “there isn’t such a thing as an illegal human”. The thing is, being human is not illegal, but being an illegal alien is. The two are not the same thing. When the next commie says this spiel to you, reply, yes I known that humans are legal, but I’m speaking about illegal aliens.
Report Post »creepshow
Posted on June 6, 2012 at 2:45amRegarding the Fast & Furious scandal:
Report Post »John Boehner and Eric Cantor are blocking Darrell Issa from moving forward with contempt charges against Eric Holder.
Why?
Diane TX
Posted on June 6, 2012 at 3:06am@ creepshow
So you say. There isn’t any way that I know your statement is true. Do you have any proof?
Report Post »RJJinGadsden
Posted on June 6, 2012 at 5:05amWhen Carter first sent my unit to the Mariel Boat Lift we had a couple of guys who spoke some Spanish. But, Carter also sent a certain amount of Border Patrol along with the Park Police from DC as they were called at that time. We relied heavily on the Border Patrol as interpreters during their stay. As I recall, all of them where I was spoke Spanish. It just makes sense to rely on the nearest people around the Forest Service who can interpret the language.
Report Post »JakeEllis
Posted on June 6, 2012 at 6:44amCreepshow. Because Boehner is a large par of the proble in DC. He is weak, ineffective, and has not done 1 thing we gave him the majority to accomplish. He is a progressive, and the repulican party needs to oust each and every progressive from its ranks. Now!
Report Post »AZRACISTBIGOT
Posted on June 6, 2012 at 11:14amOh! Boo Hoo Hoo. I feel so sorry for the poor illegals who may be questioned about a crime they committed when they invaded our country.
Why does the Dept of Agriculture employ an Assistant Secretary for Civil Rights?
If this tool is the Assistant, that must mean that there is a higher ranking one as well.
How many of my tax dollars are being spent on safeguarding the delicate sensibiliities of illegal aliens?
I thought the USDA’s main focus was on agriculture, not administering social justice and preaching marxist principles.
Report Post »Ghandi was a Republican
Posted on June 6, 2012 at 1:29amJust ignore them. Let the usda got o court and establish their jurisdiction. MY civil right are being violated every day obama and his alinsky radicals aren’t in GITMO….
Report Post »spikebu
Posted on June 6, 2012 at 1:14amIt’s going to take me a while to get through this article. I couldn’t force my mind past “The USDA ruled…”. Right now, I’m imagining Mexican deer growing lettuce on Federal land. Really? The USDA ruled on something regarding civil rights?
Report Post »Sorocialism
Posted on June 6, 2012 at 1:28amYou should also know…it is the Dept. of Agriculture that pays the U.S. Border Patrol paychecks every two weeks as well…thats a whole new twist isn’t it.
Report Post »spikebu
Posted on June 6, 2012 at 1:43amIf you could see me now, I’d resemble a Picasso! That is twisted. Now all i can think is Soylent Green! Do they stamp USDA APPROVED on the illegals?
Report Post »supermansdad
Posted on June 6, 2012 at 3:03amThe Forrest Service is a dept of the USDA therefore they get to review their actions.
As far as BP providing additional support as backup and/or interp there is nothing wrong with that. Many agencies don’t have ready access to fluent spanish speakers so you use the best SME (subject matter expert) that you have on hand. If it happens to be BP then so be it.
Report Post »RebelPatriot
Posted on June 6, 2012 at 12:51amSomeone explain how an illegal from Mexico can have their civil rights violated by answering questions from the border patrol.
I am an American and have my civil rights violated everytime I fly on a plane.
This is what is wrong in america today. This is such hypocritcal BS, it is almost impossible to comprehend.
King Hussein and his lynch men need to send the TSA down to the border if they want to protect americans. We are being over run by illegals and it’s ok with the progressives, they know if they give them entitlements they will become good little socialist/democrats in the future.
I believe I will file a lawsuit concerning the TSA patdowns. I feel my civil rights have been violated when I have flown and I will not stand for it anymore.
I don’t look like a terrorist, I don’t dress like a terrorist, why am I treated as if I am a terrorist.
We need to take this country back in 2012 before it’s too late. This is getting more ridiculous by the day.
Report Post »mharry860
Posted on June 6, 2012 at 1:31amThank you.
Report Post »Windwalker
Posted on June 6, 2012 at 9:55amAnother Thank You.
Report Post »Constructionist
Posted on June 6, 2012 at 12:40amClearly, using Spanish speaking federal agents to communicate with non-English speaking Hispanics is blatant racial profiling and strips them of their civil rights. In the future, federal agents should only communicate with Hispanics in Cantonese or Russian Church Slavonic… and then arrest those who do not answer promptly for obstruction of justice.
Report Post »Sorocialism
Posted on June 6, 2012 at 12:50amWhy is thethe U.S. Department of Agriculture ruling on ANYTHING that has to do with Law enforcement??????????
Report Post »asybot12
Posted on June 6, 2012 at 12:53amAdd to that finnish and hungarian (a joke every one OK?)
Report Post »Wolf
Posted on June 6, 2012 at 1:16amSorocialism… Check NDAA- you‘ll find all kinds of new and exquisite laws in it you’d never believe.
Report Post »“…the federal government is granting special privileges to illegal aliens who do not have a legal right to be in the country…” and denying those same rights to American citizens every day.
Thank you, H.W & G.W. Bush and Barry Sotero, you turds!
supermansdad
Posted on June 6, 2012 at 3:14amUSDA is the parent agency of the Forrest Dept., therefore, they get to review anything they do. Forrest Dept. does have rangers whom are LEO certified so there is the likelyhood they will have the opportunity to review an LEO’s actions that occured on property under their jurisdiction. Parks Service is same way, they too have LEO’s that are more than just tour guides but are certified police officers that perform law enforcement functions on those federal lands under their jurisdiction.
Report Post »valleyfever
Posted on June 6, 2012 at 12:36amWhat kind of plants were the couple harvesting? Marijuana maybe? If these folks were out in the forest dying and the Forestry called the EMT’s and they needed an interpreter…the BP would have been just fine I bet.
Disband the USDA they are worthless.
Report Post »Fubared
Posted on June 6, 2012 at 7:42amDitto. Lots of acronyms that need to be completely gutted- and maybe they could work on the fence instead.
Report Post »okiwen
Posted on June 6, 2012 at 12:36amI AM one of those BP agents on the peninsula. This is an absolute farce and is based on very little fact. We are the ONLY back up these Forest Service agents have for, literally, hundreds of square miles. They are all alone. The only other agency even willing to help keep these guys safe … is us! No other PD, Agency, or helpful citizen is in the area or willing to drive out in the middle of nowhere to keep them alive.
Forest product theft and destruction is a multi-billion dollar problem out here. That is why they are being stopped in the first place. Well, I could go on and on but the bottom line is Leonard is an absolute idiot!!!! I’d love to see him out here sometime.
I think my eyes just started bleeding from the stupidity expressed these days.
Report Post »asybot12
Posted on June 6, 2012 at 12:56amOki we are with you what the .. is the USDA doing in the Forrest Department!! others have mentioned drugs they are right on the mark!!
Report Post »okiwen
Posted on June 6, 2012 at 1:13amI am sorry. I am very limited on what I can say, but I could not breathe through all the BS I am reading. People that have absolutely NO clue are passing judgement on the people that were there. Thank you for the support. I’ll tell the guys we are not alone…like the Forest Service will be from now on I guess.
By the way, we have EMTs out in the forest too. No problem with the translation then, or, when they want to report a crime against themselves. No fear when they think they need help. Strange.
Report Post »supermansdad
Posted on June 6, 2012 at 3:24amOKIWEN:
You will find that many on here on Libertarians who think all LEO, in particular federal like you and myself, are all out to only haze, harrass, or otherwise subjugate citizens. Many do not understand that the nearest agency will support an officer in need or that whenever a subject matter expert such as an interpreter or EMT is needed on scene the first agency will use the nearest or best SME on hand.
Where I work many of the small PD‘s don’t have K9 support so will use the nearby Tribal agency. Absolutely nothing wrong with that.
Report Post »RJJinGadsden
Posted on June 6, 2012 at 5:10amThe USDA is just another alphabet soup agency that needs to be gutted by a new president and congress.
Report Post »Dismayed Veteran
Posted on June 6, 2012 at 11:41amThanks for your service. I have hiked the Olympic National Forest via Hurricane Ridge. The forest is remote.
My wife used to work for the National Forest Service. One her main duties was in logistics at fire camps. She was also a Forest Service LEO and a forester.
I do have to ask the same question I asked my wife 40 years ago. Why don’t we combine the National Park Service, the National Forest Service and the Bureau of Land Management? Seems like they all deal with use of federal lands.
Report Post »capitalismrocks
Posted on June 6, 2012 at 12:34amWhat does it matter?!??!! If they can translate, they can translate…. All of these agencies and commissions and what have you, they all need to come under Congressional control and be reigned in, their are just insane and its beyond disgusting….
Report Post »Republic_of_Texas
Posted on June 6, 2012 at 12:29amIf this would have happened in Texas, they could have just taken them to the nearest fast food restaurant and had the person at the cash register be the interpreter.
Report Post »The-Monk
Posted on June 6, 2012 at 12:29amOh, I get it. The Agriculture Department was involved because the illegal aliens were harvesting dope on Federal lands.
Are we sure that Joe Leonard Jr. isn’t related to Eric Holder?
Report Post »Watermain
Posted on June 6, 2012 at 12:26amAre will still going to be able to use guns to subdue people from countries that don’t allow gun ownership? Oh, wait a minute I forgot we have rubber bullets…
Report Post »Watermain
Posted on June 6, 2012 at 12:22amThe next thing we know we will need a Mexican national to arrest a Mexican criminal in the US. What the hell are we coming to?
Report Post »COREZONE
Posted on June 6, 2012 at 12:20amMan, do we have a lot of work to do. What ever happened to common sense?
Report Post »Windwalker
Posted on June 6, 2012 at 9:58amIndeed!
Report Post »The-Monk
Posted on June 6, 2012 at 12:20amWhat in the World does the U.S. Department of Agriculture have to do with language translations between the Border Patrol and U.S. Forest Service?
Oh, please forgive me, I forgot, the Border Patrol isn’t allowed of Federal lands….
I’ll bet that Joe Leonard Jr. is related to Eric Holder in some way.
Report Post »GingersWorld
Posted on June 6, 2012 at 12:15amWhy in the hell is the US DEPARTMENT OF AGRICULTURE involved in any way with making “rulings” about the activities of other US agencies and departments and issuing “requirements” for them to follow? Since when did the USDA become a court of law? The USDA (as well as the EPA) have become way too damn powerful in this country, and all citizens are or will be paying the price in loss of liberties.
Report Post »Homeschoolmama
Posted on June 6, 2012 at 12:53amMy thoughts exactly!
Report Post »pdw
Posted on June 6, 2012 at 12:13amThe Department of Agriculture has no authority when it comes the the laws of this country. They need to take her to court, that is if the court is not corrupt also.
Report Post »Mtremblay
Posted on June 6, 2012 at 12:07amSo is it than “humiliating” in a hospital emergency room to get an interpreter?
Report Post »liltexasgal
Posted on June 5, 2012 at 11:52pmJust when you think the absurdity can’t get any worse, it can. The progressives aren’t even making a little bit of sense anymore. All reason and common sense has been thrown to the wind.
Report Post »Cheekymnky2
Posted on June 5, 2012 at 11:58pmWasn’t the lack of communications between federal departments one of the main causes for the last major terrorist attack in the US? I guess so much for “We will never forget.”
Report Post »godhatesacoward
Posted on June 6, 2012 at 12:01amYep, Fn sad ain’t it!?
Report Post »possom
Posted on June 5, 2012 at 11:48pmThe dept of agriculture? Really? Shouldn‘t they be more worried about oh I don’t know AGRICULTURE, It seem‘s to me they’ve just become another useless gov agency that need’s to be disbanded!
Report Post »supermansdad
Posted on June 6, 2012 at 3:28amUSDA certainly needs to go or at least be cut to near non-existance, however, Forrest Service is part of the USDA and therefore get to review their actions.
Report Post »RetUSAFVet
Posted on June 5, 2012 at 11:47pmWI tonight is the first step in cleaning house and getting rid of this administration’s biased appointments, and returning the country to a common sense country.
Report Post »creepshow
Posted on June 6, 2012 at 12:38amRETUSAFVET
Report Post »That’s doubtful. Our government is infested with progressive provocateurs who have been slowly transforming America for decades. Joe McCarthy was right, but his memory has been successfully smeared in the eyes of the public by socialist/liberal progressives who harbor Marxist sympathies. If you think that sounds a little conspiracy-ish, by all means, keep your head firmly planted up your own a**.
“USDA Assistant Secretary for Civil Rights Joe Leonard Jr.”
Think about that title for a minute. Why does the USDA require a person with that title and function?
The remaining old school Republicans are no less worthless, as they have allowed liberal progressives to run amok in exchange for their piece of the power pie.
Take Operation Fast & Furious. Darrell Issa is ready to go with well deserved and warranted contempt charges for Eric Holder. John Boehner and Eric Cantor are blocking the contempt charges from going forward.
Why?
BIgWheeler
Posted on June 5, 2012 at 11:47pmI’m doing my part: I use a sharpie to cross-off spanish in signs in public places,
Report Post »ARealCharliesAngel
Posted on June 5, 2012 at 11:52pmI LOVE it…..Perfect!!!
Report Post »RepubliCorp
Posted on June 6, 2012 at 12:54amThanks for that one………
Report Post »lukerw
Posted on June 5, 2012 at 11:44pmCivil Rights is a type of Treason against the Majority, thereby Nation!
Report Post »Latter.Day.Saint
Posted on June 5, 2012 at 11:43pmWhy is the Dept. of Agriculture saying this? It’s not even their department. Is it?
Report Post »supermansdad
Posted on June 6, 2012 at 3:05amYes, forrest dept is part of USDA
Report Post »Smokey_Bojangles
Posted on June 5, 2012 at 11:38pmHere is an idea. If they no speaky English,send them to Mexico to find their own way home.
Report Post »KangarooJack
Posted on June 5, 2012 at 11:37pmThey should have just shot her.
Report Post »asybot12
Posted on June 6, 2012 at 1:05amI am going to regret saying his but the thought of letting her try to rescue her husband crossed my mind. It is not only in the US this kind of insane behavior from bureaucrats is happening. It is going on all over the world where the socialist are creating their mess . The one thing their people are great at is CYA just look at the WH! It is always ALWAYS somebody else’s fault!.
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