31 May 2012
More on USDA Ruling re Use of Border Patrol Agents as Interpreters
"In a precedent-setting decision released publicly today, the Department of Agriculture’s civil rights office said that the U.S. Forest Service discriminated against Latinos on the Olympic Peninsula by using Border Patrol agents as interpreters and as law-enforcement support in routine matters.
The USDA’S Office
of the Assistant Secretary for Civil Rights, known as OASCR, also
ordered the Forest Service to make significant policy changes at the
national level to remedy its discriminatory policies and practices. In
addition, the office directed that additional steps be taken at the
Olympic National Forest offices in Washington State.
The decision by the federal agency came in response to a complaint filed by Northwest Immigrant Rights Project
(NWIRP) on behalf of one of its clients, whose name is not being
released publicly to protect her privacy. The complaint stemmed from an
incident in May 2011 in which a U.S. Forest Service officer called
Border Patrol during a routine stop in the Olympic Peninsula. The
incident led to the death of the partner of the complainant in the case.
“The decision in this tragic case vindicates
the complaints made not only by our client but also by many community
members in the Olympic Peninsula about the discriminatory practices of
the U.S. Forest Service,” said Jorge L. Barón, Executive Director of
Northwest Immigrant Rights Project.
“We also
believe this is the first legal ruling addressing the issue of whether
the use of Border Patrol agents as interpreters violates civil rights
protections and we are pleased that this federal agency has concluded
unambiguously that this practice is discriminatory,” Barón added.
The decision in this case comes less than a month after NWIRP filed a separate complaint with
the U.S. Departments of Justice and Homeland Security regarding the use
of Border Patrol agents for interpretation assistance by other law
enforcement agencies throughout Washington State. That complaint
remains pending.
In a related development
earlier today, an alliance of advocacy organizations affiliated with the
Northern Border Coalition, including NWIRP, filed a request under
the Freedom of Information Act (FOIA) for records related to the use of
Border Patrol agents as interpreters for local law enforcement
agencies, a practice that has now been labeled as “discriminatory” by a
federal agency. A separate FOIA request
seeks the release of information about Border Patrol agents’
participation in 911 dispatch activities. The alliance of organizations
that submitted these FOIA requests includes the American Immigration
Council, the Alliance for Immigrants & Reform Michigan, Migrant
Justice, the New York Immigration Coalition, Northwest Immigrant Rights
Project, and OneAmerica. The requesters are represented by the American
Immigration Council’s Legal Action Center. " - NWIRP, May 31, 2012.
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