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    Administrator Jean's Avatar
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    OH - Testimony comes to end in federal profiling trial against (update)

    Testimony comes to end in federal profiling trial against border
    Published: Friday, 6/26/2015

    Testimony concluded Thursday in the federal ethnic profiling trial against U.S. Customs and Border Protection agents at the Sandusky Bay Station in Port Clinton.

    Attorneys wrapped up nearly two weeks of witness testimony from border patrol agents, expert witnesses, and people of Hispanic ethnicity who testified that they were targeted by border patrol because of their appearance.

    The last day of testimony included Mario Martinez, who spoke of his experience as chief patrol agent of the border patrol’s Detroit sector, which includes the Sandusky Bay station. He said he did not tolerate improper profiling and would have known if it happened.

    He testified that race and ethnicity are not used as a criteria for stops or law enforcement decisions without “exceptional circumstances,” such as a specific suspect description of a wanted person. Mr. Martinez is currently the interim chief patrol agent for the Laredo sector in Texas.

    The defense rested after Mr. Martinez’s testimony. Judge Jack Zouhary requested more documents from the government, including agent training materials related to profiling policies and documentation related to an investigation or discipline of agents over perceived racial slurs.

    This stemmed from the use of term “wet” in correspondence, which agents testified was used to describe a person’s immigration status and not as a reference to someone of Hispanic ethnicity. Both sides are to submit post-trial briefs by July 31.

    http://www.toledoblade.com/Courts/20...wb9PEiybe0i.99
    Last edited by Jean; 02-26-2016 at 01:17 AM.
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    Judge clears area border patrol

    Racial discrimination, constitutional violation not found in FLOC case

    February 26, 2016
    BY LAUREN LINDSTROM

    A federal judge has ruled that U.S. Customs and Border Protection agents at the Sandusky Bay Station did not racially discriminate or violate the constitutional rights of several Hispanic individuals who its agents stopped or detained.

    The case, brought by the Farm Labor Organizing Committee and Canton-based Immigrant Worker Project on behalf of their respective members, alleged border patrol agents targeted Hispanics for stops and detentions, and that agents used racially insensitive terms.

    The trial occurred in June in Toledo’s U.S. District Court with Judge Jack Zouhary presiding. In his decision issued Wednesday, Judge Zouhary wrote that the plaintiffs failed to show border patrol “has a policy or practice of escalating consensual encounters through immigration interrogations or encouraging local law enforcement officers to unconstitutionally prolong their investigations.”

    The judge said the occasional use by agents of the word “wet” or “wetback,” understood by many as a slur toward Hispanics or those entering the United States by crossing the Rio Grande River — a definition the plaintiffs and defense disagreed upon — wasn’t enough to prove a claim of racial profiling or a broader culture of discrimination.

    Individual testimony from Hispanic individuals stopped by border patrol also failed to show a policy or habit of unlawful seizures, the judge wrote.

    “The evidence presented, at best, a handful of distasteful incidents,” he wrote.

    “But that certainly does not rise to the level necessary for this court to impose equitable relief on [U.S. Customs and Border Protection] and to assume the role of monitoring.”

    Nicole Navas, spokesman for the U.S. Department of Justice’s civil division, declined to comment beyond what was revealed at the trial.

    Attorneys for the plaintiffs expressed displeasure.

    “We are very disappointed. We believe that the court made a clear error in law and ignored essential evidence,” said John Murray, an attorney for the plaintiffs. He said they are now studying options for reconsideration and appeal.

    http://www.toledoblade.com/Courts/20...er-patrol.html
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