Thread: Border activists say they knew law

http://www.azstarnet.com/dailystar/metro/107094

Border activists say they knew law
By Stephanie Innes
ARIZONA DAILY STAR
Tucson, Arizona | Published: 12.15.2005

Indicted volunteer aid workers Shanti A. Sellz and Daniel M. Strauss told a federal prosecutor Wednesday that they were well-versed in immigration law prior to their July arrest for illegally transporting migrants.

But Sellz, 23, said the training she received from the faith-based No More Deaths Coalition taught her that transporting an illegal immigrant to get medical assistance is not against the law. The testimony came during a hearing on whether to dismiss federal charges against the two aid workers. The hearing was continued until Jan. 5. A trial has been scheduled for Jan. 10.

Sellz and Strauss, 24, were arrested July 9 with three illegal entrants in Sellz's car, which was marked as a "Samaritan" vehicle. Sellz and Strauss said the men were dehydrated and extremely ill after drinking contaminated water from a cattle tank, and that they were taking them to a medical clinic that had been set up at Southside Presbyterian Church, 317 W. 23rd St., in Tucson.

Federal prosecutors say the men weren't in dire need of medical aid, and that Sellz and Strauss were unlawfully aiding the men's illegal entry.
Prior to the hearing, at least 200 people packed Southside Presbyterian for a support rally.

During more than three hours of testimony Wednesday in a packed courtroom presided over by Judge Bernardo P. Velasco, Sellz and Strauss told federal prosecutor Irene Feldman they were aware of U.S. law on transporting illegal immigrants even though the law is not specifically printed in their No More Deaths training materials.

Feldman asked Sellz about the training she received before going into the desert to the No More Deaths "Ark of the Covenant" camp in Arivaca.
The Ark of the Covenant camp has operated 24 hours a day, seven days a week, for two consecutive summers. It's in operation during the hottest months of the year, when illegal immigrants crossing on foot from Mexico into the United States have been dying at a rate of about one a day.
When Sellz said one of the people who spoke at her training was the Rev. John Fife, the retired pastor of Southside Presbyterian, Feldman asked if she knew Fife has a federal conviction for violating immigration law.
Sellz said she was not aware of Fife's conviction when she was first trained as a No More Deaths volunteer, though she's aware of it now. Fife was in the courtroom Wednesday.

Fife and five others â€â€

But Sellz, 23, said the training she received from the faith-based No More Deaths Coalition taught her that transporting an illegal immigrant to get medical assistance is not against the law.

Well, I can sympathize with that.

My training from the faith based You Deserve it All Coalition taught me that robbing banks is not against the law.

It's a win-win for everybody in the new Laws Don't Matter America.

GREAT MINDS, COUNT! I had just copied the very same thing to POST!

But Sellz, 23, said the training she received from the faith-based No More Deaths Coalition taught her that transporting an illegal immigrant to get medical assistance is not against the law.

My response to that was that here we go again. ANOTHER one of BUSH's FAITH-BASED initiatives gone amok. When is this ever going to STOP? Why are we sitting back and allowing our tax money to be spent on these groups like this one and La Raza and El Pueblo??? After the first of the year, I am going to make that my mission--LOBBY LIKE CRAZY to have these 501 C 3 organizations made accountable for our tax dollars. And, then SHUT THEM DOWN. They CERTAINLY NOT accomplishing whatever FOGGY GOALS BUSH had hoped for!

Bootsie, all I want to know is when did we decide that you're allowed to interpret the law based on your "beliefs"?

Can't wait to see how the Islamists decide to implement this.

Good question, Count. IN fact, I have NO IDEA WHAT he had in mind when he started those "faith based" organizations. ANYONE OUT THERE HAVE ANY NOTION????

http://www.tucsoncitizen.com/news/borde ... moredeaths

Thursday, December 15, 2005
Two migrant-aid workers want judge to toss smuggling charges

A.J. FLICK
ajflick@tucsoncitizen.com


Two humanitarian aid workers charged with human smuggling testified yesterday that border officials had approved transporting illegal immigrants in medical emergencies.

Shanti Sellz of Prescott and Daniel Strauss of Tucson, members of the humanitarian cooperative No More Deaths, testified in U.S. District Court during the first part of a hearing on their attorneys' motion to dismiss charges.

Sellz and Strauss were arrested July 9 with three illegal immigrants inSellz's car. Sellz and Strauss said they were driving the three men to South Side Presbyterian Church because they were in severe medical distress.

A Border Patrol spokeswoman said at the time that the men being transported were not in medical distress.

Sellz and Strauss are charged with transporting an illegal immigrant and conspiracy to transport an illegal immigrant.

Strauss, who once was a certified emergency medical technician, said one of the immigrants had vomited twice and reported having diarrhea, signs of severe dehydration.

Sellz and Strauss said they were told that Michael Nicley, chief of the U.S. Border Patrol's Tucson sector, and former Tucson sector chief David Aguilar, who now heads the entire Border Patrol, had approved No More Death's protocol to transport illegal immigrants in medical emergencies. They were told by lawyers and other humanitarian workers, they said.

Under cross-examination, Sellz and Strauss said they never saw any agreement in writing and neither attended meetings with Border Patrol officials.

Legal arguments in the dismissal motion centered on federal law that says no one can help illegal immigrants "in furtherance of their illegal presence."

No More Deaths contends the Border Patrol's alleged oral approval of medical evacuation plans means Sellz and Strauss were acting legally.

Prosecutors say defense attorneys haven't proved that any such approval was given and that jurors should decide whether the pair's actions were lawful or not.

July 9, Strauss testified, nine men were found in the desert by a No More Deaths team.

"Three had medical conditions that could not be treated in the field and needed further medical treatment," Strauss testified.

"We had no backing to bring the (other six) people to Tucson legally," he said.

Those six immigrants were given food and water at a No More Deaths camp, Strauss said.

Sellz, a biology student, and Strauss, a sociology graduate, said they followed protocol by asking a nurse whether the three immigrants' conditions warranted evacuation to a clinic at South Side Presbyterian. They also got permission from attorney Bill Walker, who also is Sellz's attorney, to transport the immigrants.

Immigrants who are transported for medical reasons are treated and released in Tucson, Strauss said.

No More Deaths volunteer Margo Cowan, who is an assistant Pima County public defender, testified that meetings with Border Patrol officials to discuss the protocol were "cordial."

Testimony will continue Jan. 5 before Magistrate Judge Bernardo P. Velasco. The defense may call more witnesses and prosecutors will have an opportunity to present the government's side. If Velasco denies the defense motion, the case will go to trial.