TUCSON - U.S. Border Patrol agents are overstepping their authority to the detriment of both legal residents and illegal immigrants who cross the border, a number of people declared Saturday at a community forum in Tucson.
One of those who spoke about her run in with a Douglas Station agent was Maria Montes de Oca who said the Border Patrol law enforcement officer nearly hit her car last October and if there had been a collision there could have been an explosion that might have killed her, her boyfriend and the agent.
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Before she and others got up to talk about their experiences in the forum, sponsored by the Border Action Network, a group established to correct what they see as Border Patrol misuse of power, Montes talked with the Sierra Vista Herald/Bisbee Daily Review.
The Douglas resident was disappointed that the only elected official who sent a representative was Democratic U.S. Rep. Raul Grijalva. Organizers had invited U.S. Sen. John McCain, U.S. Sen., Jon Kyl and U.S. Rep. Jim Kolbe, all Republicans. Kolbe was holding a town hall in Douglas at the same time as the forum.
Also on the invite list were State Rep. Manny Alvarez and State Sen. Marsha Arzberger, both Democrats who represent District 25 in the Arizona Legislature.
Douglas Mayor Ray Borane and Michael Nicely, the head of the Border Patrol's Tucson Sector were also sent invitations.
To make a point about the absence of the federal elected officials and Nicely, Jennifer Allen, put up photos of McCain, Kyl, Kolbe and Nicely at the table set up for them.
Allen , the executive director of the Border Action Network, drew laughter from the more than 150 who attended the event when she said, "We'll put pictures up so you can see what they look like."
When Nicely's name was mentioned by her, there were murmurs of discontent and a few boos.
The object of the forum is to highlight the improper and illegal actions of the Border Patrol, Allen said.
"They (Border Patrol agents) continue to violate the rights of everyone," she said to applause.
There were a number of vignettes, some presented verbally and others written.
Eliseo Ochoa told of boyhood friend and his brother who were allegedly shot and killed by Border Patrol agents in two separate incidents.
He did not say where and when the reported homicides took place, but was emotional in telling his story.
He said his friend was shot and buried alive and his brother was shot and left in the desert and died.
Tucson Sector spokesman Rob Daniels said it is not true that the Border Patrol tries to stifle complaints.
"We encourage any individual or groups with allegations of abuse or mistreatment to come forward," he said.
It is better if the allegations are specific in nature and not general because specific instances are better investigated, Daniels said.
"When it is determined there was wrongdoing on the part of the Border Patrol it is dealt with no different than anyone else, to include criminal charges," he said, adding agents have been fired and prosecuted for abuses.
Other stories at the forum included the use of excessive force, racial profiling, abuse of power and, in Montes' case ,harassment because she wanted to file a complaint against an agent.
The incident that still causes her problems was when an agent did not stop for a stop sign and almost hit her vehicle.
She almost went off the road "to avoid being hit by him," the Douglas resident said.
She said she followed him and the agent finally stopped. She approached him and he denied he did not stop before entering the highway.
Not satisfied, Montes said she went to the Border Patrol's Douglas Station to file a complaint and the receptionist was unhelpful and would not take the complaint.
Sometime later the agent with whom she had a verbal encounter with earlier, entered the station and asked if her problem concerned him.
"I told him yes," Montes said.
She then asked the agent to come to her vehicle because he and the receptionist did not believe that if she had been hit an explosion could have happened.
The agent understood her concern when he saw Montes' boyfriend, who was recuperating from open heart surgery and had an oxygen tank in the vehicle.
It was then the agent apologized, Montes said.
But she said she isn't the only Douglas resident who has had run-ins with agents, "who think because they wear a uniform they are above the law," she said.
She said it is understandable when agents are driving to respond to a call but danger srises becasue most times they don't use their sirens or flashing lights.
Many people she knows are angry, and the anger is simmering because they don't believe their complaints will be heard and acted on, Montes remarked.
"They (agents) are not being safe with the public. They are going to kill someone," Montes said.
