Dicks, Homeland Security spar over Border Patrol

In February, five months after the Border Patrol announced a more aggressive enforcement policy, the combination of checkpoints and bus boardings attracted the attention of U.S. Rep. Norm Dicks, D-Belfair.

“The national security value of this checkpoint strategy on public roads, inconveniencing hundreds of [legitimate U.S. citizen] motorists during each instance, is unclear to me and to my constituents,” Dicks, who represents the 6th Congressional District, which includes Clallam and Jefferson counties, said in a Feb. 9 letter to Secretary of Homeland Security Janet Napolitano.

“In addition, I received numerous reports from constituents of abrasive and insensitive treatment by Border Patrol agents, and a general view that some degree of ethnic profiling has been occurring,” Dicks continued.

Dicks was disappointed by the response, Chief of Staff George Behan said last week.

“The response did not acknowledge that the Border Patrol was going to conduct itself in any dramatically different way,” Behan said.

Profiling

Dicks said in his letter that the “suggestion” of profiling was a common thread.

“The most recent account is even more disturbing: Border Patrol agents boarding public and private buses operating in regular domestic service around the Olympic Peninsula, lacking any apparent probable cause, primary questioning riders about their citizenship.”

Dicks further referred to “rogue actions by agents with questionable jurisdiction largely resulting in arrests for routine immigration violations.”

In response, Chani Wiggins, Assistant Secretary of Homeland Security for Legislative Affairs, said in a March 20 response that the checkpoints “are an essential part of the strategic approach on the northern border.”

Those crossing the border make their way to transportation corridors — U.S. Highway 101 and state Highway 104 — where the checkpoints were set up, though the last was Sept. 9, 2008.

Referring to Section 287 of the Immigration and Nationality Act, Wiggins said the law also allows Border Patrol agents to board buses.

“These operations have proven to be both a deterrent and a barometer of smuggling activity, often validating our intelligence,” she said.

Wiggins said the agency realizes the activities may “inconvenience law-abiding persons” and relies on “the patience, cooperation and understanding of the public.”

Allegations of misconduct may be made by phoning 1-877-246-8253 [1-877-2-INTAKE], e-mailing Joint.Intake@dhs.gov or by faxing 202-344-3390, she said.

Dicks has suggested Homeland Security could make better use of its resources, Behan said, adding that “discussions are ongoing” between Dicks and Homeland Security.

“They are giving us the opportunity to bring specific complaints to the department.”

________

Staff writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.

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