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Jim McEntire

home : news : news September 02, 2010

2/4/2009 7:04:00 AM
Border Patrol criticism emerges: Sheriff Brasfield declines BP funding

Click on the links below to view the documents mentioned.

Sheriff's letter to Border Patrol in 2009

Border Patrol response to Sheriff in 2009

Democrat resolution on Border Patrol in 2008
Sheriff statement in 2008


By Allison Arthur of The Leader


Resistance to expansion of the U.S. Border Patrol's presence in Jefferson County is mounting.

Jefferson County Sheriff Mike Brasfield has declined an invitation from the patrol to seek federal funds, saying language in the Operation Stonegarden proposal describing illegal aliens as "criminal aliens" and requiring agencies to detain and turn over people to the patrol "makes the overall document unacceptable."

While Brasfield may be the only elected official in the Blaine Sector - which encompasses the western stretch of the northern U.S.-Canada border in Washington - to say "no thanks" to the Border Patrol, Brasfield is not alone in Jefferson County in questioning the patrol's activities.

Petitions are circulating calling on the Border Patrol to stop checkpoints on highways and ferry terminals and opposing patrol activities that "abuse our civil liberties, waste physical and financial resources, and do not enhance border security."

Hundreds of people have signed the petitions, which are being circulated by the Port Townsend Peace Movement.

And a coalition of community activists, church members and others have formed what they are calling the Border Patrol Free Coalition to educate people about their constitutional rights on searches and seizures.

"We're trying to create a model to mobilize more people in the state and take it national," said organizer Cindy Wolpin.

The coalition also is launching a toll-free Border Patrol Incident hotline number in Jefferson County - 877-475-6138 - to report incidents with the Border Patrol in Jefferson County. A website, bpfree.org, is planned to debut as well, according to organizers.

People who call the hotline will be connected to the coalition, and people associated with the coalition will be dispatched to take detailed reports of incidents, including the names of agents, whether weapons were used, who was detained and where detainees were taken.

Yellow and pink calling-card-sized cards with the hotline number and information on how to respond when stopped also are circulating in Jefferson County. The cards are printed in both English and Spanish.

And that's not the end of it.

Jefferson County Democrats passed a resolution Jan. 28 calling for a suspension of expanded Border Patrol activity until the "utility, legality and constitutionality of this expansion has been determined by the Congress and the courts."

Democratic Party Chairman Matt Sircely said the Border Patrol's activities raise concern about racial profiling and infringements on the jurisdictions of local law enforcement agencies.

Sircely noted that Jefferson County Democrats are the first county party organization on the northern border to issue a response to the growing presence of the patrol.

"Any program that erodes the U.S. Constitution while wasting precious resources targeting civil violations in the name of security inherently makes us less safe," Sircely said.

Jefferson County commissioners are looking at writing a resolution of their own.

County Commission Chairman David Sullivan, D-Cape George, said Tuesday he has talked to Congressman Norm Dicks and Sen. Patty Murray and "they are concerned too about the appropriateness of the Border Patrol's activities."

Sullivan said he is concerned that the border patrol's activities could have an impact on local policing activities, instilling anxiety on the part of people who are in the country legally.

"Even if they [immigrants] are here legitimately, they're nervous, and that's not good for our community," Sullivan said, adding that the Border Patrol's presence may also impact tourism and make the small county seem less friendly to both residents and visitors.

Brasfield's letter

While Democrats have passed a resolution calling for an evaluation of the Border Patrol's efforts on the Olympic Peninsula, Sheriff Brasfield wrote Chief Patrol Agency John C. Bates of the Blaine Sector a strongly worded letter Jan. 12 declining to apply for a share of $60 million, which funds a program called Operation Stonegarden under the Department of Homeland Security.

In the letter to Bates, Brasfield notes that the Olympic Peninsula does not have a land border with a foreign country and does "not actually have an international boundary" but was invited to participate in Operation Stonegarden anyway.

Brasfield, declined, he said, because participating agencies must agree to detain illegal aliens and turn them over to the Border Patrol.

He added that he realized receiving "free" equipment - such as laptop computers, patrol boats and radio towers - "are strong inducements to participate for local cash-strapped agencies."

Nevertheless, Brasfield went on to voice support for a strong "meaningful federal law enforcement" and noted the county has two points of international entry - the Port of Port Townsend and Jefferson County Airport - "neither of which has a full-time or part-time federal staff presence."

"The air and water resources provided to prevent unlawful entry to our shores are inadequate. The support from traditional law enforcement partners such as the FBI have been diluted and redirected," Jefferson County's top elected law-enforcement officer noted.

Ultimately, Brasfield said, "The requirements imposed by the Border Patrol to receive the money are not relevant to the sheriff's office primary mission, and that is to say we have limited personnel resources and we don't have the time to pursue what would amount to misdemeanor civil workload that is the responsibility of the Border Patrol."

Brasfield also said later that if the sheriff's office or Port Townsend Police Department engaged in checkpoints, which are illegal in the state, there likely would be an outcry from the community.

And speaking of community, Brasfield, who has 41 years of law-enforcement experience, said: "Based on my experience in diverse, multicultural communities such as Fort Lauderdale, it's imperative that residents, regardless of their background, feel comfortable partnering with police. Anything that interferes with that free communication with law enforcement and community does not serve either law enforcement or community well."

Patrol's response

When asked for details on Operation Stonegarden, Border Patrol spokesman Mike Bermudez initially said a copy of the grant agreement could be obtained by submitting a "request for public disclosure."

The Leader did that on Monday, and Brasfield sent The Leader copies of documents with Whatcom and Clallam counties that talk about Operation Stonegarden funding being used to enhance the border of Western Washington through the 2010 Olympic Games in Vancouver, B.C.

The documents also say there are no specific terrorists threats at the time in Clallam County but that there are organizations likely to engage in acts of terrorism within Vancouver, B.C.

"The main focus of the Operation Stonegarden plan will be the enforcement of Washington state law in each agency's jurisdiction and the denial of entry avenues, egress routes and transportation hubs to criminal organizations seeking to smuggle narcotics, humans and possibly terrorists and/or their instruments," the document with Clallam County says.

After The Leader obtained the documents, Bermudez said the documents Brasfield gave The Leader were "not publicly discloseable documents" and he asked The Leader to "respect our designation of sensitivity."

The Leader asked several times what was sensitive about the proposed grant applications with the two counties, and Bermudez repeated his assertion that an attorney had deemed it "law-enforcement sensitive."

Asked whether Brasfield was the only official in Western Washington to turn down federal funding, Bates, chief of the Blaine Division of the Border Patrol, said he didn't see Brasfield's letter as "a case of turning us down.

"The funds are out there. We educate the law enforcement. They partake based on their desires. Most of the law enforcement in our area are partaking," Bates said.

City response

While Jefferson County commissioners are planning some sort of resolution, and community activists are joining hands with the American Civil Liberties Union to press forward with a petition drive, the City of Port Townsend continues to monitor what's going on.

Mayor Michelle Sandoval, who helped facilitate a community forum in November to educate people about the Border Patrol issue, said Tuesday that community concerns haven't come before the full City Council yet for any action, but she expects they might.

Personally, Sandoval says she is concerned about what's happening.

"What I find remarkable is that on Jan. 1 the United States signed an agreement with Iraq that outlawed search and seizure and random checkpoints," Sandoval said. "Yet 100 miles from any border in the United States by virtue of the Patriot Act, this is legal in this democratic society. I find that to be a remarkable juxtaposition."



Wilder Nissan

Video

Terrorism and Border Control from The Leader on Vimeo.

Kaj Ahlburg of Port Angeles, Wash., who witnessed the terrorist attacks of Sept. 11, 2001, in New York City, spoke to the Port Townsend Kiwanis Club about Islamic terrorism. Ahlburg received a law degree cum laude from Harvard University and worked as an investment banker. Literature he distributed during his visit to Port Townsend came from the David Horowitz Freedom Center. The center's stated mission: Defend America's free society through educating the public to preserve traditional constitutional values of individual freedom, rule of law, private property and limited government. Video by Patrick J. Sullivan.



Reader Comments

Posted: Wednesday, February 11, 2009
Article comment by: Don Exelby

I know that a lot of people don't think that this problem is getting any attention in Washington DC, but I have heard that just before he left office George W Bush was told, "Mr. President, the people of the Olympic Peninsula are revolting!" To which he replied, "Yeah, I think so too."

Posted: Wednesday, February 11, 2009
Article comment by: Don Exelby

On the way home from the Casino on Saturday nights I like to take it slow, under 40, and open the back windows so the dog can enjoy the ride. It's her part of our night out, and she really enjoys sticking her head out the window.

Unfortunately that got the attention of a State Trooper the other night. He said he didn't pull me over for going too slow, but because I crossed the center line when I went past him on the side of the road. I told him I was just giving him some extra room since there was no one coming the other way.

I also told him I wasn't drunk, and would appreciate skipping "The Clown Dance" and going straight to the breathalyzer. I mentioned that I had my own breathalyzer in the car and would appreciate an opportunity to compare the results. (I had actually been hoping he would pull me over for that purpose.)

He said no, we really did have to do the Roadside Sobriety Test, and would I please get out of the car.

That is very embarrassing, standing on the side of the road performing ridiculous exercises while all of the people I was just partying with slowed down as they passed to get a good look. The only consolation was knowing that some of them were drunk as skunks and could get past the Trooper without a DUI because he was busy with me.

After failing the Roadside Sobriety Test horribly, because I had had a few beers, along with being tired from dancing, as well as old age and infirmity, the Trooper finally consented to giving me the breathalyzer examination. I must confess that my eyes bugged out like a frog's when 11 popped up on the display, and I exclaimed, "That's impossible. I only had three beers!" But I was relieved when he pointed out that it said .011 and not .11. Whew!!! I nearly had a heart attack.

The good news was that I got a chance to try out my new breathalyzer, which I got from Heartlandamerica.com, and compare its results to the official .011 that the Trooper came up with. Mine had me down for .02, but it only shows two digits past the decimal and probably rounds up. That's also why I freaked when I saw the 11, because I'm used to using a unit that only has two digits past the decimal. The moral of my story is that even though I was completely innocent, and it may appear that I was unduly harrassed, the Trooper was just doing his job following the procedures that he has been ordered to carry out. Its the same with the Border Patrol. Congress makes and changes the laws. Don't fight with the Border Patrol. Take it to the Congress, they are the people who are endangering your civil rights. Demonstrations and petitions require little or no response. It only takes one short and meaningless letter to answer a petition that took hundreds of hours to assemble. Get as many people as you can to write to our congressional representatives about each and every occurrence to which you object and demand to know why they are doing this. Personally I don't mind, and I agree with what the Border Patrol is doing, but if you don't like what they are doing then that is what you should do about it. Its your First Amendment right to seek redress of the government, so go for it.


Posted: Tuesday, February 10, 2009
Article comment by: Skip Knudtson

Mr. Washburn and Mr. Donahue as well as Mr. Dost sum it up quite well. Now Pat Portes brings up an interesting quandry the resolution he brought forth says "citezens of Port Townsend". I'd like to point out that Illegals AREN'T citizens of P.T. They live there, (illegally), but they cannot be citezens of ANYWHERE in the U.S. until they go through channels, and become first citezens of the United States. But they won't do it because most of them don't want to pay our taxes, pay for their own healthcare, or pay anything for that matter. Instead, they would rather that you and I pay their way, and all of the expenses they accrue. OUR citizens (of the U.S.) can't even get the quality of benefits we hand-deliver to the illegals! Does nobody see the problem here?!? I also agree that if an elected official refuses to do his/her job, they need to be working somewhere else, and REMOVED from office. And what other illegal acts does he look the other way from? Drug activity? Drunk driving? Shootings and rape? Something needs to be done, both with the Sheriff, and the illegals.

Posted: Sunday, February 08, 2009
Article comment by: Alex Hepler

Is the threat addressed by the Border Patrol coming from the Northern or Southern border?

Most people respect law enforcement professionals-internal, suspicionless checkpoints are the least respected of law enforcement tactics.

This is not about bashing the Border Patrol or being anti-law enforcement. Washington is one of 11 states that do not allow DUI Roadblocks.

Our various local law enforcement agencies do not conduct roadblocks- this is what we expect here.

The desire to govern ourselves should count for something.

Here at home, US citizens are not required to carry proof of citizenship. The standard driver's license does not prove citizenship- so how does a verbal citizenship check (Honor System) stop a terrorist?


Posted: Sunday, February 08, 2009
Article comment by: Pat Porter

In 2003 Port Townsend City Council passed this resolution.

RESOLUTION NO. 03-017


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AFFIRMING THE CITY'S COMMITMENT TO PROTECTING THE CIVIL RIGHTS AND LIBERTIES OF ALL RESIDENTS OF THE CITY OF PORT TOWNSEND

WHEREAS, City of Port Townsend, Washington, has a long and distinguished history of protecting and expanding the civil rights and civil liberties of its residents and affirming the fundamental rights of all people and

WHEREAS, the residents of City of Port Townsend wish to honor the memory of all those who died as a result of the September 11, 2001, attacks and

WHEREAS, the City of Port Townsend has a diverse population, including students, working and retired citizens, and non-citizens, whose contributions to the community are vital to its character and function and WHEREAS, the United States Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) and WHEREAS, many provisions of the USA Patriot Act, the Homeland Security Act and other related Federal and Executive Orders and measures may limit the civil rights and liberties of the residents of City of Port Townsend, including those who are immigrants, by potentially: A. Reducing judicial supervision of telephone and Internet surveillance
B. Expanding the government's power to conduct secret searches without warrants
C. Granting power to the U.S. Secretary of State to designate domestic groups, including political and religious groups, as ""terrorist organizations""
D. Granting power to the U.S. Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime
E. Granting the Federal Bureau of Investigation (FBI) access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime
F. Granting the FBI the power to compel libraries and bookstores to produce circulation or book purchase records of their patrons, and forbidding disclosure that such records have been requested and produced and WHEREAS, a nation engaged in or preparing for foreign wars must do everything in its power to lessen fear at home and reinforce constitutional protections for those who in wartime may be victimized and WHEREAS, the Bill of Rights of the United States Constitution and the Declaration of Rights of the Constitution of the State of Washington guarantee all people living in the City of Port Townsend freedom of speech, assembly and privacy equality before the law and the presumption of innocence access to counsel and due process in judicial proceedings and protection from unreasonable searches and seizures and WHEREAS, the preservation of civil rights and liberties is a pillar of American society and is essential to the well-being of our republic and its democratic processes, particularly during times of conflict when such rights and liberties, especially those of immigrants and ethnic minorities, may be threatened, intentionally or unintentionally, under false pretense of national security or patriotic zeal and WHEREAS, the residents of the City of Port Townsend denounce terrorism, and acknowledge that federal, state, and local governments have a responsibility to protect the public from terrorist attacks, and should do so in a rational, deliberative and lawful fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing upon civil liberties and WHEREAS, law enforcement and security measure that undermine fundamental rights do irreparable damage to U.S. institutions and values of equal justice and freedom that the residents of the City of Port Townsend hold dear and WHEREAS, the Federal Administration is moving to pass a Second USA PATRIOT ACT also known as the Domestic Security Enhancement Act of 2003 that usurps more rights than the original USA PATRIOT ACT which would provide for the presumptive denationalization of American citizens who support the activities of any organization that the executive branch has deemed "terrorist " and WHEREAS, the City of Port Townsend believes that there is not and need not be conflict between security and the preservation of liberty, and that residents of this City and this nation can be both safe and free and WHEREAS, the City of Port Townsend has been and remains, committed to the protection of civil rights and liberties for all citizens of the City of Port Townsend and WHEREAS, the City Council of the City of Port Townsend believes that a threat to any person's Constitutional rights is a threat to the rights of all and WHEREAS, at least 127 cities and counties in more than 20 states, including major cities such as Seattle, Chicago, Philadelphia and Detroit have enacted resolutions reaffirming support for civil rights and liberties in response to the USA Patriot Act and subsequent government policies and laws that threaten these values, demanding accountability from law enforcement agencies regarding their use of these new powers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend, Washington, that we:Will vigorously resist any unconstitutional acts against the City of Port Townsend's citizens, including invasion of privacy, expanded surveillance, and denial of due process that may come from the application of the Homeland Security Act, related Executive Orders and by administration of the USA Patriot Act.Affirm the rights of all people, including United State citizens and citizens of other nations, within the City in accordance with the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution.Affirm the City of Port Townsend's strong support for fundamental constitutional rights and its opposition to federal measure that infringe on civil liberties.Call upon all City officials and employees to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations.Call upon all private citizens, including residents, employers, educators, and business owners, to demonstrate similar respect for civil rights and civil liberties.Request that the City of Port Townsend Police Department continue to protect residents' freedom of speech, religion, assembly and privacy rights to counsel and due process in judicial proceeding and protection from unreasonable searches and seizures. Support the City Library system in its efforts to protect the free speech rights of library patrons.Affirm its strong opposition to terrorism, but also affirms that any efforts to end terrorism should not be waged at the expense of essential civil rights and liberties of the people of the City of Port Townsend and the United States. Request that Federal and State law enforcement officials acting within the City not engage in or permit detentions without charges or permit racial profiling in law enforcement. Request that the U.S. Attorney's Office and the Office of the Federal Bureau of Investigation regularly and publicly disclose the extent to and manner in which they have acted under the USA Patriot Act, new Executive Orders, or COINTELPRO-type regulations, including public disclosure of the names of any detainees. Request that our United States Congressman and Senators monitor the implementation of the Act and Orders cited herein and actively work for the repeal of the parts of that Act and those Orders that violate fundamental rights and liberties as stated in the Constitutions of Washington States and the United States of America. Direct the City Manager to provide copies of this resolution to the City's U.S. Congressional representatives, the United State Attorney General, and the President of the United States. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this sixteenth day of June, 2003.


Posted: Sunday, February 08, 2009
Article comment by: Leon Donahue

What is it about the Rule of Law that the people of Jefferson County and the Sheriff don't seem to comprehend. Being in the country illegally makes you a criminal. The Sheriff has no right to pick and chose the laws that he will or will not enforce. He took and oath to uphold all laws and that means city, county, state and federal laws, all inclusive. Stop pandering to illegal aliens and do your job.

Posted: Saturday, February 07, 2009
Article comment by: Eddie Dost

I am grateful for the border patrol's service to this country and I think Sherriff Mike Brsafields response only reflects the small liberal views of some of Port Townsends liberal left. It is hard to believe that a sheriff elected to protect us from illegal activities would take such a stand. Shame on you!
We currently have 12 million American families out of work, we legally allow approximately 2 million foreign workers into our country and it is downright unacceptable to allow over 1 million more to come here illegally and take jobs away from American families in need. We are more than generous, particularly in these troubled times, for allowing 140,000 foreign workers into this country every month. Despite our kindness there are those who claim we do not do enough. I say enough is enough.


Posted: Saturday, February 07, 2009
Article comment by: Hal Washburn

I'm very glad that Border Patrol is here and is doing its job.
The anger of some local residents is misdirected.
They should be hounding the politicians who let the problem of illegal immigration get so out of control in this country.
If the sheriff doesn't like enforcing the law, perhaps he should look elsewhere for employment.


Posted: Saturday, February 07, 2009
Article comment by: Frank Kelley

So let me understand this. A “good american” gives up our Fourth Amendment liberties and uses our grandkids money to troll Port Ludlow for terrorists and immigrants?

The Leader did some good work on this article but you should include a response from our elected representatives instead of some propaganda from the “David Horowitz Freedom Center.” What proof does he offer that Venezuela offers credentials to known terrorists? I have always respected that the Leader doesn’t edit or censor editorial views, but come on.


Posted: Friday, February 06, 2009
Article comment by: John Steveley

I would like to thank Sheriff Brasfield for his patriotic stance on this matter.

If random checks of traffic by the border patrol is appropriate, then why stop there? Why not random checks of houses? If we feel safer knowing that the border patrol is checking highway traffic, wouldn't we feel even safer having them stop us while we exit a grocery store, or come onto our property or into our places of employment and ask to see our birth certificates or passports? How about while walking on a beach? They could think we may have just come ashore illegally.

I have no problem with the border patrol manning the border. That's why we pay them. It's having them delay us while going about our daily business nowhere reasonably near an international border that is so wrong. That is not what America is about.



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