Although the U.S. Border Patrol has yet to board any of Jefferson Transit's buses, the transit board voted Jan. 20 to seek additional legal counsel about providing information to its riders regarding their constitutional rights.
In November, the board - made up of Jefferson County commissioners and Port Townsend city councilors - directed General Manager Dave Turissini and his staff to research the rights of riders in the event of a Border Patrol check, and to draft a "safe haven policy" for the buses. The initial draft was later revised and reviewed by Jefferson Transit's attorney, Malcolm Harris, who viewed the wording as questionable.
"Malcolm was uneasy, not with the message, but with giving unsolicited legal advice," General Manager Dave Turissini said Jan. 20.
"Malcolm's job is to keep us out of trouble," he added. It's a line he advised the board not to cross. "I wish it was a lot cleaner to give you guys, but I do not have the legal sign off."
The drafted sign, which would be placed on Jefferson Transit buses, reads as follows:
"Jefferson Transit wants all riders to feel safe - regardless of their citizenship.
"If the Border Patrol or any other law enforcement agency boards the bus, Jefferson Transit drivers will cooperate with them to the greatest degree possible, while also respecting your rights.
"If an officer asks you about your immigration status and you have valid documents with you, show them. Otherwise, say that you wish to remain silent and/or you want to speak to a lawyer.
"These are your rights under the Constitution, regardless of your citizenship or immigration status."
City councilor Catharine Robinson shared a concern about appearing to give legal advice, but said she is in favor of providing information to riders.
She suggested rewording the sign to say "You may choose to show your documents" and "You may choose to remain silent" in order to broaden the language.
She also suggested allowing an American Civil Liberties Union-approved brochure or sign to be placed aboard the buses that outlines constitutional rights.
City Councilor George Randels disagreed with Harris, stating that it's unfair to have to choose between safety and ideals.
"I believe that Transit should stand up on this issue," he said. "I think it's certainly our obligation."
Additional personnel elevated Border Patrol monitoring and enforcement efforts on the Olympic Peninsula last year. The first highway checkpoint - when every vehicle was stopped - occurred in August 2008. The Border Patrol is tasked with working within 100 miles of the nation's borders.
While the top Homeland Security focus is to prevent terrorism activities, officers are also on the lookout for illegal immigrants or people with criminal records. No alleged terrorists have been caught at Olympic Peninsula checkpoints. Multiple people have been arrested on various charges, although some citations have been thrown out.
"So far our buses have not been boarded, but it could happen at anytime," Randels said of Jefferson Transit. He said he believes "from anecdotal experience" that some people are not riding the buses for fear of random checks.
"It's a loss to our liberty," Randels said. "If one person's liberty is undermined, all our liberties are undermined."
County Commissioner John Austin of Port Ludlow said he agreed with the public transit district's attorney and that it would make more sense to have ACLU provide a placard for the buses.
The board voted 4-1, with Austin in opposition, to seek further legal counsel from Harris as well as the ACLU and the Washington Municipal Research and Service Center.
Turissini is expected to present the staff's findings at the board's Feb. 17 meeting.
Reader Comments
Posted: Thursday, January 22, 2009
Article comment by:
We the people
It's strange how the most discriminating county in America pretends to care about it's people, then fires staff to conserve funds. Is this how you want your hard earned money spent?
Posted: Thursday, January 22, 2009
Article comment by:
Don Exelby
First of all, don't blame the officers. They are obeying regulations and directives that come out of Washington DC. And also demonstrations are not very effective. The government loves demonstrations because they give 'The People' a warm fuzzy feeling and require no response. Constitutionally based lawsuits or defenses are good, but take a long time with unsure results. A better way is to write letters to your congressional representatives about each questionable act, not just in general. "This happened on this date, why?" Be specific: Who, What, Where, When, How, and Why? These get referred to the Agency and have to be answered in very specific terms. That costs time and money, and that gets attention. The best way to change what the Border Patrol is doing is to study the regulations, review them to make sure they echo the statutes upon which they are based, and argue through your congressional representatives that they are wrong. I have seen this work a number of times. I have helped to make it work more than once. Change the regulations, and everything else will follow.
Posted: Wednesday, January 21, 2009
Article comment by:
Duane Albert
I welcome the border patrol at the port Angeles ferry dock and the border of Canada and the U.S. but anything more than that is harrasment..
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