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El Paso woman living in Montana detained by Border Patrol for speaking Spanish

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Mockingbird    2,309
Quote

 

In a video making the rounds on social media, a Border Patrol agent in the state of Montana detained an El Paso woman and her friend for speaking Spanish.

 

The video that surfaced this week has many questioning his actions.

 

It happened in the state of Montana and the woman who was detained was born in El Paso.

 

 "I needed some eggs and my friend needed some milk for her daughter and we decided to go there," Ana Suda said.

 

Suda, who was born in El Paso and raised in Ciudad Juarez, Mexico, says she and a friend were at a convenience store and about to pay for their items.

 

"I was next in line when I heard my friend say something in Spanish and then I looked and it was this Border Patrol behind me," Suda said.

 

Suda told ABC-7 the agent stopped them in their tracks.

 

"He asked where I was born, so I looked at him and I said, 'Are you serious?' He's, like, 'Yes, I'm serious,' but, you know, with a very authoritative voice," Suda said.

 

Suda said she asked if she could pay for her items.

 

"He's, like, 'No, give me your I.D.' I said, 'I will give you my I.D. and I will go and pick up my cellular phone because I'm going to record you,'" Suda said.

 

Suda did just that. She recorded the incident and asked the agent why she was being detained.

 

"M'am, the reason I asked you for your I.D. is because I came and saw that you guys were speaking Spanish which is very unheard of up here," said the agent who identified himself as Agent O'Neal.

 

"I was shocked. I was like, 'Just because I speak Spanish?' I was waiting for something else," Suda said.

 

[...]

 

http://www.kvia.com/news/el-paso/el-paso-woman-living-in-montana-detained-by-border-patrol-for-speaking-spanish/743977662

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DocM    13,996
Posted (edited)

 

Quote

Although most Border Patrol work is conducted in the immediate border area, agents have broad law enforcement authorities and are not limited to a specific geography within the United States. They have the authority to question individuals, make arrests, and take and consider evidence.

 

Which is 100% correct, and please remember that Montana is a border state which means the Border Patrol is more attentive.

 

Doesn't matter which border as people will go to Canada and come across its rather easier border to cross. We see it in Michigan all the time, which is why encountering Border Patrol is common here too.

 

And let's not forget the Millennium Bomber, who was planning to bomb LAX, was caught crossing into the US from Canada.

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Mockingbird    2,309
11 minutes ago, DocM said:

 

 

Which is 100% correct, and please remember that Montana is a border state which means the Border Patrol is more attentive.

 

Doesn't matter which border as people will go to Canada and come across its rather easier border to cross. We see it in Michigan all the time, which is why encountering Border Patrol is common here too.

  

And let's not forget the Millennium Bomber, who was planning to bomb LAX, was caught crossing into the US from Canada.

You should actually site a source.

 

ACLU would probably consider this to be abuse of authority.

 

https://www.aclu.org/other/constitution-100-mile-border-zone

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sidroc    1,194
Posted (edited)

From what I understand, border patrol has a 100 mile jurisdiction from the border. Was she within jurisdiction? Most Americans don't know it but you can be searched without cause within 100 miles of the US border and detained for questioning without what would qualify as cause otherwise by border patrol agents. But I am pretty sure that authority ends at the 100 mile mark. Was she within it? Article doesn't say. I get the feeling this is a perfectly legal stop. Canada has similar broad powers granted to the CBSA. 

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Jim K    10,126

So, speaking Spanish while buying eggs is "reasonable suspicion" ... awesome.  

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DocM    13,996
Posted (edited)
46 minutes ago, sidroc said:

From what I understand, border patrol has a 100 mile jurisdiction from the border. Was she within jurisdiction? 

 

It happened in Havre, MT. That's about 35 miles from the Canadiian border, well within the enforcement zone.

 

Only 3%* of MT residents are Hiispanic. 75%* of that 3% are US born, so unlikely to be speaking Spanish. 

 

* Wiki

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DocM    13,996
Posted (edited)
58 minutes ago, Mockingbird said:

You should actually site a source.

 

The quote I used was from the OP link. Don't you read your own sources?

 

As for how the border areas work, I've lived in a BP enforcement zone for 68 years. 

Quote

 

ACLU would probably consider this to be abuse of authority.

 

https://www.aclu.org/other/constitution-100-mile-border-zone

 

Again, from your source

 

Quote

The Fourth Amendment of the U.S. Constitution protects Americans from random and arbitrary stops and searches.

 

Correct, but non-citizens don't get most of those protections. The BP agent asked for her ID to establish her citizenship and thereby her status. 

 

If she drove to the store she'd have a driver's license, right? Instead of getting argumentative all she had to do was flash one and be on her way

Edited by DocM

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DocM    13,996
Posted (edited)
25 minutes ago, Jim K said:

So, speaking Spanish while buying eggs is "reasonable suspicion" ... awesome.  

BP agents only have a limited set of things they trigger off of; appearance, behavior and -tada- language.

 

Use a foreign language in an enforcement zone and yeah, you're going to get a second look. Get pissy about it and....

 

Better to just let them do their job and show your ID.

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adrynalyne    8,975
29 minutes ago, Jim K said:

So, speaking Spanish while buying eggs is "reasonable suspicion" ... awesome.  

I came from a friend’s house in Arivaca, AZ at night one time driving an Isuzu Trooper. That apparently was enough suspicion to get pulled over and questioned. Even got asked if I was a citizen....idiots. 

7 minutes ago, DocM said:

BP agents only have a limited set of things they trigger off of; appearance, behavior and -tada- language.

 

Use a foreign language in an enforcement zone and yeah, you're going to get a second look. Get pissy about it and....

 

Better to just let them do their job and show your ID.

LOL, you just told us all they can do is racial profile. Sounds about right even if that probably wasn't your intention. 

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sidroc    1,194
43 minutes ago, Jim K said:

So, speaking Spanish while buying eggs is "reasonable suspicion" ... awesome.  

Border patrol does not need reasonable suspicion for a stop. Things are different within 100 miles of the border. 

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DocM    13,996
Posted (edited)
23 minutes ago, adrynalyne said:

LOL, you just told us all they can do is racial profile. Sounds about right even if that probably wasn't your intention. 

 

I guess you'd have them stand around waiting for an illegal to walk up and self-identify? The only other option is telepathy, which so far violates physics.

 

Besides, not all illegals are of a different race - many in the Eastern US are European including Irish, and Canadians, who over-stay.

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+FloatingFatMan    15,040

So, how's living in a police state going for you guys?  Land of the free, my ass... :rolleyes: 

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adrynalyne    8,975
13 minutes ago, DocM said:

 

I guess you'd have them stand around waiting for an illegal to walk up and self-identify? The only other option is telepathy, which so far violates physics.

 

Besides, not all illegals are of a different race - many in the Eastern US are European including Irish, and Canadians, who over-stay.

I just find it hilarious that the BP has repeatedly stated that they don’t racial profile and here you are defending them saying they racial profile. The color of my skin or what language I use should not make me a target. LOL. 

 

Here is their own definition which you seem to applaud:

 

The invidious use of race or ethnicity as a criterion in conducting stops, searches, inspections, and other law enforcement activities based on the erroneous assumption that a person of one race or ethnicity is more likely to commit a crime than a person of another race or ethnicity.

 

https://www.cbp.gov/faqs/what-racial-profiling

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Jim K    10,126
37 minutes ago, adrynalyne said:

I came from a friend’s house in Arivaca, AZ at night one time driving an Isuzu Trooper. That apparently was enough suspicion to get pulled over and questioned. Even got asked if I was a citizen....idiots. 

LOL, you just told us all they can do is racial profile. Sounds about right even if that probably wasn't your intention. 

Pretty much this. Legal or not...

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adrynalyne    8,975
Posted (edited)
4 minutes ago, FloatingFatMan said:

So, how's living in a police state going for you guys?  Land of the free, my ass... :rolleyes: 

Meh it’s fine if you are white and only speak English. ;)

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Quillz    908
37 minutes ago, adrynalyne said:

Meh it’s fine if you are white and only speak English. ;)

Sad but true.

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macrosslover    439
Posted (edited)
1 hour ago, FloatingFatMan said:

So, how's living in a police state going for you guys? 



We can still learn a lot from the UK.  I think there's more to the story though.  These types of stories are usually one-sided initially until more information comes out.

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sidroc    1,194
3 hours ago, FloatingFatMan said:

So, how's living in a police state going for you guys?  Land of the free, my ass... :rolleyes: 

Just out of curiosity, what is the jurisdiction of your version of border patrol? I am utterly ignorant of how it works in the UK especially given how the EU convolutes it. I can tell you from experience (cross border all the time, in Canada right now in fact) that they have basically the same powers near the border as the US patrol does. 

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+FloatingFatMan    15,040
11 minutes ago, sidroc said:

Just out of curiosity, what is the jurisdiction of your version of border patrol? I am utterly ignorant of how it works in the UK especially given how the EU convolutes it. I can tell you from experience (cross border all the time, in Canada right now in fact) that they have basically the same powers near the border as the US patrol does. 

We don't have a border patrol, or jurisdiction boundaries.  We have police and customs & immigration officers. They work together and are national in scope. They don't have the freedom to stop anyone for any reason they feel like, and sure as hell are not allowed to profile people based on what language they're speaking.

 

It's important to remember though, that the UK is a tall but skinny country.  There is no point inland that is more than roughly 70 miles from the coast.  It's also far more densely and diversely populated than the US or Canada so your style border patrols just would not work here.

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DocM    13,996
Posted (edited)
8 hours ago, adrynalyne said:

Meh it’s fine if you are white and only speak English. ;)

 

HA! We're blue-eyed/blonde-haired white in exurban Detroit and have been pulled over, so no. 

 

BTW: Border Patrol checkpoints are also legal within 100 miles of the border, per the Supreme Court decision in United States v. Martinez-Fuerte.

 

Hell, when police agencies do gang raids here, or near Mexico, it's often a multi-jurisdictional task force; local, county sheriff & state cops, FBI, INS, and DHS. The gangs work across borders, hence the Feds.

Edited by DocM

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adrynalyne    8,975
Posted (edited)
7 minutes ago, DocM said:

 

HA! We're blue-eyed/blonde-haired white in exurban Detroit and have been pulled over, so no. 

 

BTW: Border Patrol checkpoints are also legal within 100 miles of the border, per the Supreme Court decision in United States v. Martinez-Fuerte.

 

Hell, when police agencies do gang raids here, or near Mexico, it's often a multi-jurisdictional task force; local, county sheriff & state cops, FBI, INS, and DHS. The gangs work across borders, hence the Feds.

First you say they can only go by racial profiling and now you say you’ve been pulled over by them. Get your story straight...

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DocM    13,996
15 minutes ago, adrynalyne said:

First you say they can only go by racial profiling and now you say you’ve been pulled over by them. Get your story straight...

 

Please get your facts straight, I Ididn't say only appearance. I said appearance, behavior and language. 

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adrynalyne    8,975
Posted (edited)
4 minutes ago, DocM said:

 

Please get your facts straight, I Ididn't say only appearance. I said appearance, behavior and language. 

Yup. Racial profiling. That’s exactly what you said they did. Then you said you as a white guy was pulled over. Do you just blindly defend law enforcement whether they are right or not? Sure seems like it. 

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Jim K    10,126
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"It is the policy of U.S. Customs and Border Protection to prohibit the consideration of race or ethnicity in law enforcement, investigation, and screening activities, in all but the most exceptional circumstances," said CBP spokesman Kris Grogan. "CBP is fully committed to the fair, impartial and respectful treatment of all members of the trade and traveling public."

Source

Maybe Kris Grogan should tell Agent O'Neal this ... unless speaking Spanish while buying eggs is "exceptional"?

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wakjak    10,222

Under this administration I'm not surprised that people are being arrested for speaking a different language than English. 

 

I mean hell look at that douchebag lawyer that got reamed 10 ways from Sunday, all because two people were speaking Spanish to each other. 

 

 

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