TUCSON, Ariz. – Nine volunteer aid workers go on trial in Tucson this week for providing humanitarian aid to immigrants at risk crossing the Arizona desert.
The defendants, all volunteers with the nonprofit group No More Deaths, were charged in 2017 with misdemeanors for their activities in the Cabeza Prieta National Wildlife Refuge on the U.S.-Mexico border.
The group places jugs of water and other survival supplies for migrants in the refuge.
Officials say hundreds of people have died in recent year making the trek across the unforgiving desert terrain.
Justine Orlovsky, a volunteer with No More Deaths, says providing humanitarian aid to save lives should not be a crime.
"The reason that we provide aid in that corridor is because we have found and recovered numerous human remains – upwards of hundreds over the course of years – so, we see that there is a need there,” she states. “That means people are traveling on foot through Cabeza."
Orlovsky says No More Deaths is planning a rally outside the federal district court in Tucson, prior to the opening of the trial on Tuesday.
She says the nine volunteers were arrested by federal officers for violations such as leaving food and water in the refuge, driving the area without a permit and trespassing.
The U.S. Border Patrol maintains the volunteers' actions are illegal and enable migrants to illegally enter the country.
Orlovsky disputes the Border Patrol's accusations and maintains the charges are harassment against No More Deaths volunteers for their actions.
"We paid for permits to go on the wildlife refuge, but our folks are charged with abandoning property,” she states. “And that, of course, refers to leaving in water jugs, which is a misdemeanor.”
Estimates vary, but officials believe that at least 400 to 500 people have died in recent years attempting to pass through the desert refuge.
Orlovsky says hundreds of people volunteer to provide aid in the desert refuge.
"It varies depending on the month but, at any given time, including people local to Tucson and the Ajo area, somewhere in the 80 to 100 range,” she states. “So those numbers kind of fluctuate. We do have a consistent presence in the desert, year-round, so that takes some manpower."
The No More Deaths charter states that its goal is to prevent death and suffering along the Mexico-U.S. border. The group says its volunteers have faced similar charges in the past, but none of them was convicted.
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Advocates for immigrants are pushing back on a bill signed by Iowa Gov. Kim Reynolds in the last few days of the legislative session, modeled on a recent, controversial Texas law.
Senate File 2340 gives local law enforcement officers and judges the authority to deport undocumented immigrants.
Erica Johnson, executive director of the Iowa Migrant Movement for Justice, argued the bill is an overreach, and said Iowa law enforcement officers are not authorized to enforce it.
"This is a pretty clear intervention into federal territory," Johnson pointed out. "U.S. immigration law is governed by federal law."
Much like the author of the Texas bill, supporters in Iowa blame the Biden administration for failing to slow illegal immigration, so the state has decided to take matters into its own hands.
Johnson contended the bill and other anti-immigrant sentiment during the just-completed legislative session target the very people Iowa, with its dwindling population, will depend on for its future workforce.
"What we need is communities that are safe, where workers have access to dignified, safe workplaces," Johnson emphasized. "The truth of what Iowa's future could be depends on immigrants and immigrant workers in our state, and unfortunately, this law could take us back, away from that possible future. "
Johnson added her organization will pursue legal ways to block the bill from taking effect in July.
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The future of Senate Bill 4 is still tangled in court challenges. It's the Texas law that would allow police to arrest people for illegally crossing the border. But groups are speaking out about the impact of "Operation Lone Star" on the youngest migrants. Governor Greg Abbott continues to bus migrant families to other states, many with young children - more than 100,000 families so far.
Robert Sanborn, CEO of Children at Risk, works to improve the quality of life for boys and girls in Texas, and contends the policy has put trauma on top of trauma.
"We never want children to be political pawns. We don't want maximum chaos on the backs of children. We want children to grow up and be assets for our community," he contended.
Sanborn points out that 2.2 million children in Texas are immigrants, and said it would be less stressful for kids if families were not bused in the middle of the night, and if they were allowed to pick their destination.
When immigrants arrive at the border, they are evaluated to determine if they're eligible for asylum.
Beatriz Zavala, clinical coordinator at El Paso-based Humanitarian Outreach for Migrant Emotional Health, or "HOME," said the children in this situation are at higher risk for mental health disorders.
"What is particularly troubling is the profound disregard for the stability and protection these families need. The impact on their mental health is undeniable. These are not just statistics. These are children, real children," she said.
As part of Operation Lone Star, families have been bused to Chicago, Denver, Los Angeles, New York City, Philadelphia and Washington D.C. The governor has said the practice is needed to keep the Texas-Mexico border safe.
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Legislation in Albany would create the first right to counsel for people in immigration court.
The Access to Representation Act would provide immigrants the right to an attorney in their New York immigration cases, ending the tendency to represent themselves if they cannot afford one.
Estimates show a backlog of more than 330,000 immigration court cases, and fewer than half have attorneys. Studies show without legal counsel, migrants are less likely to remain in the U.S.
Marlene Galaz, director of immigrant rights policy for the New York Immigration Coalition, described what the bill would do.
"It has a six-year ramp-up to start implementing and building infrastructure," Galaz outlined. "Having a pipeline between law schools for law students to go into immigration practice, and getting to nonprofits and so on."
Galaz noted most opposition centers around the $150 million to fund the program but pointed out the total expenditure is less than 1% of the state's $229 billion budget. She added anti-immigrant rhetoric has also damaged support for the bill. Currently, it is in the state Senate Finance Committee.
The New York City Comptroller's office said enacting the bill would benefit the state financially. It could keep about 53,000 people from being deported, which would result in almost $8.5 billion in local, state and federal taxes over the next 30 years.
Galaz emphasized the influx of migrants has saturated the court system, leading to what could have been an avoidable backlog.
"I firmly believe that if these investments had been made when we first asked for them, I believe, like, three years ago, then we wouldn't be struggling," Galaz contended. "We would have had the infrastructure built to address an increase in welcoming our newest neighbors."
A Vera Institute survey showed 93% of New Yorkers across party lines and regions support access to attorneys for all people, including those in immigration court, and government-funded attorneys for them.
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