Illegals sue Border Patrol over overcrowding, no legal reps

Monday, June 17, 2019
Michael F. Haverluck (

caravan 1Escalating the crisis of immigrants pouring over the United States-Mexico border, seven Central American illegal aliens are suing the U.S. Department of Homeland Security (DHS), claiming overcrowding at Border Patrol facilities and complaining about not having enough access to legal representation.

Specifically targeted in the lawsuit are a number of DHS officials, and the complaint demands the seven illegal border-breakers’ immediate release – along with numerous other illegals in the same situation.

“Petitioners were apprehended in mid-May at or near the U.S. Border with Mexico and subsequently detained,” the lawsuit states, according to The Monitor. “Once apprehended, such persons are often detained for extended periods of time – on information and belief, up to six weeks – in overcrowded holding cells, with inadequate food, water and sanitation facilities, where attorneys are not allowed to visit. The conditions in these holding cells are dangerous and inhumane.”

Breaking & entering, then demanding accommodations?

The seven plaintiffs – including three Guatemalans (Kevin Eduardo Rizzo Ruano, Jonathan Fernando Beltran Rizzo and Enerly Melitza Ramos), two Salvadorans (Jairo Alexander Gonzalez Recinos and Gerardo Henrique Herrera Rivera) and two Hondurans (Karen Vanessa Borjas Zuniga and Julia Elizabeth Molina Lopez) – filed their complaint shortly after a report indicating that facilities swelled over capacity with recent surges of Illegals breaking over the border.

“The litigation follows a report from a DHS internal watchdog that revealed ‘dangerous overcrowding’ at an El Paso Border Patrol processing facility – a facility designed to hold 125 detainees that held approximately 900 people during a two-day span in early May,” The Monitor noted.

But there is simply no space for the surge of immigrants, as bands of migrants strategically bombard the border.

“The number of illegal aliens flocking to the United States' southern border has overwhelmed Border Patrol resources,” Townhall reported. “Instead of seeking asylum like they have long touted, illegal aliens – primarily from Central America – now look for a Border Patrol agent, say they want to see an immigration judge and turn themselves in. They do this because they know of catch-and-release. They know the number of people flocking to the southern border has overwhelmed America's immigration system. Border Patrol agents are having to leave the actual border to help process those who have simply walked across the border.”

The Border Patrol facility in Brownsville, Texas, is the focus of the suit, which claims inhumane treatment of the seven, who were held for more than five days in a location meant to process illegal migrants over a period of hours.

“One of the biggest issues is the inhumane conditions – most of the facilities are short-term processing and holding centers – meaning they don't have showers, beds or adequate bathroom facilities,” Townhall’s Beth Baumann explained. “The illegal aliens have now coined the facilities as ‘hieleras’ – the Spanish word for freezers, because the facilities are small, concrete facilities with metal benches.”

Not knowing what else to do with the detainees, many Border agents have voiced the over-capacity situation to others, but federal resources cannot keep up with the demand.

During the Obama administration, a similar overcrowding crisis occurred.

“It was also one of the driving forces behind the immigration crisis in Murrieta, California, back in 2014, where illegal aliens were being flown in from Texas and dumped at a short-term drug processing facility,” Baumann noted.

Not securing the border with an impenetrable wall – similar to Israel and other nations – has resulted in maxed-out facilities that were never intended to accommodate caravans of migrants spurred by open-borders activists, with some illegals eating one sandwich per day and not showering for weeks – up to 40 days.

“They have been packed into overcrowded facilities and detained for weeks without adequate food and water, sanitation facilities, or access to counsel,” a lawsuit argued, according to Townhall. “Attorneys are not allowed to visit individuals detained at these facilities, so counsel have been unable to communicate directly with them, or obtain their signatures on G-28s – the forms required for counsel to be recognized as their attorneys by DHS.”

It is being argued that illegals are unknowingly giving up their rights as a result of being subjected to harsh conditions.

“Some detainees at these facilities have been so deprived of basic necessities that they have signed documents, the contents of which they are unaware, (but which most likely waive their rights under the Immigration and Nationality Act), involuntarily and without adequate screening regarding their fears of returning to their native countries and means of learning about potential lawful means of avoiding prompt removal,” the lawsuit obtained by Townhall reads. “Class members are unable to receive visits from legal counsel, are detained without adequate food, water, sleeping and sanitation facilities, and are often forced or coerced into signing documents – the contents of which they may be unaware – but which may relate to their voluntary departure or removal from the United States."

Swarming strategy to gain entry

Just like the illegal aliens desired from the get-go, if their suit is successful, they will be set free to roam the U.S. until their court date – if they ever actually decide to show up.

“The attorneys in the case want a federal judge to place an injunction against Border Patrol,” Baumann pointed out. “If the judge agrees, the federal agency would have to release anyone who has been held more than 72 hours – even if they don't have an electronic monitoring device.”

Unlike Democrats indicate, the poor conditions are by no means punishment or a political statement – border agents have nowhere to turn as pro-immigration politicians withhold money from building a much-needed secure wall.

“What's taking place isn't being done by choice – America's immigration system is so overwhelmed that ICE and Border Patrol agents literally have no idea what to do with the people,” Baumann stressed. “Every month, the number of detainees gets higher and higher, with record numbers continually being set and broken. Sadly, this isn't something that's going to be fixed until Congress gets their act together and gets serious about closing America's southern border.”

Unchecked immigration = unchecked diseases

 By withholding funds, immigrants, border agents and all American citizens are paying the price.

“It's time for Congress to put their money where their mouth is,” Baumann argued. “These conditions are spreading communicable diseases, [which] are spreading rampant amongst the detainees and it's eventually passed onto the agents – and guess what happens? They bring home those exact diseases to their families and their communities. It's why we're seeing measles outbreaks and other disease outbreaks in various parts of the country. This is literally a public health crisis.”

This border crisis is quickly turning into a national health epidemic.

“[A whistleblower said] Border Patrol agents are doing everything they can to weed out illegal aliens who are sick, but they're not properly trained to evaluate for communicable diseases,” Baumann divulged. “The agents don't have medical training, so they're having to guess which aliens are sick and which ones aren't. Illegal aliens who are sick slip through the cracks and are being flown and bussed to other Border Patrol stations throughout the country to be processed. It's why measles, mumps and chicken pox outbreaks are becoming more prevalent. The illegal aliens disperse throughout the United States, agents at other stations get sick, they bring it home to their families and it spreads.”

But there is little that susceptible Border Patrol agents can do in their contaminated holding centers – especially in the Lone Star State.

“Some Border Patrol agents in Texas are concerned about exposure to Ebola by a migrant fleeing the Democratic Republic of the Congo for the United States, [b]ut more of them are worried about other illnesses frequently popping up among detainees at stations across the southern border, according to union representatives,” the Washington Examiner reported Sunday. “Border Patrol’s holding facilities in the Del Rio and El Paso sectors, or regions, are inundated with sick detainees, as well as sick agents.”

National Border Control Council Vice President Jon Anfinsen – who represents 1,000 agents from 10 regional holding stations from Del Rio to Eagle Pass in Texas – said the number of infected migrants is unprecedented in his 12 years as an agent.

“Scabies, chickenpox – we had one case of the mumps here in Uvalde,” Anfinsen told the Examiner. “I wanna say we had measles – plenty of the flu, plenty of colds, body lice, just assorted, and some of these things, they spread like wildfires when you get into a cramped holding cell. It happens.”

Right now, many agents’ primary concern is their own health – so they don’t infect their own families.

“The continuous breakouts – in part caused by the overcrowded conditions in facilities and difficulty quarantining each sick person – are taking both a physical and mental toll on agents,” the Examiner’s Anna Giaritelli explained.

Migrant illnesses are attacking Border Patrol agents similar to a biological weapon.

“It’s not so much the workload – it’s the constant illnesses,” Anfinsen added. “We have a lot of agents who are sick. The other day, I talked to agents from four different stations, and every single one of them had a cough. I’ll go and I’ll help process. There was one day I spent processing, and we had like 40 Guatemalans and Hondurans, and most of them had some kind of cough, and sure enough, the next day, I’m sick – for a week. It’s become the new normal, and you gotta just keep going and do your job because you can’t just not process them.”

National Border Patrol Council Vice President Wesley Farris – who is an agent serving out of El Paso – emphasized that the breakouts only subside for a short time and they virtually never cease.

“It’ll go in waves – scabies, strep throat was the last one,” Farris told the Washington daily. “Strep throat happened at the Santa Teresa station [in New Mexico]. It was everywhere. Active tuberculosis comes in fairly regularly. We had an incident of H1N1, swine flu, in Clint [Texas] with a juvenile, and then the ones that are most disruptive are the simple ones – regular flu or lice.”

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