mexico, an estimated $80000.00 mexican fund. i don't have to help them with everything from where to go to what to say is one of the dedicated fan leaders. i provide the funds to make the compliance information from supreme kwame daylight to us and gone. they think that they can do it that way. they can read their requirements to enter and enter the country. i also organize events for mexico plans coming to the work of doing the work, of course, and cultural activation plan, engagement, communicate, engagement, and a lot of fun things organize. i say there's more than 400 fan leaders for more than 60 countries tooling gauge with band and help them get the most out of that time in cash. ah . to reserve these all the top stories in the party of pakistan's,

former prime minister, run con, has accused the prime minister, interior minister and head of the intelligence services of attempting to assassinate con, with shelter the leg. 3 approaches marshal thursday. government denies involvement . co hider has more from slumber. indeed, in hospital in stable condition. i've spoken to some of the people who are close to him, ron con, saying that he wanted to go home. and he was determined to continue with that long march. now it party leadership had denounced that day will be countrywide broadcast after friday. bred that these projects was continue until the demands are met. of course, the demands are calling for an early election. south korea's military has deployed fight to jet self to touch, see about 118 north korean war plains near the border. it follows a series of missile launches by pyongyang. the german chancellor has met china as president begging the visitors the 1st to china by g. several leaders. and to start

of the pandemic cheating, pink said the 2 should work together more for well peace and for economic development. hey, tease government says it has re taken that control of a major fuel terminal blockaded by armed gangs and september countries facing dar humanitarian security crisis. food and fuel are running short. tens of thousands of people have been displaced by growing gang violet residents of gamer. and democratic republic of congo are anxious as the on group m. 23 approaches to city. thousands of people have already fled, as the rebels continued to seize territory. air pollution in india's capital has reached dangerous levels. 40 primary schools to shut you, dallas air quality is not categorized as severe. most construction and demolition work has been stopped to curb dust pollution. layoffs at twitter is set to begin on friday. billionaire isla must be acquired the social media platform last week. it

up and to dismiss staff with some report suggesting half the workforce may go your to those headlines. more news coming up here on our desert right after we visit history. a weekly look at the world's top business stories from global markets to economies. and small businesses to understand how it affects our daily lives in ami dameion. 50 millionaires, counting the coast analogies you i think hi everyone, i'm josh rushing and you are in the stream. today we're talking about a legend. human rights abuses at the largest law enforcement agency in the united states, customs and border protection, or c p b. now, as always, look,

if you're watching this on you to live, you see that are over there. that little box, we have a live stream producer there waiting to get your comments to me so i can get them to our panel. so hey, let's do this thing together, right? ah, so this week the inter american commission on human rights will here for the 1st time ever a case against the u. s. law enforcement agency and the case involves a border patrols a legit torturing killing of a man in its custody. critic say the border patrol has operated with impunity for years, yet its size and power continue to grow to they will bring in snippets of our new fault lines documentary, impunity on the border which investigated what critics are calling cover up teams within the border patrol. adolescent me

around the whole issue are pretty much the teams coming out to do all the kind of stuff and i can't even get the one they teach you is you change them until the crown joining us to discuss today's topics, tre. guerrero, she's executive director of alliance, san diego. we also have reached jones from honolulu. he's a political geographer, an author of a great new book called. nobody is protected. how the border patrol became the most dangerous police force in the united states. and finally shot drake from el paso,

texas, is a senior policy counsel at the 8 c l. u. also i want you to know we did reach out to c p b and border patrol several times to invite them on the show and for comment or at least provide some kind of video comment. but unfortunately we got no response. so or andrea help set this up for me this week, the inter american commission on human rights. what is that? why is it so important at this time? the entire american commission is an international human rights body that has jurisdiction over the americans, including the united states, and it specializes in hearing allegations of human rights. we are bringing the 1st ever case to the commission in a hearing this week. the case of anastasio and under ro house versus the united states. and in that case, we are exposing the abuse and impunity that led to an associate death and has been

a systematic problem that has taken the lives of hundreds, perhaps thousands of people in this country. this cases and our effort to seek justice not only for on a fossil but to also seek policy reforms to keep this from happening. andre, i want to bring in honestly ceo's what maria here, but we have a bite from her and this is from the fall line show impunity on the border. we're going to put out a link to the show after this episode. if you guys want to go watch it, but here, check out what maria had to say. go full. i said what made them do that to human being. he was a human being. he was a person who just wanted to come back to his family. what happened to my husband isn't fair, was it isn't fair. they destroy the family. they left my children without their family and they killed him in the worst way enough amelia, they had on them on track. you briefly tell us what actually happened,

townhouse dos, you know, and why is it taking 12 years for to search for accountability for the family? well, honest asha was a long time resident of san diego. he had 5 children born here and partner maria li just saw and he wasn't able to get papers like millions of people in the united states. he didn't have a pathway to get legal status. and so when he encountered border patrol, they thought to deport him. they injured him in the process, he asserted his right to medical attention and they denied it. instead they they proceeded to be him torture him, shoot him with an electric taser various times. ultimately putting him into a positional a 60 ation until he stopped breathing. that was the abuse that was chapter one. avoided happens. chapter 2 began immediately after when border agents went up on to the bridge, the pedestrian bridge, where there were passers by and took their cell phone video race there. the footage

that they had taken of the incident, dispersed the witnesses, and over the next several weeks proceeded to do everything they could to cover up what had happened. we through this case, were able to piece together what exists in, in border patrol, which are cover up teams dedicated cover teams that have existed for more than 3 decades called critical incident teams. and it is through this case that we were able to expose their long standing work to obstruct justice as the largest law enforcement agency in the country. andre, i want to get to the critical incident teams, which is the real focus about bolt wines. documentary. i also want to get to the sense of impunity that you're talking about. the 12 years has been no accountability for what happened yet. tom starts you to get there though i think 1st for our audience we need to understand a little bit more about border patrol shaw. how does border patrol stand out

different than perhaps other law enforcement agencies? well josh border patrol is the largest law enforcement agency in the united states . like you mentioned, it has nearly 20000 agents that operate within mainly within a 100 miles down of any international boundary throughout the united states. c, v p as an agency has close to 60000 personnel. this is an agency that has tripled in size between the year 2000 and today both in budget and in personnel. and with that map, a massive growth has, has not come along. the type of accountability measures are internal oversight mechanisms that you would expect that any law enforcement agency, particularly one would such massive reach. and so throughout those decades, we've seen border patrol act in extremely abusive ways and faith 0 accountability for those actions. we saw border patrol,

use squash protests around the united states during the summer of 2020 when, when protest, black life matter. and george floyd protests across the country were faced by the deployment of border patrol. agents by night per unit said george floyd burial service, and the agents that kidnapped people off the street to portland, those were border patrol agents. and so the agency is massive, has massive reach, deploy technology and various types of surveillance across the border region with no accountability. and that's what we've unfortunately seen throughout the last few decades and certainly sense on a 30 day incident with on a thursday in 2010. now something you just said, i think blows people minds when they think about border patrol, they think about mostly the southwestern us, the border between the us and mexico. but you just said 100 miles anywhere of the border, which includes the coastline and incredible factors that include what like 2 out of 3 americans. and yet this law enforcement agency that has this incredible reach

seems to be playing by a different set of rules. reese, can you touch on that? yeah, absolutely. i think a lot of people, josh, are surprised to hear that the border patrol has authority in such a large area. 2 thirds of the u. s. population. many of the largest cities in the united states, several entire states including hawaii, where i lived, the entire state is in the border zone. and in that area, the border patrol has been given the special authorities that are different than regular police officers. and they, it a series of supreme court cases in the 1970 s that i detail in my book. nobody is protected and gave them lower standards of evidence compared to other police to the essentially have exceptions to the 4th amendment. all other police have to have a warrant. we're have to have probable cause to stop and interrogate a vehicle one road inside the united states. but in that 100 miles own, the border patrol has a lower standard of articulable facts of reasonable suspicion and case in

1975 at the supreme court laid out what those sorts of facts can be. and they're really broad. and they include rates, so the border patrol is allowed to do racial profiling in all of their work. they can use race as one of the factors to stop a vehicle on a road inside united states and at checkpoints that they set up within that 100 miles zone. they can use race alone as the only factor in deciding to send a vehicle to ex extra inspection. and so what we see with the border patrol is force that has these exceptions to the regular laws of the united states. and the result is an out of control agency that has very little accountability due to their work. they often work in very remote areas and it results in violations of the rights of american citizens and immigrants like white reese, i need you to expand on on that just a bit in the sense that normally in the media,

when we say law enforcement is using race and normally when we say that they are maybe stopping people without the right to, we're exposing that. but what you're actually saying here is that, oh no, this is known and it is constitutionally allowed. yeah, there are 2 different ways that this is an authorized for the border patrol. the 1st is in the supreme court cases in the 1970 s. there's been on a ponts in 1975, and then martinez where they in 1976. and both of those cases, the supreme court decisions says that the border patrol can use race as one of the factors when they are making decisions about giving extra cr scrutiny to a vehicle at a checkpoint or in a roving patrol. and this was reviewed in 2014 by the obama administration. eric holder, the attorney general at the time, reviewed racial profiling for all federal agents and officers. and they banned racial profiling from most of those officers. but there is an exception in

a footnote for immigration officials in the border patrol. so even the obama administration continued to allow racial profiling for the border patrol. and so that's, that's actually, that is actually a part of our our claim before the american commission that will be heard this week is that the systemic of use and impunity is motivated by racial animal. and i think it's important for us to understand you fundamentally what is wrong with with law enforcement at the border. and that is that the, the standard for use of flores is so low. it is a reasonableness standard that rece pointed to. well, that reasonableness standard is not the international human rights standards, the international human rights, and there is necessary and proportional. and what we have gone to the american commission to say is that the united states has violated its human rights violations. first and foremost because they have

a standard so low that the border patrol officers only need to claim that it was reasonable to kill torture on a star seal and that will exonerate them. that's exactly what happened. and that is why we have gone this international body. that standard must change, not just for the border patrol, but for all long for spent in this country. places like mexico directly incorporate the international human rights standard into their laws. united states does not even though they have signed on to treaty obligating them to follow the standard shock. where were you going to take? yeah, i'd also add that. i think one of the most stark, you know, examples of the way the principal is problematically, are playing out today and it's detailed in the documentary is, is within the vehicle pursued the way to border patrol, conduct vehicle pursuits within the particularly within the border region. we've

documented and found that the number of deaths resulting from those vehicle pursuits has gone up 11 fold in just 2 years. and this year will be the deadliest on record for people dying as a result of these, the deadly pursuits, the border patrol, operate again under near 0 transparency and accountability for their actions. and the case of detailed, in the fall line documentary is a really stark example of the way the consequences for a lack policy and a lack of oversight and accountability. the consequences are people dying and not, not just migrants who are fleet may be fleeing apprehension. it's also occurred to innocent bystanders, the u. s. residents, us citizens, and it's at the public safety issue and one that results really from that, that lack of regulation and oversight of the agency and its ability to conduct the type of racial profiling activities throughout the region. so sure, sure,

i want to, could you just for a 2nd, you brought up the crash down in new mexico, and this is in the fault lines documented documentary and p d on the puerto. you were actually able to obtain a report from the border patrols critical incident team. and that's special because i think that's the only report ever made public by one of these teams. can you touch on what you learned from that report? yeah, absolutely. we represent the mother of a us citizen who had killed in that crash and as part of our investigation on her behalf, we uncovered a border patrol critical incident team from the past, the sector team, it was the main team responding to collect factual evidence from the scene of the accident. the report is problematic to say the least it has multiple areas of inconsistencies, multiple gaps and information. one of those critical ones, the radio traffic suggests that the dan style vehicle took over the chase. yet the photographs of the proposal,

vehicles involved in the chase are not at the down there to the tv. they look like they've already been washed and cleaned and one of them is in a repair shop. there's no information about the chain of custody of that evidence. or how those pictures came to be within the report. and so just one example of the way that the reported is wholly inadequate. and it was conducted by border patrol agents who were under the same chain of command of the agents who were involved in the crash. and that was the main factual document upon which the office of professional responsibility, the, the internal oversight journal affairs agency who should have been investigating from the beginning is basing their investigation and basing their, their ultimate findings. and so it, it really demonstrates the reason why it's critical incident themes are highly problematic, both for the conflict of interest that exist just simply by their, their operation as well as just the be really shoddy and terrible investigation

practices that are demonstrated within, within that report for a lot more on that report, everyone continued to impunity on the borders. the fault lines episode, it's on youtube, you can look it up, you can find it on any of my social media. at josh, rushing, i have at linkedin pad, reese, one of the things we're talking about here is law enforcement. i've said it almost every one of you guys who said it, but when i talk to border patrol people, it seems like they, they think of themselves more as military or pair of military. and they see themselves as the sending america from what they call an invasion. just the semantics of that. are they law enforcement or are they military? are they defending the border or are they protecting the law? what's going on with that? yeah, josh, i think a lot of that changed after september 11th and the border patrol, reposition themselves in the aftermath of that event, as they think of as a frontline against terrorist infiltration into the united states. and they use that positioning to get a lot more funding. a lot more agents. as john mentioned,

the number of agents has tripled since since 2002 the, they do, they think of themselves as part of the military. they think of themselves as the front lines against terrorism and as kind of this military defense force at, at the border. but the reality is, the majority of the people that they're interacting with, historically, we're migrant workers who are coming to the united states to work briefly inside the country to contribute to the economy of the united states. and more recently, we see an even more need for humanitarian aid. at the border, we see people fleeing violence abroad. we're coming to the united states to apply for asylum, which is something that is completely legal to do. and so over the last few years, we've seen the mostly families at the border who are bringing children and are looking for shelter and protection. and so what we really need at the border is

more social workers, more people with the ability to process asylum claims, and people to provide aid to these desperate people in need. and, but instead we've decided to meet that with a high tech military force with the latest gear, from the battlefields abroad and redeployed inside the united states. and i think that we have here with the border agencies. is that regardless of how many they are, whether they were 100 agents or 20000 agents. these agents don't abide by international human rights principles. and they, and the border region are treated as an exception to the human rights norms and obligations, right. and so until and unless we, as a country recognize that we have obligations to protect and respect human rights for everyone. everywhere at all times,

there is no exception for the migrant. there's no exception for the black or brown american. there's no exception in the border region period, but what we have is a network of laws and policies that make exceptions. they, they exceptions to allow for racial profiling. they make exceptions to allow for warrantless search. it's, they make exceptions and every single way to treat migrants and the people living in the border region and traveling through it as lesser, that and that is the fundamental problem. and so the inner american commission is the 1st opportunity that we have to confront the u. s. government as a whole. this cases that we're carrying is not against individual agents. it's against the us government for a system that violates human rights every day of the year. and i just want to point out here, i want to share something off my computer. this is off of instagram from the southern border coalition. and is it more than 220 people have been killed in

encounters with cb p since 2010. so you have a high number of these kind of fatal encounters. and yet the fact i learned in reporting this episode is that no border patrol agent has ever been convicted of a homicide while in uniform. and is the sense of it? is that impunity? why and how? where does that? impunity come from? we have a video comment from someone in our community that i want to share. this is adam isaac in the isaacson. he's the director of defense oversight at walla, the washington office of latin america here. listen to this or criminal justice system almost never brings convictions against border patrol agents for cases or even homicide or manslaughter. even when prosecutors try, juries tend to find that it was a case of self defense or that you know that the agent didn't violate policy. internally, there is an office of professional responsibility. there is an internal complaints

office. there is a, an inspector general's office, but these all tend to be slow and responsive and, and often quite timid. the end result is yet, impunity is near total for border patrol agents in cases of human rights abuse. there is a desperate need for reform. right now shaw is our chair. was impunity near total for border patrol agents. yeah, unfortunately that, that absolutely accurate and, and the reason why is, as adam mentioned briefly, is that there is this unworkable, overlapping most de puzzle of internal accountability mechanisms within the department of homeland security that simply aren't getting the results that they, that they should say you have the, the office of inspector general, you have the author, the civil rights and civil liberties, and you have the office of professional responsibility just to give 2 quick examples. the office of professional responsibility can conduct factual

investigations, entities, death, or other incidents. looked at them for a 2nd that the critical incident teams aren't mucking up the evidence collection and, and factoring the outcome even if they report that an agent violated policy or law . those decisions on whether that agent is disciplined goes to sector leadership. it goes to the supervisors and bosses of the person who did the misconduct right. course, my boss know boss, no boss wants to be you know, admitting that the employees below them are conducting themselves inappropriately. all right, since about yeah, go ahead. i got about a minute and a half left in the whole show here. i wanna bring in a couple comments from youtube and race. i'm coming to you. this is a question for the panel. what do you suggest as an alternative for how the border patrols handling right now? i also want to say someone else that we need a border lives matter movement. reese, do we need a border patrol? i don't think we need a board official. the united states didn't have

a border patrol until 1924. so the border patrol is le, existed for less than a 100 years. and it was created in 1924 to enforce a racist law. the national origin quotas, they were based in eugenics. and so it's a, it's an agency founded in white supremacy, and it's an agency that is allowed to do racial profiling. and that has violent and racially unequal results in their actions. and so i would say no we, we don't need a border patrol, but if we were to think even at a scale of okay, we keep a border patrol, but we could scale it down. we don't need so many border patrol agents. and moreover, they don't need to be patrolling up to a 100 miles inside the united states. i rendered and 60 kilometers i've got and at their, by our people go to your book to get more on that they can go to fault lines and puny on the border. find out a lot more about this. again, we invited the border patrol to be a part of the show they declined to. i want to thank all of my guest andre, of rece shaw and you for joining us. see you next time on the stream.

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