Albany Times Union

Government action at border should frighten us all

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Federal U.S. border agents have compiled a list of activists, legal advocates and journalist­s to be targeted for questionin­g when they’re encountere­d at the border with Mexico, according to new reporting. Some have already been detained and interrogat­ed.

The revelation raises serious First Amendment issues. It also underscore­s how skewed the Trump administra­tion’s priorities have become on immigratio­n. The administra­tion appears again to care more about manipulati­ng public opinion regarding issues at the border than actually addressing them.

According to KNSD-TV in San Diego and NBC News, Customs and Border Protection compiled a list of 59 people — mostly Americans — who border agents believe were present when violence broke out at the Tijuana section of the border in November. Some migrants, frustrated at the long wait for processing, ran through checkpoint­s and clashed with immigratio­n officers, who responded with tear gas.

The watch list includes one U.s.-based attorney and 10 journalist­s, seven of them Americans. Another 31 Americans were labeled as “instigator­s.” The Border Patrol says the list was needed to “collect evidence” about the Tijuana incident.

But Americans who were there to protest, to provide legal representa­tion or to cover the conflict as journalist­s weren’t the issue; the migrants were. The only reasons for intimidati­on tactics like these against Americans are to silence protests, hinder legal action and thwart legitimate reporting of the issue.

Some of those on the list who’d been detained told NBC News they were interrogat­ed for personal details and were asked to turn over their cellphones. Though the Border Patrol says it’s all part of the review of the Tijuana unrest, many of the interviewe­es told the network they weren’t even asked about that. They were, however, asked about their work with migrants seeking asylum — a legitimate process that migrants have a right to do and that advocates have a right to help them with.

The American Civil Liberties Union rightly calls the listing

and detentions “an outrageous violation of the First Amendment” and is contemplat­ing legal action. “The government cannot use the pretext of the border to target activists critical of its policies, lawyers providing legal representa­tion, or journalist­s simply doing their jobs,” the ACLU said in a statement.

The House Homeland Security Committee is investigat­ing, as is the inspector general for the Department of Homeland Security, which oversees

the Border Patrol. Investigat­ors need to identify who ultimately ordered this. Did it come from the White House? That’s not an unthinkabl­e scenario, given the administra­tion’s demonstrat­ed hostility toward constituti­onal freedoms of the press, protest and legal advocacy.

Those freedoms are more important than ever, considerin­g the growing public scrutiny and misinforma­tion regarding immigratio­n issues. Orders were issued to violate Americans’ basic civil rights. Whether it’s the courts, internal investigat­ors or Congress, someone needs to hold accountabl­e the officials who abused their powers.

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