I WAS HUMILIATED BY BORDER OFFICERS FOR NO REASON
I had many things going through my mind that day of my detention by U.S. Customs and Border Protection officials. I am 80 years old and an American citizen. I consider myself an environmentalist and care deeply about poor air quality as someone who suffers from chronic obstructive pulmonary disease (COPD). I live in Mexicali across the border from Calexico by choice because it is more affordable.
I often wondered what was causing such long lines and delays to cross the border in my car. On some days, it can take up to six hours. On holidays like Easter Sunday, it can take even longer. This is dangerous for someone like me sitting in the car breathing toxic fumes for such a long time.
So on April 19, 2012, I decided to take some photos once I crossed the border into the city of Calexico. I was standing at the Port of Entry facing the lines of cars waiting to get into the country. That was my purpose for the photos. There was no other motive.
My observations exposed the fact that secondary inspection is underused, and that’s why the lines are so long. Instead of sending border crossers to secondary inspection, the initial agents take too long performing their tasks. This backs up the lines needlessly.
I managed to take about four photos when I was approached by Customs and Border Protection (CBP) officers. I was handcuffed and dragged off to a small room inside the Port of Entry and searched by three male officers. It was a very uncomfortable search. They touched my genital area and my backside. They rubbed me and squeezed me like no stranger should touch another. I was not beaten in any way — that is not what I am suggesting. But I was subjected to their embarrassing search and questioned for about 40 minutes.
By the time it was over, they deleted all but one of my photos from my camera without explanation. I was angry and humiliated.
I contacted the ACLU. It agreed to file suit and we won. This lawsuit was never about money. It was about protecting the rights of everyday people. I want the U.S. Department of Homeland Security (DHS) to stop the abuses of its own citizens.
As part of the agreement, DHS was ordered to change signs at all the Ports of Entry letting people know they can record video and photos with their phones. I do not believe the department has done that. I do not believe that average American citizens know their rights about recording when they cross the border back into their own country.
Yes, we won the lawsuit, but my feelings are mixed. I spend almost 10 years fighting this lawsuit. I don’t feel like a meaningful agreement was reached. The First Amendment of the U.S. Constitution was violated. Federal judges for the 9th U.S. Circuit Court of Appeals agreed. But in my opinion, CBP did not take this agreement seriously, changing the verbiage on some signs and leaving other signs still unchanged.
Homeland Security is not above the law. It can’t keep playing on the ignorance of travelers and go on embarrassing people and causing ridiculous emotional stress on the public.