APRIL 18, 2012
The Obama Justice Department is going after a San Diego-based U.S. Border Patrol agent for supposedly “kneeing and choking” an “unidentified alien” during a shift near the Mexican border over the summer.
Specifically, the feds are charging the agent, Luis Fonseca, for depriving the rights of the mystery illegal immigrant at the Border Patrol station in Imperial Beach California last July. Based on the Department of Justice’s account, a federal grand jury indicted Fonseca on a single charge of deprivation of rights under color of law. The charge, a civil rights violation, carries a maximum sentence of 10 years in jail.
The case is problematic for a variety of reasons, not the least of which is the government’s secrecy surrounding details. In the one-page indictment the illegal immigrant is identified only as “UA#1.” The document also claims that, as a result of the use of “unreasonable force” the undocumented alien sustained some kind of “bodily injury” yet no further details are provided.
Additionally, the grand jury indictment is dated April 12, 2012 which means the feds dragged their feet, probably because they knew it was a weak case. Fonseca was arrested on Friday during a shift at the Border Patrol’s Imperial Beach station and is currently on paid leave. He pleaded not guilty in federal court this week.
Here is why the DOJ is going after the particular agent, according to the federal prosecutor handling the case: “People detained at the border should be treated with human dignity and respect by federal agents. It is important for the public to know that the Department of Justice takes alleged civil rights violations seriously. We have processes in place to investigate and will take action where appropriate to protect those rights.”
Now the Department of Homeland Security Office of the Inspector General is investigating the matter. Perhaps when that report is finished, more information will be revealed to the public. For instance, the “victim’s” identity and the exact “bodily injury” that he or she supposedly suffered at the hands of the Border Patrol agent accused of committing the choking and kneeing.
The U.S. government has worked hard to protect illegal immigrants and their “constitutional” rights in the last few years. This has empowered them to file a number of lawsuits against local and federal law enforcement agencies for violating their rights. In Connecticut a group of illegal aliens sued the government for violating their constitutional rights during the operation that led to their apprehension.
In New York an illegal immigrant with a lengthy criminal record got a $145,000 settlement from the state for having his civil rights violated during one of his many arrests. In Maryland an illegal immigrant from El Salvador sued the sheriff’s department for unlawfully and unconstitutionally detaining her based on race and in California illegal aliens sued a city for banning them from seeking work on public streets.
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