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April 6, 2008

ACLU Community Forum To Focus On Human, Civil Rights On The Border

Filed under: Illegal Alien, U.S. Security, State & Local, Texas, United States News — Administrator @ 3:57 am

http://www.brownsvilleherald.com/news/rights_85433___article.html/civil_border.html

The American Civil Liberties Union of Texas will hold a community meeting Thursday in Brownsville to discuss human rights and civil rights issues on the border.

The event is co-sponsored by the Coalition of Amigos in Solidarity and Action (CASA).  Border residents are urged to attend the meeting to voice their concerns about the border wall, immigration detention centers, and collaboration between local law enforcement officers and the Border Patrol, among other issues.

“We really want to hear from border residents about what worries them, what issues are important in their communities,” said Rebecca Bernhardt, Director of Policy Development at the ACLU of Texas, “and what they want for their communities in the future.”

The meeting will include “Know Your Rights” training about residents’ legal rights in law enforcement encounters, and attorneys and other advocates will be available to answer questions from community members.

“This information is important for residents so they know what to do when they are approached by police officers or border patrol officers in their homes, in their cars, and on the street,” Bernhardt said.  “They will learn what law enforcement constitutionally can and cannot do.”

CASA member E. Elizabeth Garcia said CASA is getting complaints from community members that during routine traffic stops police officers are asking about their immigration status.

“Many in our community live in fear of being targeted and subjected to invasive, inappropriate questioning,” Garcia said.  “For this reason, we want to provide community members with an opportunity to discuss their experiences as well as information on how to handle these types of incidents.”

The meeting will be held at 7 p.m. at San Felipe de Jesus Church, 2218 Carlos Avenue. Dinner and refreshments will be provided.

April 5, 2008

Brothers Indicted In Alleged Immigration Scheme

http://www.brownsvilleherald.com/news/brothers_85658___article.html/bernardo_indicted.html

A federal grand jury has returned a 19-count indictment against twin brothers Alberto and Bernardo Peña, and three others on charges of obtaining fraudulent work visas for more than 80 Indian nationals.

The Peña brothers, both 38, face charges of obtaining fraudulent H-2B visas, which are used to procure foreign manual labor. The visas are for non-immigrants and allow an employer in the United States to hire foreign workers for temporary non-agricultural work, according to federal court documents.

Also named in the indictment are Mahendrakumar “Mack” Patel, 55, Rakesh Patel, 36, and Marte Othon Villar Sr., 48, according to federal court documents. Are all charged with encouraging and inducing the illegal immigration of the Indian nationals in exchange for thousands of dollars per visa.

“Today’s significant charges represent the excellent task force-like efforts of four federal agencies,” U.S. Attorney Don DeGabrielle said in a prepared statement issued Friday. “All of the criminal charges are the result of a multi-agency, multi-jurisdictional investigation.” Immigration and Customs Enforcement, the Department of State, Department of Labor, and the Internal Revenue Service all worked together on the case.

Charles Keith Viscardi, 48, the owner and manager of a construction company located in New Iberia, La., is alleged to have enlisted AMEB Business Group Inc., a visa facilitation firm owned and operated by the Peñas and Villar, to hire foreign workers.

Viscardi asked AMEB Business Group Inc. to procure foreign manual labor under the H-2B visa program.

Viscardi, who was charged on March 20 with conspiring to encourage and induce illegal immigration in connection with the Indian scheme, is scheduled to appear before U.S. Magistrate Colvin Botley. If convicted, he faces up to 10 years in prison and a $250,000 fine.

AMEB procured workers from Mexico for Viscardi’s construction company, however, the Peñas and Villar also submitted documentation to the Department of Homeland Security, Citizenship and Immigration Services and other governmental agencies seeking workers from India on behalf of Viscardi.

Mack, of Fort Worth, and Rakesh, of Houston, recruited citizens of India who were willing to pay between $20,000 to $80,000 in exchange for visas to enter the U.S., the news release states.

In spring 2006, Alberto and Bernardo traveled to India to assist the Indian nationals with the application process and allegedly visited and communicated with the U.S. Consulate in Mumbai.

The U.S. Consulate in Mumbai received an anonymous fax on Feb. 26, 2006, “which alleged that a recent group of visa applicants had each fraudulently obtained visas by paying an unknown U.S. person fees between $57,000 to $68,000,” court documents show.

The 88 Indian nationals began to arrive in the United States from late February to late March 2006 and entered the country, court documents show.

Each of the Indian nationals that were granted H-2B visas arrived to Houston, where they made payments for their visas in the form of cash, cashiers checks and international money orders.

“None of the Indian nationals were ever employed by Viscardi at the construction company,” the news release states. “Instead, they simply disappeared throughout the U.S. after paying for their fraudulently obtained visas. All of the conspirators, including Villar and Viscardi, shared in the proceeds derived from the scheme.”

All defendants are accused of assisting in the procurement of the H-2B visas for the Indian nationals, although they allegedly knew none had intentions of working for the company that obtained the visas on their behalf.

If convicted, they each face a maximum penalty of up to 15 years in prison and a $500,000 fine. Bernardo faces an additional 20 years in prison and a $500,000 fine if convicted of money laundering for the purpose of concealment. Mack and Alberto each face an additional 10 years in prison and a $250,000 fine if convicted of violating the money laundering spending statute.

Mack and Rakesh appeared Thursday before U.S. Magistrate Mary Milloy in Houston. They were released on a $50,000 bond. They are scheduled to appear in federal court on April 15 before U.S. Magistrate Calvin Botley in Houston.

Alberto appeared Friday before Milloy and was released on a $50,000 bond.

Bernardo and Villar remain at large, and warrants for their arrest have been issued.

Anyone with information regarding their whereabouts is asked to contact U.S. Immigration and Customs Enforcement at 1-866-DHS-2-ICE (866-347-2423).

April 4, 2008

USDA Begins Conservation Program In Cameron County

Filed under: Uncategorized, Environment, State & Local, Texas — Administrator @ 4:15 am

http://www.brownsvilleherald.com/news/woodard_85614___article.html/county_fsa.html

April 3, 2008

SAN BENITO - Private landowners throughout the Rio Grande Valley are getting a chance to restore more than a dozen different species of wildlife on the state’s conservation list, including the endangered ocelot.

After decades of conservation projects, the U.S. Department of Agriculture’s Farm Service Agency wants to enroll 5,000 acres for the Conservation Reserve Program to re-establish Tamaulipan thornscrub habitat for the ocelot and other wildlife.

Micky D. Woodard, chief of the conservation division at the FSA, said landowners and producers can designate portions of their property to try to re-establish the ocelot’s habitat. Landowners involved in the effort will enter into 15-year contracts with FSA.

Woodard met Wednesday with a number of FSA officials from Cameron, Hidalgo, Willacy and Kenedy counties to discuss the CRP’s Lower Rio Grande Valley Thornscrub Restoration Project State Acres for Wildlife Enhancement (SAFE).

“This is a voluntary program designed to enhance a national restoration program,” Woodard said.

Nearly 90 percent of the original thornscrub habitat in the Valley has been lost by conversion to agricultural production and, later, urban areas.

About 650,000 targeted acres are within the SAFE area, including eastern Cameron County, eastern and northern Willacy County, east-central Hidalgo County and southern Kenedy County.

“Other wildlife can also increase,” Woodard said. “It’s a long-term goal.”

Landowners who want to participate can benefit from incentives, cost-share and maintenance payments for establishing and maintaining habitat, officials said.

“The payment is a sort of enticement,” Woodard said. “This is compensation to them.”

Cris Perez, the Cameron County FSA executive director, said the money paid to landowners is based on the agricultural value of the land. In Cameron County, that base rental rate for the land is $40 an acre, he said.

“This isn’t a way to make a lot of money, but they do get compensated,” Perez said.

Already, people are interested in trying to restore ocelot habitat.

Woodard said the program is devoted to row crop agriculture, with scattered citrus groves with high rates of wind erosion also included.

There’s no maximum limit a landowner is able to use in the program.

“We want to work with him and whatever he’s willing to do,” Woodard said.

It can take up to 25 years to determine if the restored habitats have any effect, Woodard said.

The FSA will stop its involvement and payments on the rental of the 5,000 acres after 15 years, Woodard said.

Perez said the San Benito area FSA plans to hold an informational meeting for landowners in May.

For more information on the conservation project, contact the Cameron County Farm Service Agency Service Center at 956-399-1311.

Houston-Area Woman Admits To Forced Labor Of Worker

http://www.brownsvilleherald.com/news/houston_85630___article.html/area_forced.html 

April 3, 2008

HOUSTON (AP) - A Sugar Land woman is going to prison and must pay back earnings to a domestic employee who received only $320 for several years of work.

A federal judge in Houston on Thursday sentenced 43-year-old Rozina Mohd Ali to one year and one day in prison, plus ordered nearly $73,000 in restitution.

Ali pleaded guilty to forced labor-related charges involving a woman from Indonesia.

Prosecutors say Ali had the Indonesian woman do her domestic work for practically no money at all, plus withheld the worker’s passport.

The worker, whose name was not released, fled the Ali household last August.

She had been employed by Ali, first in Malaysia, since August 2002 and was in the U.S. on a temporary visitor’s visa.

Ali has been in federal custody without bond.

Nacogdoches County District Court Clerk Charged With Theft

Filed under: Uncategorized, State & Local, Texas, CrimeMarch, United States News, Government Crimes — Administrator @ 2:55 am

http://www.brownsvilleherald.com/news/nacogdoches_85631___article.html/county_court.html

April 3, 2008

NACOGDOCHES, Texas (AP) - The district court clerk for Nacogdoches County has been charged with felony theft by a public service.

Donna Phillips was arrested Thursday, was arraigned and freed on $8,500 bond.

The Nacogdoches Daily Sentinel reports the arrest affidavit says Phillips is accused of taking nearly $16,000 last year from the child support account she oversees.

The affidavit says some child support payments made in the office were never deposited into the official account.

April 3, 2008

Is Cornyn Listening To The American People and Helping Build The Wall?

http://www.brownsvilleherald.com/news/county_85487___article.html/federal_cornyn.html

CORNYN: Getting Federal Money For Levees ‘fair and just’ 

EDINBURG - U.S. Sen. John Cornyn, R-Texas, said Friday that he will file a bill authorizing the government to reimburse Cameron and Hidalgo counties for any spending on repairs to a federally owned flood control system along the Rio Grande.

Hidalgo County Judge J.D. Salinas said he hopes to have 75 percent of the repairs completed by the end of the year. The first phase of construction is slated to begin in April.

The local reimbursement model “allows this reconstruction to go forward and not wait for the federal government to act,” Cornyn said. “It can take a while for the federal government to get around to doing the right thing sometimes.”

Assuming Congress authorizes the payback, proponents still would have to convince Congress to allocate the funding for it through the International Boundary and Water Commission, which is overseeing repairs and controls the levees along the nation’s southern border.

“(Cornyn) said he’s going to tack it on to the fastest bill he can find,” Salinas said of the funding request.

Hidalgo County voters in 2006 approved a $100 million bond issue to repair the levees, but area leaders hoped the federal government would relieve the burden on local taxpayers by reimbursing the county for any spending on those repairs.

Cameron County Judge Carlos Cascos and other officials put the price tag of repairing that county’s levee’s at $50 million. So any help from the federal government would help save local taxpayers from shouldering the burden.

Rick Noriega, Cornyn’s Democratic challenger in the upcoming November general election, said during a visit to McAllen on Thursday that the senator is now pushing for money and supporting a combination border security wall/levee to hide the fact that he authorized funding for the unpopular wall in the first place.

“He’s looking for a way out for the three votes he cast for the wall,” Noriega said. “Why haven’t you (Cornyn) brought funding down here to fix the levees first?”

The federal government is responsible for levee maintenance, but federal law and an agreement between the county and IBWC prohibit the IBWC from reimbursing the county.

The U.S. Department of Homeland Security announced in January that it would build a border wall here designed to halt illegal entry from Mexico along 22 miles of the county’s levees. That portion of the project is stalled while officials try to figure out exactly how to fund it.

The entire levee repair project in Cameron and Hidalgo counties is expected to cost about $125 million.

April 2, 2008

Police: Texas Teen Shoots Church Pastor and Wife

http://www.brownsvilleherald.com/news/texas_85554___article.html/police_shoots.html

DENTON, Texas (AP) - An 18-year-old man shot a pastor and his wife as they were getting ready to leave for church services, apparently blaming them for his breakup with his girlfriend, officials said.

Arturo Silva Jr., 18, was being held early Tuesday morning at the Denton County Jail on two counts of aggravated assault with a deadly weapon. Bond was set at $250,000. It was unclear if he had an attorney.

Denton County sheriff’s Lt. Allen Gibson said Silva shot Pedro Beltrain, 32, and his wife, Zaida, 33, as they were getting ready to leave for church with Silva’s former girlfriend. The 27-year-old ex-girlfriend had recently obtained a restraining order against Silva, Gibson said.

The pastor was shot in the arm and his wife in the mouth, Gibson said. Both are in stable condition at a hospital in Dallas.

“He blamed them for the girlfriend’s breakup with him,” Gibson said.

Silva fled before deputies arrived, leaving a .22-caliber pistol on the porch. Deputies also found six spent shells on the ground, Gibson said.

Silva turned himself in Monday.

No One Noticed Missing Inmate Who Climbed Down A Fire Escape

Filed under: Uncategorized, State & Local, Texas, United States News — Administrator @ 8:17 pm

http://www.brownsvilleherald.com/news/missing_85556___article.html/climbed_notices.html

SAN ANTONIO (AP) - Law enforcement officials are trying to understand how a convicted felon managed to escape from jail without anyone noticing his absence for a full day.

Esequiel Pena, 35, escaped from a private San Antonio jail sometime between Sunday afternoon and Monday afternoon. Officials believe he escaped by climbing eight stories down a fire escape, U.S. Marshals Service spokesman Thomas J. Smith said. Pena remains at large.

Pena was being held at the privately operated Central Texas Detention Facility for violating terms of his supervised release. He was previously convicted of an unspecified weapons charge and later re-arrested for a different offense, Smith said

The facility is operated by The GEO Group. A company spokesman did not immediately respond to a phone message left By The Associated Press early Tuesday morning.

Mexican Army Detains 9 Police Officers Just South Of Texas Border

Filed under: Uncategorized, U.S. Security, World News, Mexico, State & Local, Texas, United States News — Administrator @ 8:04 pm

http://www.brownsvilleherald.com/news/army_85557___article.html/mexico_border.html

CIUDAD JUAREZ, Mexico (AP) - Mexican soldiers arrested nine police officers who were allegedly carrying drugs in their patrol cars in the violence-plagued city of Ciudad Juarez, just south of El Paso, Texas.

The officers were detained over the weekend while carrying marijuana and radios with non-police frequencies, Mayor Jose Reyes and municipal Public Safety Department spokesman Jaime Torres said Monday.

“We know there are officers who aren’t upright and are breaking the law,” Reyes said. “Our job is to identify them and fire them, and to support the federal authorities in their efforts.”

Last week, the government sent more than 2,500 soldiers and federal police to crack down on soaring violence in the border state of Chihuahua, where Ciudad Juarez is located.

About 200 people have been killed in the city of 1.3 million so far this year, and 47 policemen have resigned or requested retirement in the last month.

Chihuahua is also home to the town of Palomas, across from Columbus, New Mexico, where at least 40 people have been killed since Jan. 1. Palomas’ police chief recently sought asylum in the U.S. after his deputies abandoned him and he received death threats.

Agent Rescues Immigrants Moments Before Highway Crash

http://www.brownsvilleherald.com/news/border_85587___article.html/agent_doty.html

RACHAL - U.S. Border Patrol agent Adam Ruiz had to act fast as the van full of undocumented immigrants veered into the path of a hurtling 18-wheeler.

Should he pursue the vehicle’s driver, who bailed out on the shoulder of U.S. 281 and left the van’s gear in drive? Or chase down the van and its occupants as they edged closer and closer into oncoming traffic?

In seconds, Ruiz sprang into action. The eight-year agency veteran bolted toward the moving vehicle, leaped through the passenger side door and steered the vehicle to safety.

His quick thinking and fast action may have saved the lives of the nine Mexican nationals later found sitting the back of the van without any type of safety restraints, local Border Patrol spokesman Daniel A. Doty said.

“This happens more than people know,” Doty said. “Our first concern is for the safety of the people involved.”

But as daring as the March 11 rescue near Rachal sounds, it’s a situation border agents are encountering more often as they step up efforts to crack down on human smugglers.

Ruiz, a supervisory agent stationed in McAllen, declined interview requests about the rescue. But its details emerged Monday in court documents filed against the van’s driver, 30-year-old Ramiro Regalado Garcia.

Immigrant smugglers, or coyotes, are increasingly putting their passengers’ lives in danger in efforts to avoid arrest, Doty said. Some have even left still-moving vehicles to hurtle into trees, fences and highway barriers.

In a similar case earlier this year, 22-year-old accused smuggler Jose Padilla lost an ear as he tried to jump out of a moving vehicle during a police pursuit in La Joya. The six Honduran and Salvadoran immigrants police say he was carrying managed to escape the eventual crash without major injury.

“At one time several years ago, people would just park the car and start running,” Doty said. “Now that we’ve increased our manpower, they’re starting to adopt new strategies to get away.”

But Border Patrol agents have also adjusted their tactics to address these dangerous situations, he said. Now, one group of agents focuses on apprehending fleeing drivers while another group works to ensure the safety of his immigrant cargo.

Operating under new training strategies, Ruiz ran after the endangered Mexican nationals while Border Patrol helicopters kept tabs on a fleeing Regalado. Agents apprehended him yards from where his van was eventually stopped.

On Monday, Regalado pleaded guilty to human smuggling charges and remains in federal custody pending a sentencing hearing scheduled for June 9.

But thanks to some fast thinking from Ruiz, the coyote’s nine passengers were all able to return to Mexico safely.

“He is an exceptional agent,” Doty said. “But he doesn’t like to take the spotlight for something any other agent would have done in that situation.”

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