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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Monday, April 22, 2019

Militia in New Mexico Detains Asylum Seekers at Gunpoint

ALBUQUERQUE — A right-wing militia group operating in southern New Mexico has begun stopping groups of migrant families and detaining them at gunpoint before handing them over to Border Patrol agents, raising tension over the tactics of armed vigilantes along the border between the United States and Mexico.

Members of the group, which calls itself the United Constitutional Patriots, filmed several of their actions in recent days, including the detention this week of a group of about 200 migrants who had recently crossed the border near Sunland Park, N.M., with the intention of seeking asylum. They uploaded videos to social media of exhausted looking migrant families, blinking in the darkness in the glare of what appeared to be the militia’s spotlights.

Professed militias have long operated along the border with attempts to curb the flow of undocumented migrants into the United States. But targeting the recent influx of families, who are legally allowed to request asylum and often quickly surrender to Border Patrol agents, is raising tension with human rights activists in this part of the West.

The American Civil Liberties Union denounced the militia’s actions in a letter on Thursday that asked New Mexico’s governor and attorney general to investigate the group. The A.C.L.U. said the militia had no legal authority under New Mexico or federal law to detain or arrest migrants in the United States.

“We cannot allow racist and armed vigilantes to kidnap and detain people seeking asylum,” two lawyers for the A.C.L.U., María Martínez Sánchez and Kirsten Greer Love, said in the letter.

In a statement, Hector Balderas, New Mexico’s attorney general, said: “These individuals should not attempt to exercise authority reserved for law enforcement.”

Jim Benvie, a spokesman for the United Constitutional Patriots, said in a telephone interview that his group had been camped near El Paso for the past two months. Mr. Benvie contended that his group’s actions were legal, comparing the detention of the migrants to “a verbal citizen’s arrest.”

“We’re just here to support the Border Patrol and show the public the reality of the border,” said Mr. Benvie, 43, who recently came to New Mexico from Minnesota. He said the organization plans to remain on the border until the extended wall proposed by President Trump is built or Congress changes immigration laws to make it harder for migrants to request asylum.

Militias have recently stepped up their activities in New Mexico and other states as the authorities scramble to respond to a surge in families from Central America, with total apprehensions on the border reaching more than 92,000 in March. Elsewhere on the border, the mayor of Yuma, Ariz., declared an emergency this week as the city sought federal and state assistance to deal with migrant arrivals.

Mr. Benvie, the spokesman for the United Constitutional Patriots, declined to specify how many of its members were in Sunland Park, a city in New Mexico about nine miles west of El Paso. He said the group included people with military or law enforcement experience.

“If these people follow our verbal commands, we hold them until Border Patrol comes,” Mr. Benvie said. “Border Patrol has never asked us to stand down.”

The governor of New Mexico, Michelle Lujan Grisham, said in a statement that it was “completely unacceptable” that migrant families “might be menaced or threatened in any way, shape or form when they arrive at our border.”

“It should go without saying that regular citizens have no authority to arrest or detain anyone,” she added.

The video of this week’s episode in the New Mexico desert shows Border Patrol agents arriving on the scene at some point after members of the militia have already come into contact with the migrants. Before the arrival of the federal agents, a woman narrating the video tells a man who appears to be a militia member “Don’t aim the gun” in the direction of the families. The migrants can be seen kneeling on the ground and embracing one another.

Mr. Benvie said that members of the militia gave a “verbal order of arrest” to the migrants, telling them to wait where they were until Border Patrol agents arrived. Members of his group offered $20 to any of the migrants who could identify the smuggler who helped them cross the border, he said, but none took them up on the offer.

Mr. Benvie said that members of his group were told not to point their weapons at any of the migrants. He added that the group has a new rule in which members are not allowed to go on patrol with military-style rifles, but can still carry handguns. “We can’t make them stay if they don’t want to,” he said.

Carlos A. Diaz, a spokesman for Customs and Border Protection, the federal agency that includes the Border Patrol, declined to discuss the episode or the United Constitutional Patriots, but said the agency “does not endorse private groups or organizations taking enforcement matters into their own hands.”

The responses to the militia’s videos on Facebook included an array of antagonistic or racist descriptions of the asylum seekers.

“Got to stop being sympathetic because of the kids,” said one commentator, Linda Ellen Sweeney. “Got to consider them as collateral damage now. We are DONE.”

Ursela Ojeda, a policy adviser in Washington for the Women’s Refugee Commission, an organization seeking to protect the rights of women and children displaced by conflict and crisis, called the actions of the militia “highly problematic.”

“These are families, and lots of young children, fleeing dangerous situations,” Ms. Ojeda said. “I have a hard time seeing how someone has a right to point a loaded weapon at these families.”


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