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Indybay Feature

Feature: Border Patrol Demands Documents, Takes Family Members into Custody at Qualcomm

by three san diego indymedia volunteers (imc-sd [at] lists.indymedia.org)
In the midst of a massive wildfire-induced crisis displacing perhaps 20% of san diego county's residents, i.c.e. officers were observed asking for papers and separating families at the qualcomm stadium evacuation center earlier today. Border patrol officers were also present at qualcomm yesterday.
qualcommevacshelter.jpg
Reporters for univision and azteca told san diego indymedia volunteers that i.c.e. officers separated one family into members who had papers and those without documents, taking the undocumented into custody for deportation. A family sdimc spoke with said that they observed border patrol agents demanding documents from folks at the shelter. When a reporter approached and asked what they were doing, the agents promptly left.

A family who evacuated from ramona said that, in the chaos of leaving an area rapidly being overtaken by wildfire, they initially were scattered amongst evacuation centers in escondido, mira mesa and san diego because of difficult communications and closed roads, only reuniting at qualcomm today. Some of their neighbors without papers stayed behind because of a fear of crossing police lines or a need to work. The family cannot return home until friday because of a lack of potable water in ramona, and they have no idea whether their home survived.

The number of evacuees at qualcomm has dwindled from earlier in the week, and those folks left appear to be largely working class people of color. Qualcomm is highly militarized, with soldiers in camouflage uniforms carrying locked and loaded m-16s - some had recently returned from iraq. In a surreal vignette, an overzealous phalanx of sdpd officers desperately attempted to keep a spiffy clean, preppy looking lieutenant governor john garamendi separated from the disheveled evacuees as he was being interviewed by the corporate media.
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At about 11 am of Wednesday (October 24, 2007), I witnessed the incident with San Diego Police officers, INS/Border Patrol and a family whom had just been separated. I was on site when the 3 SD Police Dept Officers were at the curb on Gate D right outside the Q's building. Five children and 2 adults were against the wall crying while the border patrol detention vans had people inside. I asked the PD officers if this was INS pick up point and and African American female officer styling what appeared to be extensions (braided) said, "No". I asked, "Then just what happened here?" As the media was approaching both Border Patrol vehicles dashed off quickly. She said that a crime had just been committed. I proceeded to ask her, "Let me see if I understand this correctly. An alleged crime was committed, you proceded to card them; you found out that they didn' have documenation and then you turned them over to INS?". The female African American Officer said , "Yes!" I said, "Do you know that that is unconstitutional?" She became perturbed. It is City policy that the SD Police Department are not to turn over suspected undocumented people unless a crime charge has been filed We started arguing at the legality of such actions. A channel 8 reporter came in to tape, the male police officers, one of which is Officer (Rubio) who appeared to be Latino of African descent and the other one whom I believe his name is Cesena placed a hand in front of the channel 8 camera and took the reporters microphone away. I stepped back with the female officers sort of pushing back with per presence while an altercation ensued with the male officers and the reporter. In the meantime, latino people were coming from my right side very concerned. I turned around to translate that it be best that things don't escalate any further and they could cooperate by going inside for saftey. In the meantime, the female officer, still pressing me away with her body movement, told me, "You don't understand, we are actually undercover." I had to disregard such an ignorant statement. There they are 3 police officers dressed in blue uniform sporting police badges and she dares to tell me that they are undercover. (My after thought was undercover for what INS/Customs?!) Media coverage resumed; Channel 8 reporter was taking my statements as were L.A. radio stations and other media. Next thing I know and across from me (while the media is taping), Officer Rubio took out his cell phone and took my picture. I am sure to intimidate me as he made sure that we made eye contact before and after he snapped shot me. I finished the interviews. And the female cop is still on me walking in front of me as if walking me backward while speaking non-stop as I listened. She basically was giving me a lot of rhetoric that she had already stated. When I would try to speak, she would shut me up by yelling "STOP TALKING OVER ME!". I could not get a word in. Finally I told her, "How can I speak over you if you are speaking non-stop!" Just then, I caught officer Rubio smirking at me from afar. I proceded to speak to him and walked away from the female officer. I said, "Officer Rubio, you took my picture with your cell phone. He said, "Yes, I did.." in a very defiant almost immature manner. "Why did you do that?" I asked. He laughed while looking at me. I said, " Well then, may I take your picture?" I asked while taking out my cell phone. My thought was that I needed to record these various incidents. He said "Sure". Then the female cop got in front of my camera and said, "You can't do that!" I said, "Why not, he took my picture and he gave me permission". The female cop said, I've called our supervisor, he will explain to you why we are here. Then Officer Rubio, realized that he probably made a major mistake and yelled from where he was at, "I didn't take your picture, I was just kidding". I tried to go to where he was and got close enough. The only barrier was that African American Female cop who persisted being in between me and Officer Rubio. I then told Officer Rubio to show me his cell phone and prove to me that he didn't take my photo. He said that he didn't have to show me anything. I insisted. He ignored me. Whether or not the supervisor came, I have no idea as no one came to speak with me. I decided at this time that it was better to ask the other latino people who were getting angry at all that happened that it was best for all of us to go inside and keep our distance from the scene. Quite frankly, I felt threatened by the police officers there. One taking my picture and their behaviour being erratic, immature, and physically offensive. The rest of Wednesday and Thursday, people of Latino descent were afraid to get food, water, toilet paper, toiletteries and so forth to the parking lot where many people were making do with make shift housing made out of left overs from other evacuees who were more fortunate not to be easily identified as latinos. There is more to this. Suffice it to say that I approached a City Councilmember with the incident and the perceived inappropriateness and abuse of authority by the PD in that particluar incident. He said, "How can I help you?" and said that he was not in charge of the police department. I thanked him for his clarification and direction (?) It was a way of saving face for him and for me. As I was walking away, disappointed, indignant and humilliated, he said, "Remy, do you want to file a complaint?" I said, "Yes, I do.". He called a PD sargeant to take my statement. As I was speaking to the Sargeant, he told me that he was sorry that he couldn't pay attention to me because he was protecting Mayor Sanders and that he could not take my report. He then suggested I find a booth around the M entrance gate and file my complaint there and "look for the man with the 3 stripes on his sleeve." He added, "That means he is a sargeant". (Duh!) I never found the office. My complaints have not been officially taken to date. By the way, that particular sargeant who said he was protecting the Mayor, was not on duty as such. He was assigned to be at Qualcomm. My complaints are: 1) It is City policy that the SD Police Department are not to turn over suspected undocumented people unless a crime charge has been filed: At that point no crime had been filed and an extended family was separted because of the PD's actions. I still wonder was the undercover mission a mission to amass as many Latinos' suspected of illegal entry to Border Patrol? I would like to see the Border Patrol Rreport and see how many others were turned over to them by the SD Police. I would like to see a listing of all detainees to see if there were any other detainees other than Latinos. QualComm was like a mini world, full of numerouse ethnicities...It was a microsociety with the good and the bad, segregation, discrimination, benefactors, fortunate ones and the poor, unprotected fire victims, once more being victimize by trained professionals. I would like to see the SDPD report to see how many charges were officially filed and find a correlation with those turned over to the Border Patrol 2) SD Police Officers stopping the media from informing the public and assailing a Channel 8 reporter. 3) SD Police officer Rubio taking my picture with what appeared to be a personal cell phone while I was translating and providing information to the news media. 4) SD Police Sargeat claiming to be too busy from taking a report from me after a councilman told him to take my complaint.
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