Charges Dropped Against No More Deaths Volunteers : AZ IMC

Sellz and Strauss were arrested July 9th, 2005 while
medically evacuating three sick migrants from the
Arizona desert. The men were found several miles
north of the U.S. / Mexico boundary, severely
dehydrated and unable to hold down water. Volunteer
doctors instructed Sellz and Strauss to bring the men
to a Tucson clinic after it was determined that the
level of care they needed was more advanced than what
could be administered in the field.

At the time of their arrest, the two humanitarian
volunteers were following a protocol that had been
previously agreed to by the U.S. Border Patrol. In
his ruling Judge Collins states that Sellz and Strauss
had made reasonable efforts to ensure that their
actions were not in violation of the law, and that
“further prosecution would violate the Defendant’s
[sic] due process rights.”

The case against Sellz and Strauss drew national
attention, dramatically framing the human cost of U.S.
border policy and the complexities of an increasingly
politicized region. Thousands of people, including
national religious leaders and human rights groups
such as Amnesty International, spoke out in support of
Shanti and Daniel, under the banner “Humanitarian Aid
is Never a Crime”.

Many supporters interpret Judge Collins’ decision as a
victory for human rights. “This is a wonderful result
for humanitarian work in general, and should be seen
as a victory for everyone. The judge made it clear
that the real winners are the migrants, who both the
Border Patrol and No More Deaths are working to
rescue.” said attorney Bill Walker, who represents
Sellz.

Despite the prosecution of Sellz and Strauss, hundreds
of volunteers once again traveled to southern Arizona
this summer to volunteer with No More Deaths. In
addition to patrolling the Arizona desert in search
for people in medical distress, No More Deaths has
launched dual projects in Agua Prieta and Nogales,
Sonora to meet migrants and continue providing
humanitarian assistance after they are returned to
Mexico by the U.S. Border Patrol.

While politicians debate immigration reform, hundreds
of migrants continue to die along the U.S. / Mexico
border. Already this year, more than 171 migrants
have perished in Arizona. No More Deaths joins the
millions of concerned Americans who demand a
comprehensive reform of U.S. border and immigration
policies – one that respects the rights and dignity of
all who would cross the international boundary, and
provides just and accessible avenues for work and
family reunification.

(via press release from No More Deaths)

Would have been nice to see them sitting for a number of years...

Wow Sandman! You're some humanitarian! I think that you anti-immigration/minuteman types are so obsessed with not wanting to know what drives people that you give up your very humanity. It's a sad situation; really.

TUCSON, Arizona A U.S. federal judge has dismissed indictments against two immigrant-aid workers who were charged with transporting illegal immigrants to get medical care.

Shanti A. Sellz and Daniel M. Strauss were facing prison time in the high-profile case that was scheduled to go to trial next month, the Arizona Daily Star reported.

Attorneys for Sellz and Strauss, both 23 at the time of their arrests in July 2005, had twice asked for the charges to be dismissed.

In his ruling, U.S. District Judge Raner C. Collins said the two were following guidelines that border volunteers had been using for several years without being arrested.

Sellz and Strauss were arrested on July 9, 2005, near Arivaca after they were stopped by Border Patrol agents with three illegal entrants in their vehicle.

They were volunteering with No More Deaths, a faith-based group that during the summer provides food, water and medical aid to illegal immigrants walking in the desert.

Sellz and Strauss were indicted by a grand jury on charges of conspiracy to transport and transportation of an illegal immigrant.

TUCSON, Arizona A U.S. federal judge has dismissed indictments against two immigrant-aid workers who were charged with transporting illegal immigrants to get medical care.

Shanti A. Sellz and Daniel M. Strauss were facing prison time in the high-profile case that was scheduled to go to trial next month, the Arizona Daily Star reported.

Attorneys for Sellz and Strauss, both 23 at the time of their arrests in July 2005, had twice asked for the charges to be dismissed.

In his ruling, U.S. District Judge Raner C. Collins said the two were following guidelines that border volunteers had been using for several years without being arrested.

Sellz and Strauss were arrested on July 9, 2005, near Arivaca after they were stopped by Border Patrol agents with three illegal entrants in their vehicle.

They were volunteering with No More Deaths, a faith-based group that during the summer provides food, water and medical aid to illegal immigrants walking in the desert.

Sellz and Strauss were indicted by a grand jury on charges of conspiracy to transport and transportation of an illegal immigrant.

http://www.azstarnet.com/dailystar/dailystar/144915

'No More Deaths' volunteer charges tossed
Judge says two workers were told actions had OK
By Djamila Grossman
Arizona Daily Star
Tucson, Arizona | Published: 09.02.2006

A federal judge dismissed indictments Friday against two No More Deaths volunteers who were charged with transporting illegal entrants to get medical care in July 2005.

Shanti A. Sellz and Daniel M. Strauss were facing prison time in the high-profile case that was scheduled to go to trial next month.

Attorneys for Sellz and Strauss, both 23 at the time of their arrests, had asked for the charges to be dismissed twice, most recently arguing that the two were being selectively prosecuted.
The two had previously rejected a plea offer with the U.S. Attorney's Office.

In his ruling, U.S. District Judge Raner C. Collins said the two were following guidelines that border volunteers had been using for several years without being arrested.

Sellz and Strauss were arrested July 9, 2005, near Arivaca after they were stopped by Border Patrol agents with three illegal entrants in their vehicle.

They were volunteering with No More Deaths, a faith-based group that during the summer provides food, water and medical aid to illegal entrants walking in the desert.

The two said they were following a "protocol" they'd been taught by No More Deaths, checking with a lawyer and a doctor by telephone before they began driving the entrants, whom they described as being severely dehydrated and ill.
The pair did not call 911 or the Border Patrol, as that was not part of the protocol they'd been taught. They were taking the entrants to a medical clinic.

Sellz and Strauss were indicted by a grand jury on charges of conspiracy to transport and transportation of an illegal alien.

Collins ruled that Sellz and Strauss had been told by No More Deaths officials that they could transport sick illegal entrants under certain conditions.

"They were assured that the 'protocol' had been approved by Border Patrol and that the transportation for these medical purposes was not a violation of the law," Collins wrote.
The judge wrote that in the three years before 2005, "no one was arrested and prosecuted for following the protocol."

Collins said his ruling doesn't address whether the guidelines No More Deaths was using at the time broke the law. No More Deaths has since changed its guidelines for volunteers who encounter illegal entrants in distress.
In a court filing, federal prosecutors asked the judge not to dismiss the charges against Sellz and Strauss, saying that No More Deaths representatives had been told in April 2005 by Border Patrol officials that "enforcement action would be taken if a volunteer were to transport illegal aliens."

Assistant U.S. Attorney Irene Feldman, who was prosecuting the case, said in the court papers that "there is no evidence of selective prosecution and it's entirely proper for defendants to be prosecuted."

No More Deaths leaders hailed the decision. "This is a great moment for the borderlands," the Rev. John Fife said. "It is now established that humanitarian aid is not a crime."

It is important to realize that the Border Patrol and humanitarian efforts play two different roles at the border and each party needs to be allowed to act "under the law," he said.

Since the incident last summer, there have been no other incidents between No More Deaths volunteers and the Border Patrol, he said.
Sellz's attorney William Walker called Collins a "fair shooter."

"This has been a horrendous ordeal for (her)," he said of Sellz. "To be charged with a crime for her was devastating."

A Border Patrol spokesman could not be reached for comment.

On StarNet Search our database of illegal immigrants who have died along the border at azstarnet.com/ border

● Contact reporter Djamila Grossman at 307-0579 or dgrossman@azstarnet.com.

Not my job to take care of Mexico's citizens. It's Mexico's job. I know you lefties had your way, there would be no poor anywhere else in the world, because you would have them ALL BROUGHT HERE, to assuage your guilt of being american.

Sorry, I'm not going to feel guilty for living in America.

Sandman,

I don't have any guilt about being American. We have a lot to be proud of. But I have to admit that when I travel to Mexico or talk to other immigrants, that I feel compelled to let others know that I'm not like many of my countrymen. Sorry, but some of you are an embarrassment.

Well, i know I'm a troll... apologies for the embarrassing display of simplemindedness but my life is pretty boring...

I think I'm going to crawl into a hole and fade like my chinese made flags...

I am opposed to unrestricted immigration, and I am in favour of punishing smugglers and migrants, but this was the right decision. Those two weren't smuggling migrants into the country. They were only trying to save the life of one they found who was already here. I can't fault such simple humanitarianism. The law obviously was not intended to punish such people.