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Land managers and humanitarian organizations caught in the crosshairs: littering or lifes
by Jody Ipsen Tuesday, Jul. 14, 2009 at 12:28 PM

On Thursday, July 9th, as temperatures soared above 95 degrees, 13 humanitarians were cited for littering on the Buenas Aires National Wildlife Refuge, 118,000 acre grassland that borders US/Mexico, and approximately 45 miles southwest of Tucson.

Land managers and hu...
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Land managers and humanitarian organizations caught in the crosshairs: littering or lifesaving measures?


On Thursday, July 9th, as temperatures soared above 95 degrees, 13 humanitarians were cited for littering on the Buenas Aires National Wildlife Refuge, 118,000 acre grassland that borders US/Mexico, and approximately 45 miles southwest of Tucson. The dying season, which steals the lives of approximately 250 migrants in the Tucson Sector every year, weighed down on the 40 faith based individuals who looked on as members of clergy, teachers and students placed one gallon jugs of water on four different active migrant trails.

Just two days prior, the body of a migrant man perished on the refuge, the second this fiscal year. His body was found by Border Patrol off of Cemetery Road in the southwest corner of the refuge.

In an attempt to pressure land manger, Michael Hawkes, to increase water availability to migrants, volunteers with No More Deaths and Samaritans, stood in solidarity on the dusty shoulder of Arivaca Road, while others placed jugs of water along migrant trails.

Ten law enforcement officers from BLM, DOI, US Fish and Wildlife and US Forest Service were on hand to cite the humanitarian workers. Officer James Casey took video footage as aid workers maneuvered under barb wire fences to specific water drop sites.

Among those cited was Rev. John Fife, a tall, lean man and cofounder of No More Deaths, Presbyterian Minister and activist with the Sanctuary movement in the 1980’s. Rev. Fife said the real criminals are the policy makers that drive migrants into remote regions, a policy of death by deterrence. He said, “International Law is in violation of government law. Humanitarian aid organizations not only have the right but the responsibility to provide food, water and medical care to victims when government violates human rights.”

As the cadre of officers removed the water from nearby mesquite trees, Fife and others asked that the lifesaving water not be removed. “Please don’t take that water. Don’t take that water. It’s here to save lives.”

In response to the incident on Thursday, Hawkes, a 33 year veteran with U.S. Fish and Wildlife Service, insists the refuge provides enough water to wildlife and migrants, claiming over 30 existing water sites available for migrants. Hawkes claims, “There is more water per acre on the refuge than any other comparable land mass on the southern Arizona border. However, as Hawkes talked about heat prostration, he said, “Just putting water out there is not the cure for some of those.”
In regards to the man who died on the refuge on Tuesday, Hawkes said, “The man who died was probably sick. He was found about a mile north of the border near an old ranch house that has water.”

In June, No More Deaths sent an open letter to Mike Hawkes at BANWR and to Ken Salazar, Secretary, Department of Interior, requesting a meeting to discuss cooperative efforts to save lives on the refuge. Several attempts were made by NMD to discuss the measures outlined in the letter; however, Hawkes declined a formal meeting, and instead suggested, a “virtual email meeting.”

Eight years ago, Humane Borders, an organization that maintains approximately 70 water stations on public and private land in the Sonoran Desert, sent a similar letter, requesting permission to place water stations on Cabeza Prieta Wildlife Refuge, a hostile region known for the endangered pronghorn. The Department of Interior and Fish and Wildlife initially denied access to the refuge. Weeks after the denial, 14 men perished along the Devils’ Highway—most of who went without water for more than a day. Their bodies were charred from desert temperatures that soared above 110 degrees.

After the horrific deaths, US FWS granted Humane Borders access to the refuge, allowing them to install flags at water sites and place spickets at wells.

Dan Millis, an employee of The Sierra Club, was the first among desert aid workers to be ticketed in February 2008. He was found guilty but the judge declined to sentence him. Bill Walker, Millis’ defense attorney, has filed an appeal in the 9th Circuit Court. Hawkes claims, “The judge sent the wrong message.”

In a separate incident, Wildlife officer, James Casey, cited Walt Staton, No More Deaths volunteer, for littering on December 4, 2008, along with three other humanitarians; the latter three charges were later dropped. During the trial, defense lawyer, Bill Walker, held a full gallon jug of water in front of the jury and claimed, "When the government tells you this case isn't about water or this isn't about saving lives, they're wrong! This is valuable, life-sustaining water." Nonetheless, Staton was found guilty, and is currently awaiting sentencing on August 11th.

Lois Martin, Professor Emeritus from Salem State College, picked up trash a long the migrant trails. “We pick up whatever we find because of environmental reasons and to track migrant traffic so we know where migrants are moving. It’s part of monitoring the traffic and usage. We mark the bottles with drop points so when we find them it tells us something about the migrant traffic.”

Last week, the Senate approved 300 miles of new border walls. Staton said, “Every mile of new wall is a guarantee for another death--a part of overall policy that has turned the desert into a graveyard.”

Humanitarian workers and land managers are caught in the crosshairs, redefining the definition of littering. According to No More Deaths, Secretary Ken Salazar, Department of Interior, has requested a meeting with the organization’s leadership in Washington DC Thursday.


Jody L. Ipsen is a freelance writer, covering border issues from Tucson, AZ.



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Paula McPheeters Cited for Littering
by Jody Ipsen Tuesday, Jul. 14, 2009 at 12:28 PM

Paula McPheeters Cit...
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