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Charged with a Conscience -- Discussion

Tue Jan 03, 2006 at 10:21:02 PM EST

Update [2006-1-13 12:59:13 by ePluribus Media]:

On January 12th, just before 5pm federal magistrate Bernardo Velasco announced that he is recommending to deny the motion to dismiss charges against indicted humanitarians Shanti Sellz and Daniel Strauss. No More Deaths has released the following statement:

“We’ve just received information that the magistrate judge is recommending to deny the motion to dismiss charges. We are confident that we will prevail at trial and we are calling on our community to come together to support Shanti and Daniel and the principle that humanitarian aid is never a crime.”

January 5, 2006, Daniel Strauss and Shanti Sellz appear in court for "transporting immigrants." ePluribus Media contributor Vivian Pettyjohn's Charged with the Possession of Compassion portrays the bleak circumstances behind these two young adults who are facing federal prison sentences.

With all the controversy surrounding immigrant policy and the militant groups stationing themselves on the border, Pettyjohn provides an overview of the reasons the immigrants cross, the hardships they face, and the humanitarian reasons that so many volunteer to spend their days in the broiling desert sun to find them.

commentary :: :: :: buzz-it!

Pettyjohn states:

There's a popular myth that says that the people who cross into our country are drug dealers. The truth? The overwhelming majority of them are working families. Many of the dead are young people, even children. Samaritan patrols teams such as Sellz and Strauss' often evacuate infants as young as 6 months from the desert. Many of the bodies of young women were found to be in advanced stages of pregnancy. It is estimated that 20% of all deaths of border crossers are women and children. 60 Minutes, Migrants Dying to get in, CBS News
Many workers with humanitarian aid organizations like No More Deaths or Samaritan Patrols report that they feel driven into the desert by evidence that many of the crossers are women and children. They find it difficult to rest at night knowing that even one child might die in agony of heat exposure 10 miles from their backyards.

The ePMedia team of fact checkers, editors and contributors assisting with this story: txj, Xicano Pwr, Standingup, Kfred, WanderIndiana, cho, INMINYMA, Stoy, JeninRI, BeverlyinNH, and lilnubber. Photos courtesy of: Christian Peacemaker Teams and No More Deaths

Please read Pettyjohn's piece ... and then decide:

Should Sellz and Strauss just leave immigrants in need of medical assistance where they found them, and, in the words of one official, "dial 911"?

Charged with a Conscience -- Discussion | 8 comments (8 topical, 0 hidden)

Question is rhetorical. (5.00 / 1) (#1)

Noted in the article below, the defense contends they were not "in furtherance of an illegal purpose":

Two humanitarians deny federal government plea bargain
by jessica lee Thursday July 21, 2005 at 02:56 PM
Bill Walker and Jeff Rogers, lawyers representing Sellz and Strauss, say the humanitarian volunteers will not accept guilt for engaging in actions they believe are legal. They claim transporting undocumented migrants who are in immediate need of medical attention is not in violation of federal law.
"The statute doesn't say transportation of illegal aliens is against the law," Walker said. "Transporting is only illegal if it is in furtherance of an illegal purpose," he said. Transporting people for necessarily emergency medical care is not illegal under the law, he said.

[Source: Arizona IndyMedia]

I think the more appropriate question is: what is the remedy? Statute? Petition for rule change?

by rba on Sat Jan 07, 2006 at 10:23:09 AM EST

Excellent questions... (none / 0) (#2)

Nice link... thanks, rba.

by Cho on Sat Jan 07, 2006 at 12:53:15 PM EST
[ Parent ]

: I think (none / 0) (#3)

that they're attempting to set a legal precedent with this case.

by Vivian Pettyjohn on Sat Jan 07, 2006 at 09:49:56 PM EST
[ Parent ]

Ok (none / 0) (#4)

Thanks Vivian. That's how the case looks.

The administration pattern if the kids win will be to either lobby Congress to amend the statute, or to propose new Agency rules to "close that loophole".

by rba on Sat Jan 07, 2006 at 10:49:32 PM EST

Pettyjohn itnerview (none / 0) (#5)

Kay Shepherd interviewed the writer of this piece in the podcast here: podcast 1-5-2006

Are there more interviews planned?

by Cho on Sun Jan 08, 2006 at 12:19:21 PM EST
[ Parent ]

: yes, there are (none / 0) (#6)

but we're waiting on the verdict from the motion to dismiss hearing.

by Vivian Pettyjohn on Sun Jan 08, 2006 at 11:45:18 PM EST
[ Parent ]

Reframing The Issue (none / 0) (#7)

We are failing to protect the innocent by allowing the powers that be the naming rights here. The issue is being framed as illegal immigrants crossing the border in stealth to live at the taxpayers' expense rather than as an exploitation issue designed to force down the cost of labor and decouple labor from healthcare benefits. American business owners are obtaining a stealth corporate welfare benefit by importing labor unprotected by domestic labor laws and regulations, and passing off the cost of healthcare, schooling etc of this labor to the taxpayer. It is a transfer of taxpayer funds to improve the profit margins of many businesses. Corporate welfare. We need to stop blaming the impoverished victim and put the blame where it belongs: on greed and those politicians and business owners complicit with this scheme.

by DEFuning on Fri Jan 13, 2006 at 04:43:58 PM EST

Re: 10mm LED diffusing experiment (none / 0) (#8)