SAN DIEGO _ Amnesty International is calling on Congress to hold public hearings over what the human rights organization calls "a campaign of intimidation," launched by the federal government, that targets activists and lawyers helping migrants along the U.S.-Mexico border.
In a 44-page report released Tuesday morning, Amnesty International accused the Department of Homeland Security and the Department of Justice of violating the Constitution by carrying out an "unlawful and discriminatory campaign of intimidation, threats, harassment and criminal investigations against people who defend the human rights of migrants, refugees and asylum seekers."
"The Trump administration's targeting of human rights defenders through discriminatory misuse of the criminal justice system sets it on a slippery slope toward authoritarianism," said Erika Guevara-Rosas, Americas director at Amnesty International.
"The U.S. government is disgracing itself by threatening and even prosecuting its own citizens for their vital work to save the lives of people in a desperate situation at the border," she added.
The report essentially accuses Border Patrol agents of criminalizing humanitarian aid by subjecting the people who carry out that work to warrantless searches, prolonged detention and arrest. Amnesty International claims this violates the Constitution because citizens are being punished for exercising their First, Fourth and 14th Amendment rights _ which guarantees freedom of speech, protects people from unreasonable searches and seizures, and establishes equal protection under the law.
DHS and DOJ did not respond to requests for comment.
When officials announced Operation Secure Line in October 2018, they described it as a response to the Central American migrant caravans bringing thousands of people to the U.S.-Mexico border. In March, NBC published reports of leaked documents showing DHS tracking journalists, lawyers and humanitarian workers.
CBP responded to news of the leaked documents with the following statement:
"It is protocol following these incidents to collect evidence that might be needed for future legal actions and to determine if the event was orchestrated," the statement read. "CBP and our law enforcement partners evaluate these incidents, follow all leads garnered from information collected, conduct interviews and investigations, in preparation for, and often to prevent future incidents that could cause further harm to the public, our agents, and our economy."
Apart from referencing that incident, Amnesty International's report also highlights individual cases of humanitarian aid workers being detained at the border.
For example, photographer and volunteer Jeff Valenzuela was detained by Border Patrol agents on Dec. 26 and 28.
During the first incident, Border Patrol agents forced Valenzuela to unlock his phone under the guise of looking for child pornography. However, the agents looked closely through photos of a recent border visit.
During the second episode, federal agents at the San Ysidro Port of Entry handcuffed Valenzuela and shackled him by his ankle to a metal bench for four hours inside a Customs and Border Protection office, according to the report.
"I don't plan to let these intimidations, I don't plan to let harassment, any amount of handcuffs, to really stop me," Valenzuela told Amnesty International. "Because none of the work that we're doing is a criminal act. Humanitarian work is not a crime."
The Amnesty International report makes several recommendations for Congress, DHS and DOJ. This includes asking Congress to hold public hearings on this alleged campaign of intimidation.
Other recommendations for Congress included increased oversight for DHS and DOJ to prevent those agencies from misusing the criminal justice system to target human rights defenders.
For DHS, the report recommends the agency halt any intimidation and harassment of humanitarian workers and to adopt exemptions for humanitarian workers from criminal investigation.
For DOJ, Amnesty International recommends a "humanitarian exemption" that would exempt aid workers from criminal prosecution related to smuggling and harboring charges.
