CHIMACUM — A group of nearly 400 North Olympic Peninsula residents learned Monday night that the Jefferson County Sheriff’s Office will not get involved if they refuse to show their identification to Border Patrol agents
U.S. Border Patrol Chief John Bates — who is the chief patrol agent for the Blaine Sector, which includes the North Olympic Peninsula — was asked by one person in the audience that was crammed into the Chimacum High School auditorium what would happen if a driver refused to give identification to a federal agent at a roadblock.
Bates said he would have to involve the Sheriff’s Office.
Jefferson County Sheriff Mike Brasfield said his office would not respond.
“I’m sorry, but we would not get involved,” Brasfield said to Bates.
“We do not have any rights to issue an infraction in that situation.”
The standing room only crowd erupted into a round of applause.
It would not be the last time they would give such an ovation.
Prompted by concerns
The forum was prompted by concerns about stepped-up Border Patrol presence on the North Olympic Peninsula.
The number of Border Patrol agents active throughout the North Olympic Peninsula has grown from four stationed in Port Angeles only two years ago to 24 now.
Border Patrol roadblocks on U.S. Highway 101 north of Forks and on state Highway 104 near the Hood Canal Bridge have netted some 25 arrests since they were stepped up this summer, according to Border Patrol reports.
Most of those arrested were illegal immigrants, Border Patrol agents have said, although some citizens with outstanding arrest warrants also were detained.
The forum was created as a way for Border Patrol agents to introduce themselves to the community, for local law enforcement officers to explain their stance on how much they work with federal officers and for lawyers to explain legal points.
Brasfield and Port Townsend Police Chief Conner Daily were both praised by the crowd for their stances that their departments work separately from the Border Patrol.
Brasfield said the agencies in the area would work together but would not become involved in Border Patrol arrests or enforcement activities.
“We would certainly respond if there were an emergency or to help with officer safety,” Brasfield said.
“But I don’t want to see the Jefferson County Sheriff involved in [roadblock] instances.
“We are a local law enforcement agency,” Brasfield said.
“We’re not federal agents, and we don’t have the time, the men or the resources to [enforce federal law].”
Port Townsend policy
Daily then outlined the city’s policy on dealing with border patrol.
• No Port Townsend police officer will take over or participate in a pursuit originating from a Border Patrol roadblock.
• No officer will participate in a Border Patrol roadblock
• The department will back up Border Patrol officers to ensure safety but will not make any arrest based on probable cause, as determined by the federal agency.
• The city will not become responsible for vehicles left behind as a result of a Border Patrol arrest.
• No city police officer will assist in a Border Patrol investigation without the approval of a supervisor.
• If translation is needed during routine contact with a civilian, a member from a list of community volunteers is to be contacted first. Border Patrol translators are to be used only as a last resort.
Both Brasfield and Daily said their primary goal is to enforce the laws of the state and the city.
A “border exception” clause in the Fourth Amendment allows federal agents to conduct searches within 100 miles of the U.S. border without probable cause or a warrant, said two Seattle-based lawyers: Ann Benson, with the Washington Defenders’ Association Immigration Project, and Shankar Narayan of the American Civil Liberties Union.
Definition vague
While the agent must have proof of reasonable suspicion, both lawyers said that definition is vague.
“They need reasonable suspicion to search you and probably cause to arrest you,” Benson said. “That means more than just a hunch.
“What we recommend is that you don’t answer any questions that they ask you, keep your documents on you, don’t sign anything and don’t lie.
“Most people are deported because they willingly disclose information, and it is difficult to exercise your rights.”
Narayan said that constitutional rights are at stake.
“I don’t want to take anything away from [the Border Patrol agents] as they protect our borders, but we too should protect our constitution.”
Noting that the North Olympic Peninsula was likely a very poor route to use in order to reach the interior of the United States, Narayan encouraged people to phone their state and national representatives and ask the question, “Do we really need 25 Customs and Border Patrol Agents here?”
Bates said 25 agents is exactly what the Peninsula needs right now.
Bates cited the 1999 Port Angeles arrest of Ahmed Ressam, known as the millennium bomber, who was convicted of carrying explosives into the United States from Canada to bomb Los Angeles International Airport.
“The reality is that there are threats against the United States,” he said.
“We are trying to find the right mix of technology and agents to push the threats back.”
Bates said he did not know if additional agents would be added in the Peninsula, but referred to a homeland security base for air and water protection along the saltwater border between the U.S. and Canada that will be based in Port Angeles.
New substation
The new substation for Customs and Border Protection Air and Marine Services will patrol the Strait of Juan de Fuca from the air and water’s surface.
“The purpose of the building is to house the agents, and it will not be used as a detention facility,” Bates said.
“Right now, we are moving agents all over, and the number I have right now is absolutely essential.
“We will be adding marine elements and air units. There is no land crossing here so the checkpoints [along Highway 101 and 104] are what we can use right now.”
Detaining terrorists and illegal immigrants are two of the five objectives of the Border Patrol, spokesman Michael Bermudez has said.
The other three are to apprehend and deter smugglers of humans, drugs and other contraband; use smart border technology, like global positioning devices, expanded communications, underground sensors, remote video surveillance systems; and to reduce crime in border communities.
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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com.
