Annotations for Subject-headings: Police Misconduct

Allegations of abuse by the Border Patrol, customs, and immigration agents are often heard in many Latino communities, particularly along the U.S.-Mexico border. These widespread complaints have prompted several congressional leaders to call for the creation of a commission to investigate abuses by these federal agencies. From Washington. Patricia Guadalupe has more.

Cuando yo me miraron se aceleraron y me dijeon parate

Heriberto Arambula is a Mexican national who claims he was beaten up by the US Border Patrol while riding his bicycle in El Paso, Texas.

Me agarre la bicicleta me tumba para atras y el otro esta gringo parece Bruce Lee.

They grabbed me and threw me from my bicycle. One of the officers then jumped at me. He looked like Bruce Lee. Imagine. He sunk his boot into my chest that left the mark. They didn't ask me what I was doing or explain why they were after me, nothing. Only the beating and then to the police, then to the ambulance, then to the hospital, and that's all. [Spanish dubbed over]

It is because of this and many other complaints that legislation was introduced in Congress May 20th to create an independent commission that would oversee the Border Patrol. Currently, the Border Patrol is part of the immigration and naturalization service, which immigrant advocates say is inefficient and biased since it polices itself. Democratic representative Xavier Becerra of California is the chief sponsor of the commission bill in Congress.

We believe that you need independent review and that's the big change here. It's not dramatic, but what we're saying is let's get some serious activity in here because there are people who are being abused.

Congressman Becerra adds that the problem doesn't exist only among the undocumented along the border.

We're talking about US citizens, legal permanent residents who have been abused by the INS. And we have not only eyewitness testimony and firsthand testimony of people who've come, but we have court cases where we have had judicial decisions that show that people have been abused.

Former Consul General of Mexico in El Paso, Roberto Gamboa Mascarenas investigates many cases of alleged abuse by Border Patrol agents. Most recently, the violent deaths of three undocumented workers in Arizona and Texas. He said the commission would have the power to act on claims of abuses, something he says the system is not now set up to do.

It is the most fantastic and the most positive step that has ever been taken in favor of the human rights and the civil rights of many people in the border areas, not necessarily all Mexican, whose rights have been violated continuously by agents who, again, are unchecked, uncontrolled, and not disciplined whatsoever.

In its annual report released on the same day Becerra introduced this legislation, the human rights group, America's Watch, concludes that conditions at the border have not changed. Cases of abuses have risen, not fallen. Juan Mendez is executive director of America's Watch.

There's something wrong in the way abuses are referred to the proper authorities and investigated inside these agencies, both the Border Patrol and the customs administration.

Mendez says that creating an independent commission would alleviate the fear many have of coming forward when they have claims of abuse. When reached for comment, a spokesman for the INS said they would follow whatever directive the Congress and Attorney General Janet Reno handed down. For Latino USA, I'm Patricia Guadalupe in Washington.

Bullets, guns, violence, and gangs are a fact of life for an ever-growing number of young people in this country; white, African-American, Asian, and Latino. Many Latino kids know this reality only too well and too early in their lives. John Guardo, who came to New York City when he was only 12 years old, was a member of a crew for most of his teenage life. Crews are what gangs are called in New York City. Now, John Guardo is trying to leave that life behind, but as he tells us in this commentary, leaving his crew may be easier than escaping the violence of the streets.

Bullets, guns, violence, and gangs are a fact of life for an ever-growing number of young people in this country; white, African-American, Asian, and Latino. Many Latino kids know this reality only too well and too early in their lives. John Guardo, who came to New York City when he was only 12 years old, was a member of a crew for most of his teenage life. Crews are what gangs are called in New York City. Now, John Guardo is trying to leave that life behind, but as he tells us in this commentary, leaving his crew may be easier than escaping the violence of the streets.

[Hip hop music]

[Hip hop music]

Having outgrown that lifestyle though, I'm trying to live a regular life working and going to school. Unfortunately, that also means my family's been taken off the untouchables list. We have all become prey to these urban predators. Now, under this new set of rules, what am I to do with this trouble? Call the cops? Huh, no one I know, including myself, would do that in case of an emergency. In my eyes, cops are more interested in filling their quota than in serving their community. Dialing 911 has simply become taboo. At this point, I'm sandwiched between two problems. Number one, I don't trust the police. The only times they've been there for me was to ram flashlights into my skull while cursing me out. If not that, they've stopped me in front of my building to frisk me as my neighbors watch. Number two, if I remain vulnerable for too long, something bad may happen to my loved ones.

Having outgrown that lifestyle though, I'm trying to live a regular life working and going to school. Unfortunately, that also means my family's been taken off the untouchables list. We have all become prey to these urban predators. Now, under this new set of rules, what am I to do with this trouble? Call the cops? Huh, no one I know, including myself, would do that in case of an emergency. In my eyes, cops are more interested in filling their quota than in serving their community. Dialing 911 has simply become taboo. At this point, I'm sandwiched between two problems. Number one, I don't trust the police. The only times they've been there for me was to ram flashlights into my skull while cursing me out. If not that, they've stopped me in front of my building to frisk me as my neighbors watch. Number two, if I remain vulnerable for too long, something bad may happen to my loved ones.

[Hip hop music] Last night, I was speaking to my girl on the phone, telling her how bad things were getting around my block and that I decided to buy a gun. She got mad, raising her voice and asking me, "How could you be that ignorant? You know what would happen if you got caught with one?" I said to her, "Yo, I ain't going to be carrying it around and showing it off. I'm going to keep it at home in case someone tries to break in or mess with my family." She got quiet then. I was searching for a better answer. I realized what a vicious cycle I was willingly getting into. You see, around my neighborhood, things ain't no joke. I'm a former gang member, so I know what dangers roam the streets. Drug dealers, stick-up kids, crackheads, the whole nine, a glance is reason enough to get jumped.

[Hip hop music] Last night, I was speaking to my girl on the phone, telling her how bad things were getting around my block and that I decided to buy a gun. She got mad, raising her voice and asking me, "How could you be that ignorant? You know what would happen if you got caught with one?" I said to her, "Yo, I ain't going to be carrying it around and showing it off. I'm going to keep it at home in case someone tries to break in or mess with my family." She got quiet then. I was searching for a better answer. I realized what a vicious cycle I was willingly getting into. You see, around my neighborhood, things ain't no joke. I'm a former gang member, so I know what dangers roam the streets. Drug dealers, stick-up kids, crackheads, the whole nine, a glance is reason enough to get jumped.

What can I do? I can't join a crew. I just renounced one, but I got to protect myself. So the only thing left for me is to get a gun. Or is it? You see, I really believe, if the cops got their act together, there wouldn't be so much static in the streets. What I mean is, not that we like police presence, but that it doesn't matter if there's cops on every corner when they're going to be there to magnify the distrust we already have for them. Policemen should figure out who the real criminals are. I know. And go after them instead of treating all of us like such. They're the ones who have to change since the problems of the street are always going to be there. There's always going to be crime and we need protection.

What can I do? I can't join a crew. I just renounced one, but I got to protect myself. So the only thing left for me is to get a gun. Or is it? You see, I really believe, if the cops got their act together, there wouldn't be so much static in the streets. What I mean is, not that we like police presence, but that it doesn't matter if there's cops on every corner when they're going to be there to magnify the distrust we already have for them. Policemen should figure out who the real criminals are. I know. And go after them instead of treating all of us like such. They're the ones who have to change since the problems of the street are always going to be there. There's always going to be crime and we need protection.

These issues may be the bigger picture, but I'm still unable to answer my girl. Every day I have to deal with these problems. And although I may forget about them, what worries me is that it might be one of my friends who falls into the cycle and goes out to buy the nine. In street slang, that's a nine-millimeter handgun. I'm John Guardo, speaking for the street.

These issues may be the bigger picture, but I'm still unable to answer my girl. Every day I have to deal with these problems. And although I may forget about them, what worries me is that it might be one of my friends who falls into the cycle and goes out to buy the nine. In street slang, that's a nine-millimeter handgun. I'm John Guardo, speaking for the street.

Hundreds of sign carrying protestors marched through the streets of downtown San Diego recently protesting what they say is a growing anti-immigrant hysteria. Commentator Guillermo Gomez-Peña says it's fitting that the anti anti-immigrant march should have taken place in the city of San Diego. He recently went through an experience there that convinced him that a backlash against immigrants and perhaps against all Latinos is alive and well in San Diego.

I am the proud father of a four-year old boy, Guillermo Emiliano Gomez Hicks, who happens to be half Mexican, perfectly bilingual and blonde. He has asked me several times, "Papa, how come you are brown and I am pink?" He finally learned what that means.

My son, my ex-wife, and I were having lunch at Café Chez Odette in Hillcrest. I vaguely remember two blonde women looking intensely at us from another table. A few hours later, we were suddenly stopped by a Coronado policeman. He asked if I had been at a cafe on Fifth avenue at noon. He then spok into his radio and said, "I have the suspect." He said he was just cooperating with the San Diego Police and that all he knew was that it had something to do with a kidnapping. I understood right away that I was being accused of kidnapping my own child. For 45 minutes, my son and I were held by the Coronado policeman waiting for his San Diego colleagues to arrive. I was furious and completely devastated. I held Guillermito's hand tightly. "If the police try to take my son away from me," I thought to myself, "I will fight back with all my strength."

Guillermito kept asking me, "How come we can't go? What is happening, Papa?" And I kept on answering, "It's just a movie, don't worry." I was able to control my feelings and politely asked the police officer to let me identify myself. He agreed. Very carefully I pulled out my wallet and showed him my press card, an integral part of my Mexican survival kit in the US. The cop turned purple. "Are you a journalist?" He inquired. "Yes," I answered. I asked the policeman to explain to me why I was suspected of kidnapping my own son. He told me the following story:

At 12:10 PM the police received a 911 call from a woman who claimed that a Latino man with a mustache and a ponytail and a woman who also looked suspicious were sitting at a cafe with an Anglo boy who didn't look like he belonged to them. She said that the boy was clearly being held against his will. She emphasized the fact that I was speaking to my son in a Spanish, and despite the fact she didn't speak or understand the Spanish herself, concluded that I was trying to bribe the kid with presents and talking about taking him to Mexico. As we left the cafe, the woman and a friend of hers followed us and watched us take my son's suitcases out of his mother's car and get into the cab. They called the police again and told them that I had forced the kid into the taxi. I asked the police officer if there had been any reports of missing children that encouraged the police to believe the woman who phoned from the cafe. He said, "No." Then I asked, "How could there be a kidnapping without a report of a missing child?" He replied that, "Many foreigners kidnap kids and take them across the border. Once you cross that border, you never know."

When I finally came out of my shock, I realized that what had just happened to my son and me wasn't that strange or unusual. Everyday, thousands of "suspicious looking" Latinos in the US are victims of police harassment, civilian vigilantism, racial paranoia, and cultural misunderstanding. If I had been blonde and my kid dark, the assumption would have been quite different. "Look, how cute. He probably adopted the child." If I had been a Latina, perhaps the assumption would have been, "She's probably the nanny or the babysitter." But the deadly combination is a dark-skinned man with a blonde child. The representations of evil and innocence in the American mythos. My son Guillermito has learned a very sad lesson. His teacher told my ex-wife that since the incident, he has been omitting his father's last name when signing his drawings. He's also falling asleep wherever he goes. His tender mind is unable to understand what exactly happened and why. All he knows is that to go out with daddy can be a dangerous experience.

Commentator Guillermo Gomez-Peña is a performance artist living in Los Angeles. His new book, Warrior for Gringostroika has just been published by Gray Wolf Press.

In the majority Mexican-American City of San Antonio, more than 100 members of that city's Hispanic Police Officers Association have filed a discrimination complaint with the Equal Employment Opportunity Commission. From San Antonio, Linda Cuellar filed this report.

The discrimination complaint was filed at the EEOC in August by 12 Hispanic officers. In the last few days, more than a quarter of the membership of the San Antonio Hispanic Police Officers Association have added their names to the complaint. There are 1,527 uniformed police officers in San Antonio. 594 are Hispanic. The complaint alleges Mexican Americans are not recruited for the force in large enough numbers, that Hispanic officers are treated unfairly in disciplinary actions, and that they are overlooked for promotions within the San Antonio Police Department. The complaint alleges Hispanic officers are forced to work in a hostile environment according to spokesman for the Hispanic Officers Association, Jose Marquez.

We have a situation in San Antonio where Hispanic police officers are forced to listen to radio communications talking about wetbacks and spics in derogatory terms about Hispanics. Now we have a situation in San Antonio where a police officer will call for a translator by saying, "Get me a wetback to translate for this other wetback," and these are documented cases that are going on even today.

The EEOC will complete its investigation in February. San Antonio Police Department and city officials refuse to comment on the complaint, but they have defended the department's personnel practices in the past. 80% of the Hispanic officers filing the complaint have 20 years or more experience on the force. Marquez predicts the case will be taken before a federal judge in the spring.

For Latinos USA, this is Linda Cuellar in San Antonio, Texas.

In the aftermath of the defeat of New York City's first Black mayor incumbent, David Dinkins, Latino leaders in that city are beginning to assess the significance of Mayor-elect Rudolph Giuliani's election for their communities. As the transition period proceeds, both critics and supporters of Republican Giuliani are keeping a watchful eye as to how he might address Latino concerns. From New York, Mario Murillo reports.

New York City Mayor-elect Rudy Giuliani will take office in January, facing the same problems David Dinkins confronted in his four years as mayor, a massive budget deficit, high unemployment, an education system in crisis, and a crime problem that won't go away. Giuliani will also be facing an uneasy Latino electorate which overwhelming voted in favor of his Democratic opponent.

He's going to have to really demonstrate despite the fact that he has a good number of Latinos around him as part of his campaign that he's going to have to work hard at reaching our community.

Angelo Falcon is President of the Institute for Puerto Rican Policy, a nonpartisan think take that explores issues affecting the Latino community. According to its statistics, Giuliani won the election, attracting only 27% of the Latino vote, down from the 33% he received in 1989. Falcon says Giuliani must avoid making some of the same mistakes of his predecessors when dealing with the Latino community.

One of the problems that Dinkins had, and I think any mayor is going to have, is that particularly dealing with Latino issues is that a lot of people don't understand the level of poverty and the level of problems. When I tell people that the poverty rate in the Puerto Rican community is higher than that in the African American community, a lot of people don't believe it.

Latino leaders are looking at three areas and measuring Giuliani's response to their concerns, his appointments, how he handles the police department, and his economic development agenda. One of the people making sure Giuliani doesn't overlook these concerns is Sada Vidal, Co-Chair of Dominicans for Giuliani and a member of the Meyaro Transition Team. Vidal says Giuliani got off to a good start by first asking every political appointment of Dinkins to step down.

The second is that his transition team will be reflective of New York City. We're included in that, and we know that he will include us. He's already doing so. By using our voice and our strengths, we know that we'll be able to build a government that will respond to the needs of our community.

But critics of Giuliani are concerned about what they call "business as usual" in the transition process.

One of our problems is that every time there's an election, we have sectors of our community that swear that the messiah has come, and are quick to denounce anything except accomodation-ism.

National Congress of Puerto Rican Rights spokesperson, Richie Perez, points to certain Latino members of the Giuliani transition team as evidence of a Conservative agenda being followed by the Mayor-elect.

These are people whose views are relative to the Right of Center, who have opposed a number of initiatives supported by the entire community and education. For example, HIV/AIDs curriculum in the public schools.

Another issue of concern is how Giuliani will deal with criminal justice and the police department. Some observers fear a Giuliani Administration would be insensitive to the issue of biased crimes against Latinos. Others express concern about how the former prosecutor would deal with police brutality, especially against the Latino and African American communities. Richie Perez recalled one moment during the campaign which he says may be an indication of things to come under a Guilani Administration.

We were asking him to respond to the firebombing of a home in Howard Beach, where he has a lot of constituents, where he got a lot of votes. We wanted him to go out there and speak on racial healing and harmony to his constituents. There's a major contradiction with being a candidate campaigning on safety and crime issues, and not speaking on biased crime and the safety of people to be free from buying a home in an area and getting bombed because they're Puerto Rican.

Yet supporters of Giuliani say he's been unfairly characterized as insensitive. They believe Giuliani will make the streets of New York safe by applying a strong law and order approach to crime across the board. Apaulinal Trinidal of Dominicans for Giuliani says that for him, this was the most important thing in the election.

I've been active in the community for many years, and I saw the condition of life in New York City, particularly in my neighborhood in Washington Heights, deteriorate and it was shocking to me, up to the point where my son was afraid to walk in the streets. When the pardon is confronted with our reality and you have a government that the only thing they'll find is excuses, and don't want to accept responsibility for the conditions which exist in our barrio, I say, this is enough.

So far, there have been mixed signals from the Guilani team. Immediately after his election night victory, he met with leaders of the Latino community, including Bronx Borough President Fernando Ferrer, the highest Latino elected official in New York City. At the same time, he failed to initially make contact with representatives Jose Serano and Nidia Velasquez, Puerto Rican Congress members with a strong base in the community. Nevertheless, it's just a matter of time before we can see if the forecast, both supportive and critical of Giuliani, come true. For Latino USA, I'm Mario Murillo in New York.