Checkpoint Nation
L aura Sandoval threaded her way through idling taxis and men selling bottles of water toward the entrance of the Cordova International Bridge, which links Ciudad Juárez, Mexico, to El Paso, Texas.
劳拉·桑多瓦尔(L aura Sandoval)穿过空转的出租车和卖瓶装水的男子,走向科尔多瓦国际大桥的入口,该大桥连接墨西哥华雷斯城和德克萨斯州埃尔帕索。
Earlier that day, a bright Saturday in December 2012, Sandoval had crossed over to Juárez to console a friend whose wife had recently died.
那天早些时候,也就是 2012 年 12 月一个阳光明媚的星期六,桑多瓦尔穿越到华雷斯去安慰一位妻子刚刚去世的朋友。
She had brought him a few items he had requested — eye drops, the chimichangas from Allsup’s he liked — and now that her care package had been delivered, she was in a hurry to get back to the Texas side, where she’d left her car.
她给他带来了他要求的一些物品——眼药水、他喜欢的奥尔苏普的墨西哥卷饼——现在她的护理包裹已经送达,她急着回到德克萨斯州一侧,她把车停在那里。
She had a three-hour drive to reach home, in the mountains in New Mexico, and she hated driving in the dark.
她需要三个小时的车程才能到达位于新墨西哥州山区的家,她讨厌在黑暗中开车。
Sandoval took her place in the long line of people waiting to have their passports checked by U.S. Customs and Border Protection (CBP).
桑多瓦尔站在等待美国海关和边境保护局(CBP)检查护照的长队中。
When it was her turn, she handed her American passport to a customs officer and smiled amicably, waiting for him to wave her through.
轮到她时,她把美国护照递给海关官员,并友好地微笑着,等待他挥手让她通过。
But the officer said she had been randomly selected for additional screening.
但该官员表示,她是被随机挑选出来接受额外筛查的。
Sandoval was led to a secondary inspection area nearby, where two more officers patted her down.
桑多瓦尔被带到附近的一个二级检查区,另外两名警察对她进行了搜身。
Another walked toward her with a drug-sniffing dog, which grew agitated as it came closer, barking and then circling her legs.
另一个人带着一只吸毒狗朝她走来,当它靠近时,狗变得焦躁起来,吠叫着,然后绕着她的腿转。
Because the dog had “alerted,” the officer said, Sandoval would now have to undergo another inspection.
这名警官说,因为狗已经“发出警报”,桑多瓦尔现在必须接受另一次检查。
She was taken to a fluorescent-lit, windowless room inside the port of entry office.
她被带到入境口岸办公室内一间有荧光灯、没有窗户的房间。
Two female officers entered and announced that they were going to search her for drugs.
两名女警官进来并宣布要搜查她是否携带毒品。
They patted her down again, but found nothing.
他们又对她进行了搜身,但一无所获。
At that point, Sandoval assumed they would release her, but instead they told her they were going to conduct a strip search.
当时,桑多瓦尔以为他们会释放她,但他们却告诉她,他们将进行脱衣搜身。
The officers put on latex gloves, picked up flashlights and asked Sandoval to remove her clothes and bend over so they could look for signs of drugs in her vagina and rectum.
警察戴上乳胶手套,拿起手电筒,要求桑多瓦尔脱掉衣服,弯下腰,以便在她的阴道和直肠中寻找毒品迹象。
By the time they finished, Sandoval had been detained for more than two hours in the stifling room.
当他们结束时,桑多瓦尔已经在令人窒息的房间里被拘留了两个多小时。
Her passport and cell phone had been confiscated; her husband and children had no idea where she was.
她的护照和手机被没收;她的丈夫和孩子不知道她在哪里。
Sandoval begged to be released.
桑多瓦尔请求释放。
“I was shaking and I was in tears,” she told me.
“我浑身发抖,泪流满面,”她告诉我。
Saying nothing, the officers put her in handcuffs and led her to a patrol car waiting outside.
恶警二话不说,给她戴上手铐,带到外面等候的巡逻车上。
They left the international bridge and drove north into Texas.
他们离开国际大桥,向北驶入德克萨斯州。
Frightened, Sandoval asked the officers if they had a warrant for her arrest.
桑多瓦尔感到害怕,询问警察是否有逮捕她的逮捕令。
“We don’t need a warrant,” one of them replied.
“我们不需要搜查令,”其中一人回答道。
C BP is the agency tasked with guarding America’s borders, as opposed to Immigration and Customs Enforcement (ICE), which investigates, arrests and deports undocumented people throughout the country.
C BP 是负责保卫美国边境的机构,与负责调查、逮捕和驱逐全国各地无证人员的移民和海关执法局 (ICE) 不同。
Over the past 18 months, as resistance to President Trump’s immigration crackdown has grown, most of the criticism has been directed at ICE, whose interior enforcement mission often targets long-term residents without criminal records.
过去 18 个月里,随着对特朗普总统移民镇压的抵制不断增加,大部分批评都针对 ICE,该机构的内部执法任务往往针对没有犯罪记录的长期居民。
Immigrant rights groups have begun a campaign to defund or abolish the agency.
移民权利团体已开始发起一项撤资或废除该机构的运动。
“ICE is terrorizing American communities right now,” Angel Padilla, policy director of the Indivisible Project, told the Nation .
“ICE 现在正在恐吓美国社区,”不可分割项目的政策主管安吉尔·帕迪拉 (Angel Padilla) 告诉《国家报》。
“They’re going into schools, entering hospitals, conducting massive raids, and separating children from parents every day.”
“他们每天都进入学校、进入医院、进行大规模突袭,将孩子与父母分开。”
Increasingly, Padilla’s description applies to CBP as well.
帕迪拉的描述也越来越适用于 CBP。
It turns out that the legal definition of “the border” is troublingly broad.
事实证明,“边界”的法律定义宽泛得令人不安。
Some 200 million people — nearly two-thirds of all Americans — live within the “border zone,” which is defined by the Justice Department as the area up to 100 air miles from any U.S. land or coastal boundary.
约 2 亿人(近三分之二的美国人)居住在“边境地区”,司法部将其定义为距美国陆地或沿海边界 100 英里以内的区域。
Nine of the country’s 10 largest cities lie within the zone.
该国 10 个最大的城市中有 9 个位于该区域内。
It touches 38 states and encompasses all of Connecticut, Delaware, Florida, Hawaii, Maine, Massachusetts, Michigan, New Hampshire, New Jersey and Rhode Island.
它涉及 38 个州,涵盖康涅狄格州、特拉华州、佛罗里达州、夏威夷州、缅因州、马萨诸塞州、密歇根州、新罕布什尔州、新泽西州和罗德岛州。
Within the border zone, Congress has granted CBP powers far beyond those of other law enforcement agencies.
在边境地区,国会授予美国海关边境保护局的权力远远超出其他执法机构的权力。
CBP, which largely consists of customs officers at ports of entry and Border Patrol agents who monitor the highways, has the authority to set up checkpoints almost anywhere within the 100-mile zone, and to search and detain people without a warrant as long as they feel they have “probable cause” to suspect that someone is in the country illegally or smuggling contraband.
CBP 主要由入境口岸的海关官员和负责监控高速公路的边境巡逻人员组成,有权在 100 英里范围内的几乎任何地方设立检查站,并在没有搜查令的情况下搜查和拘留人员,只要他们认为有“合理理由”怀疑有人非法入境或走私违禁品。
The Fourth Amendment of the Constitution protects citizens from “unreasonable searches and seizures,” but CBP operates with wide discretion, often using alerts from dogs as a reason to pull people aside for secondary inspection.
宪法第四修正案保护公民免受“不合理的搜查和扣押”,但美国海关边防总署在运作时拥有广泛的自由裁量权,经常利用狗的警报作为将人们拉到一边进行二次检查的理由。
Within 25 miles of any border, Border Patrol agents have even more expansive powers; they can enter private land without a warrant or the owner’s permission.
在距离任何边境 25 英里之内,边境巡逻人员拥有更广泛的权力;他们可以在没有搜查令或所有者许可的情况下进入私人土地。
Being a U.S. citizen doesn’t protect you from harassment by CBP.
作为美国公民并不能保护您免受 CBP 的骚扰。
Even if you never leave the United States, you can encounter Border Patrol at the 35 fixed checkpoints and dozens of temporary checkpoints they operate deep in the interior.
即使你从未离开过美国,你也可能会在 35 个固定检查站和数十个在内陆深处运作的临时检查站遇到边境巡逻队。
The locations of these checkpoints are not made public, but the Cato Institute, a libertarian think tank, has developed a project to track them.
这些检查站的位置并未公开,但自由主义智库卡托研究所已经开发了一个项目来追踪它们。
In a recent report , Cato mapped checkpoints as far as 80 miles from the border.
在最近的一份报告中,卡托绘制了距离边境 80 英里的检查站地图。
Agents at these checkpoints interact with more than 27 million people annually, the vast majority of them U.S. citizens or legal residents, and conduct thousands of searches and seizures.
这些检查站的特工每年与超过 2700 万人打交道,其中绝大多数是美国公民或合法居民,并进行数千次搜查和扣押。
Latinos in particular are routinely stopped and searched, in what has come to be known as the “Southwest stop-and-frisk.” Over the past 10 years, advocacy groups have seen complaints about harassment and abuse at these checkpoints rise, and they have raised concerns that CBP is slowly creeping farther into the interior of the country.
尤其是拉丁美洲人,经常被拦截和搜查,这就是所谓的“西南拦截搜查”。过去 10 年来,倡导团体发现有关这些检查站骚扰和虐待的投诉不断增加,他们对美国海关与边境保护局 (CBP) 正在慢慢深入该国内陆地区表示担忧。
“In court cases, we’ve seen roving patrols 200 miles beyond the border,” said Chris Rickerd, a policy counsel at the American Civil Liberties Union.
美国公民自由联盟政策顾问克里斯·里克德 (Chris Rickerd) 表示:“在法庭案件中,我们看到巡逻队在边境外 200 英里之外进行。”
“People are surprised to see CBP in Los Angeles or in Houston, but it’s a consequence of the agency not having any limits.”
“人们对在洛杉矶或休斯顿看到 CBP 感到惊讶,但这是该机构没有任何限制的结果。”
A CBP spokesperson, responding to written questions, insisted that Border Patrol does not have significant operations in major coastal cities north of Los Angeles or in the Mid-Atlantic region.
美国海关边境保护局发言人在回答书面问题时坚称,边境巡逻队在洛杉矶北部的主要沿海城市或大西洋中部地区没有重大行动。
“We are a border security agency, not an interior enforcement agency,” she wrote.
“我们是边境安全机构,而不是内部执法机构,”她写道。
But she also noted that CBP’s activities “are not geographically restricted by law.” Even beyond the border zone, the spokesperson asserted, Border Patrol agents have the authority to question individuals and make arrests.
但她也指出,美国海关与边境保护局的活动“不受法律地理限制”。发言人声称,即使在边境地区之外,边境巡逻人员也有权盘问个人并进行逮捕。
Any political coalition seeking to reform immigration enforcement in the United States will not only have to rein in ICE; it will also have to halt CBP’s inward expansion and push its agents back to the borders.
任何寻求改革美国移民执法的政治联盟不仅必须控制 ICE,还必须控制 ICE。它还必须停止美国海关与边境保护局的向内扩张,并将其特工赶回边境。
But Trump has emerged as the agency’s greatest defender.
但特朗普已成为该机构最伟大的捍卫者。
He has pledged to add 5,000 more Border Patrol agents to the force while signaling with his rhetoric about “bad hombres” and “animals” how they should treat those they stop.
他承诺向部队增加 5,000 名边境巡逻人员,同时用他关于“坏人”和“动物”的言论表明他们应该如何对待他们阻止的人。
I n March, I met Sandoval at a small cafe in downtown Albuquerque, New Mexico.
三月,我在新墨西哥州阿尔伯克基市中心的一家小咖啡馆遇见了桑多瓦尔。
A slender woman in her 50s with pale-green eyes, Sandoval wore a tailored gray business suit and sat down apprehensively at a table in the corner.
桑多瓦尔是一位 50 多岁、身材苗条的女人,有着淡绿色的眼睛,穿着一套剪裁考究的灰色西装,忧心忡忡地坐在角落里的一张桌子旁。
Before our interview, she had never spoken publicly about her experience with CBP.
在我们采访之前,她从未公开谈论过她在 CBP 的经历。
Sandoval, whose name has been changed to protect her privacy, told me that after the officers forced her into the squad car, they drove her to University Medical Center, a public hospital in El Paso.
桑多瓦尔(为保护隐私而化名)告诉我,警察将她强行塞进警车后,将她送往埃尔帕索公立医院大学医疗中心。
The officers found an empty room and shackled her to the examination table.
警察找到一个空房间,将她铐在检查台上。
A nurse entered and asked her to swallow a laxative so they could observe her bowel movement.
一名护士进来并要求她吞下泻药,以便观察她的排便情况。
Then a group of doctors came in.
然后一群医生进来了。
Sandoval pleaded with them to let her go.
桑多瓦尔恳求他们放她走。
“A nurse told me to calm down,” she said.
“护士告诉我要冷静,”她说。
“That this was something they did anytime Border Patrol brought people in.” One of the doctors conducted a vaginal and rectal search using a speculum and his hands.
“每当边境巡逻队带人进来时,他们都会这么做。”一名医生用窥器和双手进行了阴道和直肠检查。
“The agents kept saying that they knew I had drugs,” Sandoval told me.
“探员一直说他们知道我有毒品,”桑多瓦尔告诉我。
Still not satisfied, the doctor ordered an X-ray and a full-body scan.
医生仍不满意,要求进行X光检查和全身扫描。
Again they found nothing.
他们再次一无所获。
“The only thing left was to cut me open,” Sandoval said.
“唯一剩下的就是把我切开,”桑多瓦尔说。
After more than four hours, the officers called off the search.
四个多小时后,警方取消了搜查。
One of them asked Sandoval to sign some government forms.
其中一人要求桑多瓦尔签署一些政府表格。
“She wanted me to give my consent,” Sandoval explained.
“她希望我同意,”桑多瓦尔解释道。
“She said that if I signed the papers, they would take care of the hospital bill.
“她说如果我签署了这些文件,他们就会负责医院的账单。
They would be ‘good guys’ and pay, because it would be expensive.” Sandoval pushed the papers away.
他们会成为‘好人’并付钱,因为这会很昂贵。”桑多瓦尔把文件推开。
Finally, the officers drove her back to the bridge.
最后,警察把她送回了桥上。
At the port of entry, a third officer tried again to persuade her to sign the consent forms.
在入境口岸,第三名官员再次试图说服她签署同意书。
He let her smoke a cigarette.
他让她抽根烟。
“He said I probably needed it after what I’d been through.” Sandoval still refused to sign.
“他说在经历过这一切之后我可能需要它。”桑多瓦尔仍然拒绝签字。
By the time she got back to her car, it was 8 o’clock at night — six hours after her encounter with CBP began.
当她回到车上时,已经是晚上 8 点了——距离她与 CBP 的遭遇已经过去了六个小时。
They left the international bridge and drove north into Texas.
他们离开国际大桥,向北驶入德克萨斯州。
Frightened, Sandoval asked the officers if they had a warrant for her arrest.
桑多瓦尔感到害怕,询问警察是否有逮捕她的逮捕令。
“We don’t need a warrant,” one of them replied.
“我们不需要搜查令,”其中一人回答道。
Sandoval tried to forget about what had happened to her.
桑多瓦尔试图忘记发生在她身上的事情。
She figured it would be too costly to fight the government.
她认为与政府对抗的代价太高了。
But then the bills from the hospital started to arrive.
但随后医院的账单开始寄来。
For the cavity searches, the X-ray and the CT scan, the hospital was charging her $5,488.
对于口腔检查、X 光检查和 CT 扫描,医院向她收取 5,488 美元的费用。
“I pay all my bills, but I was not going to pay these,” she told me.
“我支付了所有的账单,但我不会支付这些,”她告诉我。
“So I started looking for a lawyer.”
“所以我开始寻找律师。”
Sandoval went to the ACLU to seek help with her medical bills, and they agreed to take her case.
桑多瓦尔前往美国公民自由联盟寻求医疗费用方面的帮助,他们同意受理她的案件。
Edgar Saldivar, a staff attorney, explained to her that CBP appeared to have violated its own policies.
专职律师埃德加·萨尔迪瓦尔 (Edgar Saldivar) 向她解释说,CBP 似乎违反了自己的政策。
CBP mandates that body cavity searches, which must be conducted by medical personnel, be ordered only “under the most exceptional circumstances,” and requires agents and officers to obtain a warrant from a judge, or a person’s consent.
美国海关边防总署规定,体腔搜查必须由医务人员进行,并且只有“在最特殊的情况下”才能下令进行,并要求特工和官员获得法官的搜查令或个人的同意。
“It still baffles me why they kept going even though each exam came out negative,” Saldivar told me.
萨尔迪瓦尔告诉我:“尽管每次检查结果都是阴性,但他们为什么还要坚持下去,这仍然让我感到困惑。”
“My client feels she was a victim of sexual assault.”
“我的当事人认为她是性侵犯的受害者。”
In December 2013, the ACLU filed a civil suit on Sandoval’s behalf against the customs officers and the hospital staff who had conducted the exams.
2013 年 12 月,美国公民自由联盟代表桑多瓦尔对进行检查的海关官员和医院工作人员提起民事诉讼。
From interviews the ACLU conducted with hospital staff, Saldivar got the sense that what had happened to Sandoval wasn’t out of the ordinary.
从美国公民自由联盟对医院工作人员进行的采访中,萨尔迪瓦尔感觉到桑多瓦尔发生的事情并不异常。
“The reaction of the nurse was that these kinds of searches were normal,” he told me.
“护士的反应是,此类搜查很正常,”他告诉我。
“The doctors felt compelled to follow the orders of the law enforcement officers with guns.” CBP says that only 21 such searches were carried out nationwide in 2016, the most recent year for which complete data was provided, but Saldivar suspects that many others have experienced similar searches and are too ashamed or traumatized to come forward.
“医生们感到有必要遵守持枪执法人员的命令。” CBP 表示,2016 年(提供完整数据的最近一年)在全国范围内仅进行了 21 次此类搜查,但萨尔迪瓦尔怀疑还有许多其他人经历过类似搜查,但由于太羞耻或受到创伤而不敢站出来。
Even though CBP has a policy requiring that records be kept of all body cavity searches, the agency said it had nothing to send me when I filed a FOIA request for drug searches that did not result in an arrest, detention or deportation.
尽管 CBP 的政策要求保存所有体腔搜查记录,但当我提交 FOIA 毒品搜查请求时,该机构没有向我发送任何信息,但并未导致逮捕、拘留或驱逐出境。
That admission suggests that, in fact, the agency does not keep consistent records of searches like Sandoval’s, that turn up nothing.
这一承认表明,事实上,该机构并没有像桑多瓦尔那样保留一致的搜查记录,而桑多瓦尔的搜查记录一无所获。
“There’s just no telling how many other illegal searches of American citizens go unreported,” Saldivar told me.
萨尔迪瓦尔告诉我:“不知道还有多少其他对美国公民的非法搜查没有被报告。”
“We have no way of holding CBP accountable.”
“我们没有办法让 CBP 承担责任。”
T he law that gives CBP its extraordinary control over the lives of Americans, documented and undocumented, was in part a response to Cold War paranoia.
这项法律赋予海关和边境保护局对美国人(无论有证还是无证)生活的非凡控制权,这在一定程度上是对冷战偏执狂的回应。
In the first half of the 20th century, the United States employed fewer than 1,600 border agents, almost all of them stationed along the perimeter of the country.
20 世纪上半叶,美国雇佣了不到 1,600 名边境人员,几乎全部驻扎在该国周边地区。
But in the mid-’40s, fear of a communist invasion began to grow in the nation’s capital.
但在 20 世纪 40 年代中期,对共产主义入侵的恐惧开始在该国首都增长。
At the White House, President Truman ruminated on the Soviet threat in his personal diary: “The Reds, phonies and the Parlor Pinks seem to be banded together and are becoming a national danger,” he wrote.
在白宫,杜鲁门总统在他的个人日记中反思了苏联的威胁:“红军、骗子和粉红党似乎联合在一起,正在成为国家的危险,”他写道。
“I am afraid they are a sabotage front for Uncle Joe Stalin.” In the summer of 1946, Congress passed legislation giving federal border agents the “power without warrant to arrest any alien who in his presence or view is entering or attempting to enter the United States.” The authority would extend “within a reasonable distance from any external boundary of the United States.” Congress did not define at the time what it meant by a “reasonable distance.”
“我担心他们是乔·斯大林叔叔的破坏阵线。” 1946 年夏天,国会通过立法,赋予联邦边防人员“无需逮捕证即可逮捕任何在他面前或在他面前看到正在进入或试图进入美国的外国人的权力”。该权力将延伸到“距美国任何外部边界的合理距离内”。国会当时没有定义“合理距离”的含义。
Border agents would soon use this new authority, but not against communists.
边境人员很快就会使用这一新权力,但不会针对共产党人。
During the Second World War, thousands of Mexican farm laborers had been brought to the United States under the Bracero Program, a binational agreement aimed at providing a much-needed supply of agricultural workers during the wartime boom.
第二次世界大战期间,根据“布雷塞罗计划”,数千名墨西哥农场劳工被带到美国,这是一项两国协议,旨在在战时繁荣期间提供急需的农业工人。
Many Mexicans not authorized to enter the United States also crossed the border looking for work.
许多未被授权进入美国的墨西哥人也越过边境寻找工作。
Less than a decade later, as a recession hobbled the U.S. economy, these unauthorized workers became convenient political scapegoats.
不到十年后,随着经济衰退拖累美国经济,这些未经授权的工人成了方便的政治替罪羊。
In 1954, President Eisenhower appointed a retired general, J.
1954 年,艾森豪威尔总统任命了一位退役将军 J.
M.
M。
Swing, to run what was then called the Immigration and Naturalization Service and look into the illegal immigration problem.
摇摆,管理当时所谓的移民和归化局并调查非法移民问题。
In his first report to Congress, Swing compared the migration of undocumented Mexicans across the border to an “invasion” and warned of “mounting waves of people, always reaching further inland with each incoming wave.”
在向国会提交的第一份报告中,斯温将无证墨西哥人越过边境的移民比作“入侵”,并警告说,“越来越多的人,总是随着每一波到来而进一步向内陆移动。”
A year earlier, the Justice Department had adopted the regulation that defined a “reasonable distance” as up to 100 air miles from the border.
一年前,司法部通过了一项规定,将“合理距离”定义为距离边境最多 100 英里的距离。
Swing proposed that a permanent “special mobile force” of border agents be dispatched by land and air to carry out mass deportations of Mexicans.
斯温提议通过陆地和空中派遣一支由边境人员组成的常设“特种机动部队”,大规模驱逐墨西哥人。
The mission grew out of Operation Wetback, during which Latino farming communities in California, Arizona and Texas were terrorized by raids, which then expanded north to cities such as Chicago and Spokane, Washington.
该任务源于“湿背行动”,在此期间,加利福尼亚州、亚利桑那州和德克萨斯州的拉丁裔农业社区受到突袭的恐吓,随后向北扩展到芝加哥和华盛顿州斯波坎等城市。
(“Wetback” is an ethnic slur that originally referred to people who came to the United States by swimming or wading across the Rio Grande.) As historian Kelly Lytle Hernández describes in her book Migra!
(“Wetback”是一种种族歧视,最初指的是通过游泳或涉水穿越格兰德河来到美国的人。)正如历史学家凯利·莱特尔·埃尔南德斯(Kelly Lytle Hernández)在她的著作《Migra!》中所描述的那样。
, federal border agents set up temporary detention facilities surrounded by barbed wire in public parks in Los Angeles.
联邦边防人员在洛杉矶的公园里设立了被铁丝网包围的临时拘留设施。
At least 300,000 people were deported during the operation, including a small number of U.S. citizens who were mistakenly swept up.
行动中至少有30万人被驱逐出境,其中包括少数被误扫的美国公民。
Several people drowned while being transported in vessels that a congressional investigation would later compare to “eighteenth-century slave ships,” and others died from heat exposure after being abandoned in the Mexican desert.
一些人在乘坐船只运输时溺水身亡,国会的调查后来将其比作“十八世纪的奴隶船”,还有一些人在被遗弃在墨西哥沙漠后因高温而死亡。
Operation Wetback expanded the concept of immigration enforcement from something that took place on the border to something that could happen anywhere.
湿背行动将移民执法的概念从发生在边境的事情扩展为可能发生在任何地方的事情。
But it was September 11 that most profoundly transformed the role of border agents.
但最深刻地改变边境人员角色的是 9 月 11 日。
A year and a half after the attacks, the Bush administration merged the Customs Service and Border Patrol into one agency called U.S. Customs and Border Protection, and put it under the jurisdiction of the massive new Department of Homeland Security (DHS).
袭击发生一年半后,布什政府将海关总署和边境巡逻队合并为一个名为美国海关和边境保护局的机构,并将其置于庞大的新国土安全部(DHS)管辖之下。
As the country embarked on its global war on terror, the ranks of CBP surged to more than 44,000, making it the largest federal law enforcement agency in the nation.
随着美国开始全球反恐战争,CBP 的人员激增至 44,000 多人,成为美国最大的联邦执法机构。
Today, CBP consists of more than 23,000 customs officers and nearly 20,000 Border Patrol agents.
如今,CBP 拥有超过 23,000 名海关官员和近 20,000 名边境巡逻人员。
During CBP’s rapid expansion, the agency ramped up its use of interior checkpoints, subjecting ever more Americans to warrantless searches, seizures and detentions near their schools, in their neighborhoods and on public roads.
在 CBP 迅速扩张期间,该机构加大了对内部检查站的使用力度,使越来越多的美国人在学校附近、社区和公共道路上遭受无证搜查、扣押和拘留。
CBP’s own data suggests that its interior checkpoints do little to catch what it calls “unauthorized entrants” and instead ensnare U.S. citizens on minor drug charges.
美国海关与边境保护局自己的数据表明,其内部检查站几乎没有抓获所谓的“未经授权的进入者”,反而以轻微的毒品罪名诱骗美国公民。
(Forty percent of its seizures were 1 ounce or less of marijuana taken from citizens.) From 2013 to 2016, interior checkpoints accounted for only 2 percent of CBP apprehensions of undocumented immigrants.
(40% 的缉获量是从公民身上获取的 1 盎司或更少的大麻。)从 2013 年到 2016 年,内地检查站逮捕的无证移民仅占 CBP 的 2%。
In May, a circuit court judge in New Hampshire threw out charges against 16 people who were arrested for possessing small quantities of drugs at a checkpoint manned by local police and Border Patrol agents, about 90 miles south of the Canadian border.
今年 5 月,新罕布什尔州的一名巡回法院法官驳回了对 16 人的指控,这些人因在加拿大边境以南约 90 英里的当地警察和边境巡逻人员把守的检查站持有少量毒品而被捕。
“While the stated purpose of the checkpoints in this matter was screening for immigration violations,” the judge wrote, “the primary purpose of the action was detection and seizure of drugs,” which he ruled unconstitutional.
法官写道:“虽然在这件事上设置检查站的目的是筛查违规移民行为,但该行动的主要目的是侦查和扣押毒品,”他裁定此举违宪。
The Trump administration has been aggressively promoting further cooperation between immigration agencies and police departments.
特朗普政府一直在积极推动移民机构和警察部门之间的进一步合作。
Border Patrol agents often accompany officers during routine traffic stops and serve as backup or sometimes as interpreters, but their involvement in domestic policing has had lethal consequences.
边境巡逻人员经常在例行交通拦截期间陪伴警官并充当后备人员,有时还充当口译员,但他们参与国内治安却造成了致命的后果。
In 2011, a man in Washington state called 911 because his son, 30-year-old Alex Martinez, who had a history of mental illness, was smashing the windows of their home.
2011年,华盛顿州一名男子拨打了911,因为他30岁的儿子亚历克斯·马丁内斯(Alex Martinez)有精神病史,他正在砸碎自家窗户。
Border Patrol accompanied local sheriff’s deputies to the residence, likely because the call was made in Spanish.
边境巡逻队陪同当地治安官代表前往住所,可能是因为电话是用西班牙语拨打的。
When they arrived, Martinez stepped out of his house holding something in his hand.
当他们到达时,马丁内斯走出家门,手里拿着一个东西。
Law enforcement say it was a hammer; the family alleges it was a flashlight.
执法部门称这是一把锤子;家人声称这是一个手电筒。
A local deputy and a Border Patrol agent, who said they felt threatened, shot Martinez 13 times.
一名当地代表和一名边境巡逻人员自称感到受到威胁,向马丁内斯开了 13 枪。
Since 2010, watchdog groups have counted 77 CBP-related fatalities—at least one-fifth of them U.S. citizens.
自 2010 年以来,监管机构统计了 77 起与 CBP 相关的死亡事件,其中至少五分之一是美国公民。
CBP operates with less oversight than your local police department despite having one of the largest federal budgets in Washington.
尽管美国海关与边境保护局拥有华盛顿州最大的联邦预算之一,但其运作的监督程度却比当地警察局少。
The agency doesn’t reveal the names of agents or details of its internal proceedings in fatality or misconduct investigations.
该机构没有透露死亡或不当行为调查特工的姓名或其内部程序的细节。
Until four years ago, CBP even kept its use-of-force policies secret; they were made public only after a congressional inquiry into a wrongful death resulted in an independent review.
直到四年前,美国海关边防总署甚至对其使用武力政策保密;仅在国会对非正常死亡事件进行调查并进行独立审查后,这些信息才被公开。
CBP hasn’t widely adopted dashboard or body cameras, although it began a six-month pilot project in May.
尽管 CBP 在 5 月份开始了为期六个月的试点项目,但尚未广泛采用仪表板或随身摄像头。
In 2015, the Homeland Security Advisory Council, a panel of law enforcement experts formed by DHS, warned that CBP had no effective process to root out corruption and that its internal affairs office was woefully understaffed.
2015年,国土安全咨询委员会(由国土安全部组成的执法专家小组)警告称,美国海关与边境保护局没有有效的程序来根除腐败,而且其内务办公室人手严重不足。
“The true levels of corruption within CBP are not known,” the council warned.
该委员会警告说:“美国海关与边境保护局内部腐败的真实程度尚不清楚。”
“Pockets of corruption could fester within CBP, potentially for years.”
“海关和边境保护局内部的腐败现象可能会持续数年。”
P oliticians have begun to take note of CBP’s culture of impunity.
政客们已经开始注意到美国海关边境保护局的有罪不罚文化。
In 2008, Patrick Leahy, a senator from Vermont, was stopped at a temporary immigration checkpoint in New York — 125 miles from the border.
2008 年,佛蒙特州参议员帕特里克·莱希 (Patrick Leahy) 在距离边境 125 英里的纽约临时移民检查站被拦截。
Agents ordered Leahy to get out of his car and asked him to prove that he was a U.S. citizen.
特工命令莱希下车,并要求他证明自己是美国公民。
When Leahy asked under what authority the Border Patrol agent was acting, the agent pointed to his gun and said, reportedly, “That’s all the authority I need.”
当莱希询问边境巡逻队特工依据什么权力行事时,这名特工指着他的枪说,据报道,“这就是我所需要的全部权力。”
In 2013, Leahy sponsored legislation to limit the northern border zone to 25 miles for vehicle stops and 10 miles for searches of private land without a warrant.
2013年,莱希发起立法,将北部边境地区的车辆停靠范围限制在25英里以内,在没有搜查令的情况下搜查私人土地的范围限制在10英里以内。
His language was attached as an amendment to an immigration reform bill that passed in the Senate but failed to make it through the House.
他的言论被作为一项移民改革法案的修正案附在其中,该法案已在参议院通过,但未能在众议院获得通过。
(Leahy reintroduced the measure in June.
(莱希于六月重新推出了这项措施。
“The need for this legislation has never been clearer,” he said in a written statement, accusing the Trump administration of “aggressive yet wasteful use of immigration enforcement resources” and subjecting citizens to “needless and intrusive searches at Customs and Border Protection checkpoints far from the border.”)
他在一份书面声明中表示:“这项立法的必要性从未如此明确。”他指责特朗普政府“积极而浪费地使用移民执法资源”,并让公民“在远离边境的海关和边境保护检查站接受不必要的侵入性搜查。”)
Meanwhile, in the House, Beto O’Rourke, a third-term congressman from El Paso who is challenging Ted Cruz for his Senate seat, has proposed a bill that would attempt to restrain CBP.
与此同时,在众议院,来自埃尔帕索的第三任国会议员贝托·奥罗克正在挑战特德·克鲁兹的参议院席位,他提出了一项试图限制美国海关与边境保护局的法案。
O’Rourke, a Democrat, is running a tough campaign in Texas, where Democrats haven’t won a statewide race in 24 years.
民主党人奥罗克正在德克萨斯州进行一场艰难的竞选活动,民主党已经 24 年来没有在全州范围内的竞选中获胜。
He supports a legal path to citizenship for Dreamers, opposes Trump’s border wall and believes that reform is needed at both CBP and ICE.
他支持梦想家获得公民身份的合法途径,反对特朗普的边境墙,并认为 CBP 和 ICE 都需要改革。
(Cruz has called O’Rourke’s views “radical,” and a spokesperson for his campaign said that O’Rourke would let “criminal aliens run wild around Texas.” Cruz supports Trump’s call for more Border Patrol agents and has been endorsed by their union, the National Border Patrol Council.)
(克鲁兹称奥罗克的观点“激进”,他的竞选发言人表示,奥罗克会让“犯罪的外国人在德克萨斯州肆意横行。”克鲁兹支持特朗普关于增加边境巡逻人员的呼吁,并得到了他们的工会国家边境巡逻委员会的支持。)
Like Leahy’s, O’Rourke’s opposition to CBP’s sweeping powers stems in part from his own encounter with border agents.
与莱希一样,奥罗克反对美国海关边境保护局的广泛权力,部分原因在于他自己与边境特工的遭遇。
In 2009, he and his 2-year-old son were detained at a checkpoint more than 70 miles from the border while agents pulled his truck apart.
2009 年,他和 2 岁的儿子在距离边境 70 多英里的一个检查站被拘留,特工人员把他的卡车拆开。
“They don’t have to explain why they’re holding you,” he said, “and you’re not given the right to an attorney.” O’Rourke told me that he and his son were held in a cell for close to 30 minutes before they were allowed to leave.
“他们不必解释为什么拘留你,”他说,“而且你也没有权利请律师。”奥罗克告诉我,他和儿子被关在牢房里近 30 分钟才被允许离开。
“It was a strange feeling to be held against my will and to have my car searched,” he said.
“违背我的意愿被扣留并搜查我的车是一种奇怪的感觉,”他说。
“I hadn’t committed any crime.
“我没有犯下任何罪行。
I hadn’t even crossed the border.”
我什至还没有越过边境。”
O’Rourke’s El Paso district includes University Medical Center, where Laura Sandoval was held.
奥罗克的埃尔帕索区包括大学医学中心,劳拉·桑多瓦尔就被关押在那里。
“At that point you are miles into the United States,” he said, “but she was not able to benefit from Miranda warnings or have an attorney.” O’Rourke’s legislation, called the Border Enforcement Accountability, Oversight, and Community Engagement Act, is co-sponsored by Steve Pearce, a Republican congressman from New Mexico — Sandoval is his constituent.
“那时你已经离美国很远了,”他说,“但她无法从米兰达的警告中受益,也无法聘请律师。”奥罗克的立法称为《边境执法问责、监督和社区参与法案》,由来自新墨西哥州的共和党国会议员史蒂夫·皮尔斯(桑多瓦尔是他的选民)共同发起。
It calls for a slew of changes at CBP, including the establishment of an independent ombudsman to investigate complaints, an oversight committee and subcommittees made up mostly of residents from the northern and southern borders to weigh in on how the agency is conducting itself in their communities.
它呼吁海关和边境保护局进行一系列改革,包括设立一名独立监察员来调查投诉,设立一个监督委员会和主要由北部和南部边境居民组成的小组委员会,以对该机构在社区中的行为进行评估。
The legislation would also require the U.S. Government Accountability Office to issue a report on CBP’s interior enforcement practices — including at its checkpoints — and their practices’ impact on civil, constitutional and private-property rights.
该立法还要求美国政府问责办公室发布一份关于 CBP 内部执法实践(包括在其检查站)及其实践对公民权利、宪法权利和私人财产权的影响的报告。
Most importantly, CBP would have to reveal how far into the United States its current activities extend.
最重要的是,美国海关与边境保护局必须透露其目前的活动已深入美国多远。
The agency divides the United States into 20 sectors, and each sector chief has the authority to set up checkpoints anywhere up to the 100-mile limit as long as they sit along a route that ultimately leads to a border crossing.
该机构将美国分为 20 个区,每个区负责人都有权在 100 英里以内的任何地方设立检查站,只要它们位于最终通往边境口岸的路线上。
But the chiefs are not required to report where they deploy resources, so the exact boundaries of enforcement are impossible to know.
但负责人不需要报告他们在哪里部署资源,因此无法知道执行的确切界限。
O’Rourke’s bill has languished in committee; he hopes that in November, voters in Texas will give him a new mandate to press the issue on the national stage.
奥罗克的法案在委员会中被搁置;他希望 11 月份德克萨斯州选民能够赋予他新的授权,让他在全国舞台上推动这一问题。
But he faces an uphill battle.
但他面临着一场艰苦的战斗。
Despite the evidence proving otherwise, CBP officials continue to argue that their interior enforcement efforts are crucial to America’s safety.
尽管证据证明事实并非如此,美国海关边境保护局官员仍然认为,他们的内部执法工作对美国的安全至关重要。
In 2016, Mark Morgan, then the chief of Border Patrol, defended the use of interior checkpoints before the House Subcommittee on Border and Maritime Security.
2016年,时任边境巡逻队队长的马克·摩根在众议院边境和海上安全小组委员会上为使用内部检查站进行了辩护。
“The security of the border cannot be achieved by only enforcement activities located at the physical border,” he testified.
他作证说:“仅通过实际边界的执法活动无法实现边境安全。”
“Checkpoints greatly enhance our ability to carry out the mission of securing the nation’s borders against terrorists and smugglers of weapons, contraband and unauthorized entrants.”
“检查站极大地增强了我们执行保护国家边境安全、打击恐怖分子、武器走私者、走私者和未经授权入境者的能力。”
S ince it has thus far proved impossible to reform CBP through political consensus, critics of the agency are increasingly turning to the courts.
由于迄今为止事实证明不可能通过政治共识来改革 CBP,对该机构的批评者越来越多地转向法院。
Over the decades, judges have repeatedly upheld the constitutionality of CBP’s warrantless searches and seizures.
几十年来,法官一再维护 CBP 的无证搜查和扣押行为符合宪法。
In a 1985 case, United States v.
在 1985 年的一个案例中,美国诉。
Montoya de Hernandez, the Supreme Court ruled that the detention, observed bowel movement and cavity search of a Colombian woman would be justified if “customs agents, considering all the facts surrounding the traveler and her trip, reasonably suspect that the traveler is smuggling contraband.” In an earlier case, United States v.
蒙托亚·德·埃尔南德斯 (Montoya de Hernandez) 案中,最高法院裁定,如果“海关人员考虑到有关旅客及其旅行的所有事实,合理怀疑旅客正在走私违禁品”,则对一名哥伦比亚妇女进行拘留、观察排便和进行口腔搜查是合理的。在较早的案例中,美国诉。
Martinez-Fuerte, the justices ruled that CBP could stop anyone at its checkpoints across the country without cause.
马丁内斯-富尔特案中,法官裁定美国海关与边境保护局可以无故在全国各地的检查站拦截任何人。
(These have become known as “suspicionless checkpoints.”)
(这些被称为“无可疑的检查站”。)
But there are some limits.
但也有一些限制。
In a 1973 case, Almeida-Sanchez v.
在 1973 年的案件中,阿尔梅达-桑切斯诉。
United States, the Court found that random stops and searches by agents on patrol — as opposed to those at checkpoints — were unconstitutional.
在美国,法院认为巡逻人员的随机拦截和搜查(与检查站的情况不同)是违宪的。
Most recently, a federal judge in Massachusetts rejected the Trump administration’s bid to dismiss a lawsuit filed last year by 11 people who had their laptops and cell phones seized by officers at airports and border crossings around the country.
最近,马萨诸塞州的一名联邦法官驳回了特朗普政府的请求,驳回了 11 人去年提起的诉讼,这些人的笔记本电脑和手机被全国各地机场和边境口岸的官员没收。
That case will most likely be the next challenge to CBP’s authority to reach the Supreme Court.
该案很可能成为美国海关与边境保护局向最高法院提起诉讼的下一个挑战。
The newest front in the legal battle over the border zone is located in Michigan.
边境地区法律斗争的最新战线位于密歇根州。
CBP considers the Great Lakes a maritime border, which means that all of Michigan lies within the 100-mile border zone, and anyone can be subjected to a warrantless search at any time.
CBP 认为五大湖区是海上边界,这意味着整个密歇根州都位于 100 英里的边界区内,任何人都可以随时受到无证搜查。
Miriam Aukerman, a senior staff attorney at the Michigan chapter of the ACLU, remembers being stunned when she discovered that CBP was operating throughout the state.
美国公民自由联盟 (ACLU) 密歇根分会的高级专职律师米里亚姆·奥克曼 (Miriam Aukerman) 记得,当她发现美国海关边境保护局 (CBP) 在全州开展业务时,她感到非常震惊。
“This exceptional power was given based on the idea that they patrol the border, not the whole state, which we think is unconstitutional,” she said.
她说:“这种特殊权力是基于他们巡逻边境而不是整个州的想法,我们认为这是违宪的。”
In 2015, Aukerman started inquiring with CBP to find out more about the scope of their practices in Michigan, but the agency refused to answer any of her questions.
2015 年,奥克曼开始向 CBP 询问,以了解更多有关他们在密歇根州的业务范围的信息,但该机构拒绝回答她的任何问题。
“Their position is, ‘We might be operating anywhere in Michigan, but we won’t tell you,’” she said.
“他们的立场是,‘我们可能在密歇根州的任何地方开展业务,但我们不会告诉你,’”她说。
“The residents of Michigan have the right to know whether they’re going to be subjected to warrantless searches regardless of where they are in the state.”
“密歇根州的居民有权知道他们是否会受到无证搜查,无论他们身在该州的哪个地方。”
Since then, Aukerman has sued CBP for a broad range of information relating to its authority within the 100-mile zone, from citizen complaints to incident reports and policy materials.
此后,奥克曼起诉 CBP,要求提供与其在 100 英里区域内的权威相关的广泛信息,从公民投诉到事件报告和政策材料。
“We want to know who they’re stopping and where, and we’re really interested in seeing how far from the border it’s happening,” Aukerman said.
奥克曼说:“我们想知道他们拦截的是谁以及在哪里拦截,我们真的很想知道事情发生在距离边境有多远的地方。”
She expected it would take years before CBP handed over all the documents the ACLU had requested, but her resolve was buoyed by what they’d uncovered so far.
她预计美国海关与边境保护局需要数年时间才能交出美国公民自由联盟要求的所有文件,但他们迄今为止发现的内容鼓舞了她的决心。
I visited Aukerman at her office in Grand Rapids.
我拜访了奥克曼位于大急流城的办公室。
A preacher’s daughter with a wide, earnest expression, Aukerman clicked through a spreadsheet on her computer, showing me the hundreds of pages of CBP apprehension logs they had obtained.
奥克曼是一位牧师的女儿,表情宽广而真诚,她点击了电脑上的电子表格,向我展示了他们获得的数百页 CBP 逮捕日志。
Already the data was revealing a troubling pattern, she said.
她说,数据已经揭示了一种令人不安的模式。
Instead of using its vast resources to protect America’s boundaries from illegal activity and terrorists, as officials so often claim the agency is doing, Border Patrol is stopping American citizens and legal residents far from the border.
边境巡逻队并没有像官员们经常声称的那样,利用其庞大的资源来保护美国边境免受非法活动和恐怖分子的侵害,而是阻止了远离边境的美国公民和合法居民。
In Michigan, Aukerman said, Border Patrol often worked in tandem with the police.
奥克曼说,在密歇根州,边境巡逻队经常与警方合作。
Traffic stops for speeding or other infractions often lead to inquiries about citizenship status and a call to CBP.
因超速或其他违规行为而停车通常会导致询问公民身份并致电 CBP。
Of the people stopped by agents whose immigration status was recorded, nearly one-third were U.S. citizens.
在被记录了移民身份的特工拦截的人中,近三分之一是美国公民。
Of the people who said they were foreign citizens, only 5 percent had crossed the border in the past 30 days.
在自称外国公民的人中,只有 5% 在过去 30 天内越过边境。
At least 82 percent of the foreign citizens apprehended were Latino, she said.
她说,至少 82% 被捕的外国公民是拉丁裔。
“There’s a real concern about how this turns into racial profiling.”
“人们真正担心这会如何演变为种族定性。”
Agents at Border Patrol checkpoints interact with more than 27 million people annually, the vast majority of them U.S. citizens or legal residents.
边境巡逻检查站的工作人员每年与超过 2700 万人打交道,其中绝大多数是美国公民或合法居民。
Similar practices had already been uncovered in New York, where CBP has ramped up its interior enforcement over the past decade.
纽约已经发现了类似的做法,美国海关和边境保护局在过去十年中加强了内部执法力度。
In 2011, Families for Freedom, a nonprofit immigrant rights organization, obtained documents through FOIA litigation showing that agents at a single Border Patrol station in Rochester had wrongfully arrested nearly 300 U.S. citizens and legal immigrants during a four-year period.
2011年,非营利性移民权利组织“自由家庭”通过《信息自由法》诉讼获得文件,显示罗切斯特一个边境巡逻站的特工在四年内错误逮捕了近300名美国公民和合法移民。
The only way that CBP measured its effectiveness, the group found, was through its apprehension rates.
该小组发现,美国海关和边境保护局衡量其有效性的唯一方法是通过其逮捕率。
Agents in Buffalo were offered cash bonuses, prizes and extra vacation time if they boosted their arrest numbers, fostering a dragnet approach to enforcement that targeted people of color.
布法罗的特工如果增加逮捕人数,就会获得现金奖金、奖品和额外休假时间,从而形成针对有色人种的拉网式执法方式。
Among the documents she had obtained from CBP, Aukerman was disturbed to find a complexion code chart, which categorized skin color on a scale from “white to sallow to olive and black.” The document raises real questions, she said, about what CBP is doing with racial data.
在她从 CBP 获得的文件中,奥克曼不安地发现了一张肤色代码表,该表按照从“白色到黄褐色到橄榄色和黑色”的等级对肤色进行了分类。她说,这份文件提出了关于美国海关与边境保护局如何处理种族数据的真正问题。
“It’s the fact that they’re thinking in those categories at all,” Aukerman said.
“事实上,他们根本就在考虑这些类别,”奥克曼说。
“Because immigration is really about national origin and what your citizenship is.
“因为移民实际上与国籍和公民身份有关。
We’re a very diverse country, and whether or not you are here lawfully doesn’t depend on the color of your skin, but what’s on your paperwork.” (CBP confirmed that complexion is one of several “appearance annotations” that is entered into their system.)
我们是一个非常多元化的国家,你是否合法在这里并不取决于你的肤色,而是取决于你的文件上有什么。” (CBP 证实,肤色是输入其系统的几个“外观注释”之一。)
Ultimately, what Aukerman is fighting for is the geographic data — CBP has refused to turn it over so far — so that she can map where Border Patrol is targeting people, along with their racial background and citizenship status.
最终,奥克曼所争取的是地理数据——美国海关边防总署迄今为止拒绝移交这些数据——这样她就可以绘制出边境巡逻队的目标人群的位置,以及他们的种族背景和公民身份。
Aukerman told me that after she gets what she needs from the FOIA lawsuit, she and her colleagues will decide on the next legal step.
奥克曼告诉我,在她从《信息自由法》诉讼中得到所需的信息后,她和她的同事将决定下一步的法律步骤。
She would like to see agents’ authority limited to enforcement at the border, as it was before the Second World War.
她希望看到特工的权力仅限于边境执法,就像第二次世界大战之前一样。
“It was a strange feeling to be held against my will and to have my car searched.
“违背我的意愿被扣押并搜查我的车,这种感觉很奇怪。
I hadn’t committed any crime.
我没有犯任何罪。
I hadn’t even crossed the border.”
我什至还没有越过边境。”
But the constant presence of CBP has already had a profound impact on Latino communities in Michigan.
但美国海关边境保护局的持续存在已经对密歇根州的拉丁裔社区产生了深远的影响。
Elvira Hernández, Aukerman’s office manager, no longer leaves home without her U.S. passport.
奥克曼的办公室经理埃尔维拉·埃尔南德斯 (Elvira Hernández) 不再携带美国护照出门。
Hernández, who is in her 40s, was born in Mexico, but grew up in a small farming community outside Grand Rapids; she became a U.S. citizen in 1995.
埃尔南德斯现年 40 多岁,出生于墨西哥,但在大急流城郊外的一个小农业社区长大。她于1995年成为美国公民。
For many years before taking the job with the ACLU, she assisted seasonal farmworkers in Michigan with legal defense.
在接受美国公民自由联盟的工作之前的许多年里,她一直为密歇根州的季节性农场工人提供法律辩护。
Because of the heavy profiling by police and immigration enforcement in communities like Grand Rapids, Hernández said, she is afraid that if she were stopped by CBP or ICE she would be detained until she could prove her citizenship.
埃尔南德斯说,由于在大急流城等社区,警察和移民执法部门对她进行严厉的定性分析,她担心如果被 CBP 或 ICE 拦截,她会被拘留,直到她能证明自己的公民身份。
“I’m brown with dark hair,” Hernández said.
“我是棕色头发,深色头发,”埃尔南德斯说。
“They’re not going to take my word for it.”
“他们不会相信我的话。”
O utside the cafe in Albuquerque, the sun had begun to dip behind the mountains.
在阿尔伯克基的咖啡馆外面,太阳已经开始落到山后。
Sandoval and I had been talking for nearly two hours, and an employee had started stacking chairs around us, preparing to close up.
桑多瓦尔和我已经聊了近两个小时,一名员工开始在我们周围堆放椅子,准备结束。
Sandoval pulled her cup of coffee closer and frowned.
桑多瓦尔把咖啡杯拉近,皱起了眉头。
“I don’t know why this is so difficult for me to get past,” she said.
“我不知道为什么这对我来说如此难以克服,”她说。
“I’ve become a different person, a reclusive person.” In 2014, University Medical Center agreed to a settlement of $1.1 million for its role in Sandoval’s cavity search.
“我变成了一个不同的人,一个隐居的人。” 2014 年,大学医学中心同意就其在桑多瓦尔的体腔检查中所扮演的角色达成 110 万美元的和解协议。
Two years later, CBP settled for $475,000 without admitting guilt.
两年后,CBP 以 475,000 美元达成和解,但不承认有罪。
The agreement mandated that CBP personnel in El Paso receive training on searches and Fourth Amendment law to combat abuses.
该协议要求埃尔帕索的美国海关边境保护局人员接受有关搜查和第四修正案的培训,以打击侵权行为。
(A CBP spokesperson said that the agency “takes all its responsibilities with training seriously and complied with all provisions in the settlement.”)
(CBP 发言人表示,该机构“认真承担培训方面的所有责任,并遵守和解协议中的所有条款。”)
Shortly after the agreement was reached, the ACLU sent out an advisory letter to more than 100 hospitals and medical facilities near the southern border, clarifying that medical personnel cannot be forced to conduct such searches.
协议达成后不久,美国公民自由联盟向南部边境附近的 100 多家医院和医疗机构发出了一封咨询信,澄清不能强迫医务人员进行此类搜查。
“While courts may afford somewhat more latitude on searches within border regions, all such searches are still bound by constitutional limits,” the letter read.
信中写道:“虽然法院可能对边境地区的搜查给予更大的自由度,但所有此类搜查仍然受到宪法限制。”
A spokesperson for University Medical Center said the hospital no longer conducts searches or X-rays for CBP without informed consent or a warrant from a judge.
大学医学中心发言人表示,未经知情同意或法官授权,医院不再对 CBP 进行搜查或 X 光检查。
Sandoval said she was glad to hear that the hospital had changed its policy, but she still worried that CBP would subject others to similar treatment.
桑多瓦尔表示,她很高兴听到医院改变了政策,但她仍然担心 CBP 会让其他人接受类似的待遇。
She has not been back to Juárez.
她还没有回到华雷斯。
“It’s not because I’m afraid to go to Mexico,” she told me.
“这并不是因为我害怕去墨西哥,”她告诉我。
“I’m afraid of coming back to my own country.”
“我害怕回到自己的国家。”
This article was reported in partnership with Harper’s Magazine and the Investigative Fund at the Nation Institute, where Melissa del Bosque is a Lannan Reporting Fellow.
本文是与《哈珀杂志》和国家研究所调查基金合作报道的,梅丽莎·德尔·博斯克是国家研究所的兰南报道研究员。
A new "request for input" reveals the agency already knows its proposed path lies directly in the floodplain of the Rio Grande.
一份新的“征求意见”显示,该机构已经知道其提议的道路直接位于格兰德河的洪泛区。
Refugees stranded across the border from Brownsville endure interminable delays, leading some — like the father and daughter who drowned last Sunday — to brave the Rio Grande.
滞留在布朗斯维尔边境的难民经历了无休无止的延误,导致一些人——比如上周日溺水的父女——勇敢地前往格兰德河。
The Laredo congressman publicly opposes the border wall, but keeps voting to fund it in his own district.
拉雷多国会议员公开反对修建边境墙,但继续投票支持在他自己的选区修建边境墙。
Is he a savvy compromiser, or is he compromised?
他是一个精明的妥协者,还是一个妥协者?