Canadian border authorities hold citizen without charge for eight months

Look, we’re not all maple syrup lollipops and free healthcare up here. According to the CBC, a naturalized Canadian citizen was held against his will, without charge, for 10 months while immigration officials attempted to verify his identity.

47-year old Nigerian-born Olajide Ogunye moved to Canada with his family in the 1990s and, in 1996, he became a Canadian Citizen. But that didn’t matter to the Canadian Border Services Agency. During a sweep of his neighborhood (which, I have to admit, I had no idea that the CBSA did), Ogunye was told to produce evidence of his citizenship. So he did: His Ontario Health card and Canadian Citizenship card.

But here’s the thing: despite his producing two pieces of government identification – the gold standard for get-out-of-my-face-I’m-a-citizen, the CBSA refused to believe that Ogunye was who he claimed to be. So, without charge, they took him into custody so that he could be properly identified.

From the CBC:

According to Ogunye's statement of claim, the officers ran his fingerprints, which they said matched the identity of a man named Oluwafemi Kayode Johnson, a failed refugee claimant who had been deported from Canada to Nigeria in the 1990s.

Ogunye says he was told the CBSA believed he was actually Johnson, who had returned to Canada illegally and assumed Ogunye's identity. Those fingerprints, according to court documents, were never produced by the CBSA to Ogunye.

This shit went on for EIGHT MONTHS. Despite having not committed any crime, Ogunye was remanded to two different mixed medium/maximum security prisons. Read the rest

Rancher takes feds to court over camera they placed on his property without permission

Ricardo Palacios, a 74-year old rancher, had gotten used to Customs and Border Protection officials tromping across his south Texas ranch lands without permission over the years. But finding a wireless surveillance camera set up in one of his trees? Not OK. Upon discovering the device, Palacios removed it immediately. It wasn't long after that he started receiving calls from CBP and the Texas Rangers demanding that he turn the camera over to them or face charges.

Having taken enough of their shit, instead of turning the camera over, Palacios gave the feds something else instead: a lawsuit.

According to Ars Technica, Palacios, who's been a lawyer for 50 years,  named the two agencies and a CBP agent in a lawsuit that accuses them of violating his constitutional rights, by trespassing on his land, and setting up cameras where ever they damn well please. It's an important case: CBP claims it has a right, within a 100-mile radius of the American border, to stop people (including U.S. citizens, which flies in the face of the Fourth Amendment,) search cars and personal belongings in the name of border security, without a warrant. But this doesn't allow them to go traipsing on to private property in the name of their duties without permission. They're only allowed to  do that within 25 miles of the border.

Palacios' ranch? It's 35 miles away from the edge of the U.S./Mexican border. This alone would be enough to warrant a suit against the government. But there's more:

As Palacios alleges in the civil complaint, his interactions with CBP began in April 2010 when his two sons were stopped at a checkpoint along I-35.

Read the rest

'A Border Agent Took My Sister and Me Into a Closet and Sexually Assaulted Us,' say teen sisters

Two sisters who were trying to escape violence and poverty in Guatemala for a better life “became so desperately lost trekking across the Texas desert that when they saw a U.S. Customs and Border Protection truck, they waved for help,” reports the Los Angeles Times. An officer in that truck later confined them by force, and sexually assaulted them, one by one. Read the rest

Border Patrol officer flashes badge to avoid getting fined for parking in the disabled spot; gets fined

Hurrah for the Sonoma County Sheriff deputy who took no guff from a Border Patrol officer who headed for a disabled parking spot at a NASCAR race— than flashed his badge when caught. Not everyone gets a ticket: sometimes they're just told to get lost. Sadly for this gentleman, his bully move earned a fine: according to KRON, up to $1075. Read the rest

Woman, 19, sues U.S. over anal and vaginal search for which she was billed $575

Ashley Cervantes, a US citizen who was 18 at the time, was stopped at the Mexico border and accused by Customs and Border Protection of smuggling drugs. A search proved fruitless so they gave her a body cavity search. US Customs and Border Protection still couldn't find the drugs they were looking for so they took her to a hospital for an X-ray. No drugs. Read the rest