[Marxism] She Stopped to Help Migrants on a Texas Highway. Moments Later, She Was Arrested.

Louis Proyect lnp3 at panix.com
Fri May 10 09:32:46 MDT 2019


NY Times, May 10, 2019
She Stopped to Help Migrants on a Texas Highway. Moments Later, She Was 
Arrested.
By Manny Fernandez

MCALLEN, Tex. — Teresa L. Todd pulled over one recent night on a dark 
West Texas highway to help three young Central American migrants who had 
flagged her down. Ms. Todd — an elected official, government lawyer and 
single mother in a desert border region near Big Bend National Park — 
said she went into “total mom mode” when she saw the three siblings, one 
of whom appeared to be very ill.

Struggling to communicate using her broken Spanish, Ms. Todd told the 
three young people to get out of the cold and into her car. She was 
phoning and texting friends for help when a sheriff’s deputy drove up, 
followed soon by the Border Patrol. “They asked me to step behind my 
car, and the supervisor came and started Mirandizing me,” said Ms. Todd, 
referring to being read her Miranda rights. “And then he says that I 
could be found guilty of transporting illegal aliens, and I’m, like, 
‘What are you talking about?”

Ms. Todd spent 45 minutes in a holding cell that night. Federal agents 
obtained a search warrant to examine her phone, and she became the focus 
of an investigation that could lead to federal criminal charges.

As the Trump administration moves on multiple fronts to shut down 
illegal border crossings, it has also stepped up punitive measures 
targeting private citizens who provide compassionate help to migrants — 
“good Samaritan” aid that is often intended to save lives along a border 
that runs through hundreds of miles of remote terrain that can be 
brutally unforgiving.

Earlier this year, federal agents raided the home of a volunteer who 
provides meals, housing and other aid to migrants in the Texas border 
city of Brownsville. In Arizona, four volunteers with No More Deaths, a 
nonprofit based in Tucson, were convicted on misdemeanor criminal 
charges after leaving water and canned food for migrants hiking through 
the Cabeza Prieta National Wildlife Refuge. Five other volunteers also 
faced charges, including one felony case now pending in Federal District 
Court in Tucson.

“I honestly don’t feel like I ever did anything wrong: I stopped to help 
some kids,” said Ms. Todd, 53, who serves as both the city attorney of 
Marfa, Tex., and the county attorney of Jeff Davis County, an elected 
position. “It’s been pretty transformative for me, to be perfectly 
honest. To have devoted my life to public service, and then to be 
Mirandized, detained and investigated as if I’m a human smuggler. The 
whole thing was really, really, very surreal. It was like a ‘Twilight 
Zone.’”

Ms. Todd has not been charged with a crime, though the three migrants 
from El Salvador were held for some time as material witnesses, 
suggesting that federal prosecutors were contemplating using them in a 
criminal case against her. A spokesman for the Border Patrol said the 
incident remains “an active case,” but declined further comment, as did 
the United States attorney’s office.

Federal agents at the border in some cases work closely with nonprofit 
shelters and volunteers to coordinate housing and transportation 
logistics for migrants in border cities who have recently been released 
from Border Patrol custody. But often, volunteers who aid illegal border 
crossers before they are in custody are treated far differently.

For Ms. Todd, it started at about 10 p.m. on Feb. 27, just outside the 
funky desert community of Marfa. Ms. Todd was busy that night: She had 
attended a planning and zoning meeting at Marfa City Hall, had a late 
dinner at the Hotel Saint George and was driving back home to nearby 
Fort Davis. Suddenly, a young man in a white shirt ran out of a ditch 
and started waving at her.

“I have two teenage boys,” Ms. Todd said. “I have a 17-year-old and a 
15-year-old, and he looks about the same size as my 15-year-old son, and 
so I literally think, ‘Oh my God, it’s like this kid on the side of the 
road.’ I turn around and go back, because I can’t leave a kid on the 
side of the road.”

He was a bit older than a teenager, she learned, as he and his siblings 
started telling her what had happened.

The three Salvadoran migrants were a family — Carlos, 22, his brother, 
Francisco, 20, and their sister, Esmeralda, 18. They had fled their home 
country years ago and were living with an aunt in Guatemala. Worsening 
gang violence forced them to leave — two of Carlos’s friends were 
murdered, and a gang leader wanted Esmeralda to be his girlfriend, 
according to court documents. The trio headed for the United States and 
crossed the border in a remote stretch of desert with a group of 
migrants and smugglers. But Esmeralda became sick and had trouble 
keeping up.

The others in the group pushed ahead, but her brothers stayed by her 
side. The three of them became lost as they hiked north, and they ran 
out of food and water, according to statements they provided to the 
federal public defender’s office. Esmeralda’s condition had worsened by 
the time they flagged down Ms. Todd.

“I can tell she needs immediate medical attention,” Ms. Todd recalled. 
“She’s having a really hard time walking.”

She had the siblings get in her car and started to contact friends — one 
who works for a refugee services nonprofit and another who is a lawyer 
for the Border Patrol.

Moments later, a sheriff’s deputy from neighboring Presidio County 
pulled up behind her, lights flashing. The deputy and Ms. Todd know one 
another, but he was immediately suspicious, she said, asking whether she 
thought the migrants’ backpacks smelled like dope. The deputy alerted 
Border Patrol, whose agents read Ms. Todd her rights.

Ms. Todd, who routinely puts misdemeanor lawbreakers behind bars as a 
county attorney, was put in a holding cell at a nearby Border Patrol 
station. Her purse and other personal items were confiscated.

“I walk in and a guy says, ‘Are you the driver?’ I said, ‘No, I’m the 
lady who stopped to help these kids,’” Ms. Todd said. “They seemed to 
think there was something very nefarious going on, when I literally got 
flagged down on the side of the road and tried to be a good Samaritan.”

She was held in a large holding cell for about 45 minutes, and then 
released and driven back to her car, which was still on the side of the 
highway. She had been detained for a total of about three hours.

Days later, back at work at Marfa City Hall, she was visited at her 
office by an agent with federal Homeland Security Investigations and a 
Texas Ranger. The federal agent handed her a search warrant for her 
phone, and she surrendered it. One of the friends she had texted that 
night told Ms. Todd that agents had also questioned her and examined her 
phone.

The three migrants Ms. Todd had helped are now in an Immigration and 
Customs Enforcement facility in El Paso and could face deportation. “All 
three remain in ICE custody pending disposition of their immigration 
cases,” an ICE spokeswoman said in a statement.

The episode has both angered and perplexed Ms. Todd and her friends and 
co-workers in Jeff Davis County. William Kitts, the Jeff Davis sheriff 
and a county government colleague of Ms. Todd’s, said numerous residents 
have assisted migrants, providing them with water or giving them a ride 
to his office. None have been prosecuted, and Sheriff Kitts said Ms. 
Todd shouldn’t be tried, either.

The sheriff said he believes that Esmeralda would have died had Ms. Todd 
not stopped to help her. According to court records, she was taken by 
Border Patrol agents to Big Bend Regional Medical Center in Alpine, 
Tex., and was treated for four days for starvation, dehydration, 
infected wounds from cactus spines and rhabdomyolysis, a serious 
condition that can lead to kidney failure.

“Harboring is a big jump for them to make in my book,” Sheriff Kitts 
said of the threatened criminal charges against Ms. Todd. “There’s a 
human component to this. We’ll let Congress and the politicians fight it 
out, but if somebody’s hungry or thirsty or needs some help, we’re going 
to help them.”

Kenneth Magidson, who served as the top federal prosecutor in Houston 
and in the South Texas border region from 2011 to 2017, said the 
government has begun taking “a harsher approach” to prosecuting such 
cases since President Trump took office. “Providing drinks of water or 
someone needs immediate medical assistance and you take them to a 
hospital — you’re stretching it,” he said. “You have to look at the 
entire context of the case. Was it at the person’s house? Were they 
spending the night? It’s more than just giving somebody on the side of 
the road some water.”

Ms. Todd said she plans to work with her congressional representatives 
on legislation exempting good Samaritans from federal prosecution.

“There is something bigger at stake than just me here, because this does 
send a message to try to chill people from helping others,” Ms. Todd said.

One day last week, she received one good surprise: The authorities 
returned her iPhone. “They took it at 11:30 in the morning and said I 
would have it back by 3 in the afternoon, 5 at the latest,” she said. 
“And 53 days later, I got my phone back.”



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