Entries in Illegal (2)


Report: New Video Prompts Questions in Border Patrol Killing

Hemera/Thinkstock(SAN DIEGO) -- A new video, along with an eyewitness account, has emerged that appears to show the beating and repeated tasering of an illegal immigrant by a group of border patrol agents just hours before the immigrant’s death, according to a report airing Friday night on PBS.

The PBS Need to Know report, which was the result of a joint project with the Investigative Fund of the Nation Institute and has been reviewed by ABC News, features what PBS calls new video of the May 2010 beating of Anastacio Hernandez Rojas. Rojas, an illegal immigrant, was being transferred back to Mexico when the Customs and Border Protection said he became “combative” and officers had to use a taser to “subdue the individual and maintain officer safety.”

But the new video, taken from an overpass, appears to show a group of more than a dozen border patrol agents surrounding Rojas, who is already on the ground, as he is struck repeatedly by some officers and then tasered multiple times. Rojas would later die in a nearby hospital.  According to multiple purported eyewitnesses featured in the PBS report, it was clear Rojas was not resisting as he was beaten. In another video that captured the incident, a man identified by PBS as Rojas can be heard screaming for help in Spanish.

Though the death was ruled a “homicide” by the San Diego medical examiner and the incident was investigated by the San Diego Police Department, no border patrol agents were charged with a crime, PBS said.

The CBP declined an interview with PBS for its report and a spokesperson for the department declined ABC News’ requests for comment as well, citing an ongoing investigation. Instead, the spokesperson offered the following statement:

“CBP stresses honor and integrity in every aspect of our mission. CBP employees and officers perform their duties with honor and distinction, working tirelessly every day to keep our country safe. We do not tolerate abuse within our ranks, and we fully cooperate with any criminal or administrative investigations of alleged misconduct by any of our personnel, on or off duty.”

Copyright 2012 ABC News Radio


War Powers Showdown Heats Up over Libya

Senator Richard Luger (R-Ind). United States Senate(WASHINGTON) -- The U.S. military operations in Libya are legal, the Obama administration insisted Tuesday before the Senate Foreign Relations Committee. Several senators disagreed.

"This administration is acting lawfully, consistent with both the letter and spirit of the Constitution and the War Powers Resolution. Contrary to what some have claimed, we are not asserting sweeping constitutional power to bypass Congress," Harold Koh, the State Department's legal adviser, told the committee.

Sen. Richard Lugar, R-Ind., the ranking member on the committee, challenged that conclusion.

"In this case, President Obama made a deliberate decision not to seek a congressional authorization of his action either before it commenced or during the last three months. This was a fundamental failure of leadership that placed expedience above constitutional responsibility," he said.

The War Powers Resolution would require the president to seek congressional authorization for military operations lasting more than 60 days.

Koh was one of the administration lawyers who argued that U.S. participation in the three-month-old NATO-led mission is limited enough that it does not constitute hostilities as described in the War Powers Resolution, and therefore would not require congressional authorization. That position was ultimately adopted by President Obama after a debate with lawyers in the Pentagon who disagreed.

Koh argued Tuesday that forcing the U.S. to end its participation in Libya would send a bad message to NATO allies and could encourage Libyan leader Moammar Gadhafi to step up attacks on civilians.

The House of Representatives already sent a message to Obama last Friday when it voted down a measure that would authorize U.S. operations in Libya. A separate vote to cut off funding also failed.

Copyright 2011 ABC News Radio

ABC News Radio