Monday, June 08, 2009

Man Convicted of Littering had Placed Water Jugs On Federal Land for Illegal Immigrants

A Tucson man convicted of littering on federal land said he will continue to leave out water for illegal immigrants walking through the desert, even if that means risking further citations. "We're committed to our humanitarian efforts," said Walt Staton, 27, who was found guilty Wednesday in U.S. District Court of knowingly littering on a national wildlife refuge. Staton, a Web designer and volunteer with the humanitarian group No More Deaths, faces up to one year in prison and a $10,000 fine when he is sentenced Aug. 11 by U.S. District Magistrate Judge Jennifer Guerin. He was cited Dec. 4 for littering when U.S. Border Patrol agents spotted him placing unopened gallon containers of water in the Buenos Aires National Wildlife Refuge southwest of Tucson...ArizonaStar

Whether or not you agree with what Mr. Staton and his group were doing, this case raises some important issues.

First, does the Border Patrol have the authority to cite someone for littering on federal land? Or did they detain Staton until Interior officials arrived? If the Border Patrol has such authority, what other non-immigration federal land law enforcement authority do they have? Can they cite OHVs in the wrong place? Campers? Tressspassing cattle?

Second, what on earth are the priorities of the U.S. Attorney for Arizona? The article says Staton is the second person charged with this infraction and also quotes Staton's attorney as estimating the two-day trial cost the government $50,000 or more. Is this the wisest use of federal dollars and the federal court system?

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