16 illegal aliens suing Arizona rancher for detaining them as they crossed his land

by Kal El on February 10, 2009 · Comments

Detaining wetbacks and releasing them to the Border Patrol? That’s a lawsuit.

16 illegals sue Arizona rancher

Claim violation of rights as they crossed his land

An Arizona man who has waged a 10-year campaign to stop a flood of illegal immigrants from crossing his property is being sued by 16 Mexican nationals who accuse him of conspiring to violate their civil rights when he stopped them at gunpoint on his ranch on the U.S.-Mexico border.

Roger Barnett, 64, began rounding up illegal immigrants in 1998 and turning them over to the U.S. Border Patrol, he said, after they destroyed his property, killed his calves and broke into his home.

His Cross Rail Ranch near Douglas, Ariz., is known by federal and county law enforcement authorities as “the avenue of choice” for immigrants seeking to enter the United States illegally.

Trial continues Monday in the federal lawsuit, which seeks $32 million in actual and punitive damages for civil rights violations, the infliction of emotional distress and other crimes. Also named are Mr. Barnett’s wife, Barbara, his brother, Donald, and Larry Dever, sheriff in Cochise County, Ariz., where the Barnetts live. The civil trial is expected to continue until Friday.

The lawsuit is based on a March 7, 2004, incident in a dry wash on the 22,000-acre ranch, when he approached a group of illegal immigrants while carrying a gun and accompanied by a large dog.

Attorneys for the immigrants – five women and 11 men who were trying to cross illegally into the United States – have accused Mr. Barnett of holding the group captive at gunpoint, threatening to turn his dog loose on them and saying he would shoot anyone who tried to escape.

The immigrants are represented at trial by the Mexican American Legal Defense and Educational Fund (MALDEF), which also charged that Sheriff Dever did nothing to prevent Mr. Barnett from holding their clients at “gunpoint, yelling obscenities at them and kicking one of the women.”

In the lawsuit, MALDEF said Mr. Barnett approached the group as the immigrants moved through his property, and that he was carrying a pistol and threatening them in English and Spanish. At one point, it said, Mr. Barnett’s dog barked at several of the women and he yelled at them in Spanish, “My dog is hungry and he’s hungry for buttocks.”

The lawsuit said he then called his wife and two Border Patrol agents arrived at the site. It also said Mr. Barnett acknowledged that he had turned over 12,000 illegal immigrants to the Border Patrol since 1998.

In March, U.S. District Judge John Roll rejected a motion by Mr. Barnett to have the charges dropped, ruling there was sufficient evidence to allow the matter to be presented to a jury. Mr. Barnett’s attorney, David Hardy, had argued that illegal immigrants did not have the same rights as U.S. citizens.

Mr. Barnett told The Washington Times in a 2002 interview that he began rounding up illegal immigrants after they started to vandalize his property, northeast of Douglas along Arizona Highway 80. He said the immigrants tore up water pumps, killed calves, destroyed fences and gates, stole trucks and broke into his home.

Some of his cattle died from ingesting the plastic bottles left behind by the immigrants, he said, adding that he installed a faucet on an 8,000-gallon water tank so the immigrants would stop damaging the tank to get water.

Mr. Barnett said some of the ranch´s established immigrant trails were littered with trash 10 inches deep, including human waste, used toilet paper, soiled diapers, cigarette packs, clothes, backpacks, empty 1-gallon water bottles, chewing-gum wrappers and aluminum foil – which supposedly is used to pack the drugs the immigrant smugglers give their “clients” to keep them running.

He said he carried a pistol during his searches for the immigrants and had a rifle in his truck “for protection” against immigrant and drug smugglers, who often are armed.

ASSOCIATED PRESS DEFENDANT: Roger Barnett said he had turned over 12,000 illegal immigrants to the Border Patrol since 1998.

A former Cochise County sheriff´s deputy who later was successful in the towing and propane business, Mr. Barnett spent $30,000 on electronic sensors, which he has hidden along established trails on his ranch. He searches the ranch for illegal immigrants in a pickup truck, dressed in a green shirt and camouflage hat, with his handgun and rifle, high-powered binoculars and a walkie-talkie.

His sprawling ranch became an illegal-immigration highway when the Border Patrol diverted its attention to several border towns in an effort to take control of the established ports of entry. That effort moved the illegal immigrants to the remote areas of the border, including the Cross Rail Ranch.

“This is my land. I´m the victim here,” Mr. Barnett said. “When someone´s home and loved ones are in jeopardy and the government seemingly can´t do anything about it, I feel justified in taking matters into my own hands. And I always watch my back.”

Original article.

Again, they were in the US ILLEGALLY, on PRIVATE PROPERTY, and they are suing. For alleged violation of civil rights. Since when are CRIMINAL ILLEGAL ALIENS granted the right to trespass on PRIVATE PROPERTY?

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  • Tonto
    This case is very interesting to me. The government should be supporting this man to the nth degree, but obviously, some lawyer has figured out how to milk the system for whatever he can get from it....irreguardless of the rights of the rancher. Maybe the guy should have just invested in claymore mines and a backhoe. That would surely get some attention.
  • tusentakk
    This sort of thing, yielding American sovereignty at our open borders and promoting illegal immigration, trying to get them amnesty, was President Bush's greatest failure.

    I'm not a sufferer of Bush Derangement Syndrome like most of our left are. I think he did right in invading Afghanistan and Iraq, in appointing two reasonably conservative judges to the Supreme Court, keeping taxes down, and some other decent things.

    And any modern Democrat would have done worse, I'm sure. But there are real conservatives who could have done so much better too. Why is our age so suicidally common-sense-challenged?
  • Greg
    He don't need attention. He needs help.
  • Christian A. Beltram
    Have any other lawsuits been filed by illegal immigrants against ranchers recently? Perhaps the rulings in those cases could serve as precedents in future cases.
  • Are ranchers also doing this in California?
  • I applaud this American Patriot for his hard work the last ten years in capturing the illegals. Mr. Barnett is my kind of guy. He has courage, and good for his wonderful dog. They should be rewarded not put on trial. The heartless Judge, the lousy lawyers are the perfect bad example of our greedy injustice system. We all need to put a stop to this. Americans, are being cheated by our government, day by day. Obama has opened the door for all this hell breaking out everywhere, as the illegals are becoming more brazen. I would not be surprised at all, if this wasn't an organized set up, patterned after that organized evil ACORN, being funded in the stimulus pkg. Who knows anymore who is really at the back of all this type of crime. Let me say this: ACORN SHOULD BE SHUT DOWN, THAT ALONE WOULD BOOST THE ECONOMY. It's nothing more than Obama crime. People like Mr. Barnett should be paid by the government, since he has been doing their job for a decade. Not give the illegals any money, they have not earned a penny. What's wrong with this insane Washington, DC gov.?
  • What's up IAC? Long time no comment! So in the great state of Arkansas if you have 3 or more no trespassing signs up and someone enters your property illegally you have every right to shoot them. Let's send this guy some signs (In spanish and english of course)!
  • JEWHAWK
    As far as I'm concerned,Mr.Barnett is a TRUE AMERICAN PATRIOT.Period.
    He clearly wasn't born to be a traitor such asBenedict Arnold or a defeatist
    president,as Jimmy Carter.
    I'd like to give a MEDAL to Mr.Barnett,like the one that Sully,the pilot hero
    received from Michael Bloomberg.
  • JEWHAWK
    As far as I'm concerned,Mr.Barnett is a TRUE AMERICAN PATRIOT.Period.
    He clearly wasn't born to be a traitor such as Benedict Arnold or a defeatist
    president,as Jimmy Carter.
    I'd like to give a MEDAL to Mr.Barnett,like the one that Sully,the pilot hero
    received from Michael Bloomberg.
  • JEWHAWK
    Dear Carolyne,I agree with you.I'm Brazilian,but I watch FOX News every day so I'm DEEPLY IMPRESSED with Mr.Barnett's deeds,for he seized more than 12,000 illegal immigrants (MANY OF THEM ARABS)!!If this isn't sheer PATRIOTISM,nothing more will be. I can compare him with CHUCK YEAGER,JAMES DOOLITTLE,EDDIE RICKENBACKER and RONALD REAGAN. Don't let the stupid LEFT-WINGERS besmirch his reputation with this bogus lawsuit.He clearly doesn't deserve that!You did ask what's wrong with Washington.I reckon it's all fault of the POLITICALLY CORRECT PLAGUE.If I were an American citizen,I surely would be a CONSERVATIVE...For this I'm terribly sorry for my fellow Jews (in America) are a BUNCH OF LEFTIST of the worst kind...BARNEY FRANK is a CREEPY CHARACTER,so is RAHM EMANUEL...and ARLEN SPECTER should be expelled from the GOP.
  • Awesome JEWHAWK, just love you for that. This is one corrupt government that will turn against anything good. Evil and Bad to the bone. We who know God's will don't rely on that lousy bunch of sicko psychos. God has a health plan, a prosperity plan, and a saving plan so screw them. It was a fiasco today with those clowns in Washington DC, Piss ants.
    Glenn Beck is going to have Mr Barnett on his show tomorrow. Good enough. You are great JEWHAWK.
  • Hey there, jennyjen: BTW Glenn Beck is going to have Mr. Barnett on his show tomorrow. Yea, he will show that lousy Judge up also those greedy lawyers up for what they really are. I've posted this on my social networks, where I have been working a lot, promoting my card game, which is doing very well. I am grateful to have learned about this injustice in our country, among other things. Thanks again IAC, the news is out. I sent it to all on my list. Posted it on all I could. I am always ready to tell off on anything like this, so people become aware how evil our so called justice system, health careless system, school system, in fact nothing works where the liberals have a foot hold. They are going to get the foot, a swift kick in the a$$ BO being the top of the garbage heap and the first to go. Shew!
    jennyjen going to FL to see my grand girl, first of March. You have a good day tomorrow & TraveLight.
  • MudBoy
    Ranchers should post a sign that says "Trespassers will be shot" and dispose of the trespassers themselves. I could swear thats what ranchers used to do since 1836, with no questions asked. U.S. District Judge John Roll is a traitor for even hearing this case.
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