From around the world, postcards poured in to then-U.S. Attorney Paul Charlton's office demanding that he countermand the order to prosecute. Though the pair were indicted and faced up to 15 years in prison, they refused a plea deal. In 2006, a federal judge dismissed the charges, finding that there was no intention on their part to violate the law.
In 2007, the two young activists received the Oscar Romero Award, named for the Archbishop of San Salvador, El Salvador, assassinated in 1980 on the orders of right-wing death-squad leader Roberto D'Aubisson. The award, given by Houston's Rothko Chapel, came with a monetary prize of $5,000 to each recipient. The pair donated half of the money to No More Deaths.
Stephen Lemons
No More Deaths co-founder Gene Lefebvre.
Stephen Lemons
NMD volunteer Dan Millis, who discovered the body of Josseline Hernandez in the desert.
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The Sellz-Strauss incident modified NMD's protocol. Only in the most dire, life-threatening circumstances would migrants be taken by car from the location where they are encountered, and only then after it is determined that an ambulance or the Border Patrol cannot make it in time to help. Balancing the protocol is a policy of giving migrants the option of refusing be evacuated or turned over to authorities, up until the point that they no longer are physically able to decide for themselves.
Still, hostile encounters between the Border Patrol and NMD members continue. NMD volunteers are threatened with arrest, and in one incident in December 2009, a Border Patrol agent verbally abused NMD volunteers as he emptied their jugs of water in front of them. Several NMD volunteers interviewed for this story accused the Border Patrol of slashing water bottles — though they admit there could be other culprits, such as ranchers, hunters, or even other federal agents.
For this story, the Border Patrol declined to answer questions related to No More Deaths or to the humanitarian crisis in the desert.
The Border Patrol is not the only federal agency with which No More Deaths has crossed swords: There is also the U.S. Department of the Interior, in the guise of Fish and Wildlife Service officials operating on the Buenos Aires National Wildlife Refuge, a 118,000-acre stretch near Byrd Camp.
The refuge is home to such endangered species as masked bobwhite quail, and the cactus ferruginous pygmy-owl. Hunting of non-endangered species is allowed on 90 percent of the refuge, and the area is a favorite destination for bird-watchers and campers.
BANWR is also a major corridor for migrants. About 20,000 traversed it in 2009, according to Jose Viramontes, a Fish and Wildlife Service spokesman. About two migrant bodies a year are discovered in the refuge, Viramontes says.
For years, NMD volunteers have been leaving jugs of water on some of the refuge's 1,300 miles of migrant trails. Although Humane Borders operates three stationary sites on BANWR with two 55-gallon drums of water each — and Fish and Wildlife insists it plans to allow more sites — NMD argues that such stationary facilities aren't sufficient because the migrant trails shift. Also, some accuse the Border Patrol of staking out these sites, in hopes of nabbing their own endangered quarry.
The work NMD volunteers do on BANWR is similar to what they do in the desert surrounding Byrd Camp. They four-wheel-drive and hike to remote areas, follow the migrant trails, leave plastic gallon jugs of water at locations where they anticipate migrants will find them, pick up empties, and return.
Dan Millis was on such a trek in BANWR on February 22, 2008, with three other NMD volunteers, when a Fish and Wildlife officer admonished them for placing water jugs in the wild and ticketed Millis for "littering."
Rather than pay the $175 fine, Millis, with the help of Tucson attorney William Walker, challenged the ticket in federal court, risking a $5,000 fine and six months in prison.
Walker contested the charge by arguing that leaving out full, sealed water jugs to save lives is not littering, that the plastic containers only become litter once opened and discarded. On the stand, Millis argued that he and his group picked up more trash than they left. When he was cited, there were five crates of litter in the back of the truck he was driving.
The U.S. Attorney's Office countered that Millis would need a permit to leave such water on the refuge and cited a garbage problem — including cars abandoned by smugglers — on BANWR.
(Fish and Wildlife spokesman Viramontes estimates that more than 50 tons of trash is left on the refuge annually. With that much trash, some activists wonder why BANWR's managers are so concerned about a few water bottles.)
The decision by U.S. Magistrate Bernardo Velasco was a Pyrrhic victory for the government. Velasco found Millis guilty but gave him a suspended sentence. Nonetheless, Millis has appealed the verdict, and the matter is scheduled to be argued before the 9th Circuit Court of Appeals on March 2.
The Samaritans found themselves in a similar situation with federal authorities when Kathryn Ferguson, a Sams volunteer, was ticketed in early 2008 by a plainclothes Bureau of Land Management officer. During a confrontation in Arivaca, the officer shoved Ferguson, then handcuffed and cited her for "creating a nuisance." The U.S. Attorney at the time, Diane Humetewa, declined to prosecute.