Despite the incidents, No More Deaths volunteers continued leaving water jugs on BANWR in defiance of Fish and Wildlife's ticketing policy. In June 2009, a federal jury convicted NMD activist Walt Staton of a misdemeanor littering charge. Magistrate Jennifer Guerin sentenced Staton to 300 hours of community service and a year of probation.
A seminary student at the Claremont School of Theology in California, Staton briefly toyed with defying the community-service order, writing to the judge, "When a government fails to respect and protect human rights — or, worse, is itself a violator — it is the responsibility of citizens to act in defense of those rights."
Stephen Lemons
Entrance to the Buenos Aires National Wildlife Refuge.
No More Deaths
Josseline Hernandez, 14, in a photo that adorns the prayer card given out by No More Deaths.
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Guerin threatened Staton with 25 days in custody, and Staton ultimately backed down, accepting the community service while appealing his conviction.
In July 2009, 13 humanitarians from NMD, Humane Borders, the Samaritans, the Catholic Church, and other organizations defied the BANWR ban by placing water on the refuge in full view of Fish and Wildlife officers. Their water was promptly confiscated, and they were all cited. Those ticketed included John Fife and Gene Lefebvre.
The day after the 13 were ticketed, Interior Secretary Ken Salazar contacted NMD, requesting that a delegation come to D.C. for a meeting. It included Lefebvre, who said he was impressed with Salazar.
"[Salazar] said he had compassion for the migrants who were dying in the desert and respect for the work we're doing, but that we would have to obey the law," Lefebvre says.
"After that, we got an invitation to meet with the [Fish and Wildlife] people in BANWR and their bosses from Albuquerque. So, obviously, the secretary arranged that."
Lefebvre says NMD is offering to partner with the agency to help it remove trash from the refuge. Recently, the Department of the Interior's regional director wrote to NMD attorney Margo Cowan expressing the department's "commitment to find a solution serving both parties."
A meeting between the two sides took place February 18 in Tucson, but no announcement has been made regarding an agreement. Officially, NMD has ceased leaving water on BANWR, but some of the group's activists continue to do so.
Though Walt Staton's flirt with imprisonment and the ticketing of the 13 activists have been the focus of recent media reports regarding the issue of leaving water for desert pilgrims, it's Millis' experience that offers a potent moral metaphor for NMD's work.
That's because two days before he was ticketed on BANWR, he discovered the body of Josseline Hernandez, a 14-year-old girl from El Salvador.
Josseline went missing two weeks earlier. She was on her way to California with her 10-year-old brother when she became sick and could no longer move with a group of migrants. She urged her little brother to go with the others, telling him she was the big sister and would be okay.
A missing-persons alert was sent by Derechos Humanos, an advocacy group that keeps stats on migrant deaths in the Border Patrol's deadly Tucson sector. Josseline's mother in Los Angeles had spoken with Derechos Humanos, sharing information about Josseline's situation from her brother, who had made it safely to L.A.
Some NMD members were actively looking for Josseline, but Millis was on another mission. He was seeking a shortcut to a spot where he wanted to drop off a supply bin full of food, a spot where he knew migrants were likely to find the provisions.
In a rocky canyon, wet from recent winter downpours, Millis and three other NMD volunteers found the girl. She was dead, her face unrecognizable but her body still intact.
"She had taken her shoes off," Millis says. "I saw her shoes first. They were bright green, so you couldn't miss them. Her feet were, like, in a puddle. There had been rain, so there was a little bit of water flowing through the canyon.
"She probably had some horrible blisters [on her feet], like everyone has when they come across. We know she fell behind. She had been sick, and she was vomiting [according to her brother], and she had taken her jacket off . . . and placed it on the rock next to her."
Pima County sheriff's deputies were called. When they turned over the body, they could see the word "Hollywood" on her sweat pants, one of the identifiers Derechos Humanos had used in its alert. The official cause of death was exposure to the elements.
Deeply affected by the discovery, Millis was further motivated to leave water in the desert. He was angered when the Fish and Wildlife Service stopped him a couple of days later to ticket him for littering on BANWR.
"To go out and try to do something about [deaths like Josseline's] made me feel better," Millis says. "To be accosted by authorities of the federal government, the same government that's making these stupid laws and pushing people out here in the first place, was too much for me."
Like many activists, Millis blames the feds for creating a situation that's caused migrants from Mexico to go through the remotest of desert, where bodies might never be found. Ironically, the former schoolteacher and convicted litterer now works for the Sierra Club, which also opposes the walls and other barriers erected along the 370-mile Arizona-Mexico border.