FOR IMMIDIATE RELEASE: Wednesday May 21, 2008 CONTACT: (505) 266-5915 ext. 1003

TUCSON, AZ – The American Civil Liberties Union (ACLU) of New Mexico today filed suit against U.S. Customs and Border Protection (CBP) authorities on behalf of two CBP agents who were suspended from duty after speaking out against the agency’s practice of “shotgunning traffic”--i.e., randomly stopping vehicles without reasonable suspicion.  Agents Juan Curbelo and William Leafstone, Jr. have worked for the CBP for 12 years. “It’s our contention that the Border Patrol is punishing these officers for breaking the agency’s ‘code of silence’ and shedding light on a practice that brazenly violates the privacy rights of motorists,” said Peter Simonson, executive director of the ACLU of New Mexico.  “Rather than being suspended from their jobs, Agents Curbelo and Leafstone should be congratulated for taking a principled stand, knowing full well that it might not sit well with some of their fellow officers.” In December 2006, Curbelo’s ex-wife, Concepcion Curbelo, and his children were stopped by a Border Patrol agent during a “shotgunning” patrol near Rodeo, New Mexico.  The agent arrested Ms. Curbelo for allegedly possessing and trafficking marijuana, and took her to the Border Patrol station in Lordsburg.  A short time later, agent Curbelo received a copy of the incident report regarding his ex-wife’s arrest.  Both he and Agent Leafstone noted inconsistencies in the report that, they concluded, were intended to cover up the fact that Ms. Curbelo was stopped without reasonable suspicion. Agent Curbelo reported his concerns to the Office of the Inspector General, in January 2007.  Agent Leafstone testified at Ms. Curbelo’s hearing regarding the practice of “shotgunning traffic.”  Both were made to remove their badges, and placed on administrative duties. Charges against Ms. Curbelo have been dismissed. “The ACLU has focused on eliminating unjustified vehicle stops, such as this one,” said Dan Pochoda, legal director of the ACLU of Arizona.  “It is inexcusable for a federal agency to retaliate against officers for speaking out against these practices.” ACLU of New Mexico Staff Attorney George Bach and co-counsel Dan Pochoda filed the lawsuit in U.S. District Court in Tucson, Arizona. # # # The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship. Related Documents: Shotgunning Complaint

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Sheriff’s Department Agrees to Revise Operational Procedures Concerning Immigrants

FOR IMMEDIATE RELEASE: Wednesday April 9, 2008

CONTACT: Whitney Potter, ACLU of New Mexico (505) 507-9898 or Laura Rodriguez, MALDEF (310) 956-2425

LAS CRUCES, NM— MALDEF and the ACLU of New Mexico today announced a landmark settlement with the Otero County Sheriff’s Department that addresses what plaintiffs alleged were civil rights violations committed by county deputies during immigration sweeps last September in the southern New Mexico town of Chaparral.  Civil rights advocates say the agreement will help restore community trust in local law enforcement and greatly improve the safety of all people living in the County. The case settled after the Sheriff's Department agreed to revise Operational Procedures that are intended to ensure that the rights of all Latinos living in the County would be protected and that they would not become the targets of immigration-related investigations and detentions without justification.  Otero County also agreed to pay the families who brought the case monetary damages and an amount to cover their attorney's fees and the costs of the suit. ACLU Executive Director Peter Simonson said, “The sheriff’s department worked with us to draft a policy that draws clear boundaries around what are and what are not the responsibilities of local law enforcement officers when they encounter immigrants.  It was drafted with one thing in mind: maximizing public safety.  This is a smart policy that stands as an example to all other law enforcement agencies around the state.” On behalf of five Latino families, the Mexican American Legal Defense and Educational Fund (MALDEF) and the American Civil Liberties Union (ACLU) of New Mexico alleged in the lawsuit that sheriff’s deputies raided homes in Chaparral without search warrants, interrogated families without evidence of criminal activity, and targeted households on the basis of race and ethnicity. The Sheriff's Department denied any wrongdoing, but agreed to revise policies in order to provide more effective law enforcement to its constituents and to focus its attention on persons suspected of committing crimes. David Urias, MALDEF Staff Attorney and counsel in the case, said, “The agreement by the Sheriffs Department to revise their procedures means that Latinos in Otero County will be protected by local police from crimes, not randomly targeted for immigration enforcement.” # # # The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship. Please visit: www.aclu-nm.org Founded in 1968, MALDEF, the nation's leading Latino legal organization, promotes and protects the rights of Latinos through litigation, advocacy, community education and outreach, leadership development, and higher education scholarships. For more information on MALDEF, please visit: www.maldef.org. Related Documents: Revised Operational Procedures . Otero County Complaint . html: Press Release (10-17-07) html: Media Advisory: Oct. 17, 2007 Press Conference html: Press Release (9-14-07) Request to Inspect Public Records (Otero County Sheriff's Office) . Request to Inspect Public Records (Dona Ana County Sheriff's Office)

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