The death of Anastasio Hernandez-Rojas, which garnered national media attention in 2010, has re-entered the limelight after PBS unearthed new footage of the incident between the Mexican citizen and border patrol agents.
In June of 2010, Hernandez-Rojas was struck with a baton by one border patrol officer and tased with a stun gun with another, after resisting deportation on the U.S.-Mexico border. He died shortly after the incident.
Customs and Border Protection (CBP) insisted that Hernandez-Rojas' behavior necessitated the use of a baton and stun gun. CBP reports maintained that he “became combative” and the baton and stun gun were used to “subdue the individual and maintain officer safety.”
But new footage has prompted some to ask if the federal agents used excessive force.
The video, shot by Seattle resident Ashley Young as she was crossing a bridge from Mexico to the United States, shows a crowd of about 20 border patrol agents standing around Hernandez-Rojas. He does not appear to be moving, and Young says in the "Need to Know" report that he was handcuffed. She said she did not witness any evidence of Hernandez-Rojas lashing out on the agents, but they are clearly heard yelling in the video for him to stop resisting. He was then tased five times while calling for help in Spanish.
A small crowd gathered on the bridge and some yelled for the agents to stop. But Young says officers came along to tell the onlookers to keep walking. One officer demanded that two witnesses hand over their cell phones or delete the video they had taken, she says, but she kept walking.
Young said she "felt like she watched someone be 'murdered.'"
Eight individuals were killed along the border under disputed circumstances in just the past two years, according to PBS' investigative report about Hernandez-Rojas' death.
Two new eyewitnesses told PBS that Hernandez-Rojas "offered little or no resistance," and the San Diego coroner’s office categorized the death as a homicide.
John Carlos Frey, an activist and documentarian who tracked down the witnesses, says in the report that he agrees with those who point out that Hernandez-Rojas was committing a crime by reentering the country.
"It is a violation of immigration law, that is true," Frey says in the report. "It does not warrant a lethal bullet between your eyes or in your back."
California's Proposition 187 was submitted to the voters with the full support of then Republican governor Pete Wilson. It essentially blamed undocumented immigrants for the poor performance of the state economy in the early 1990s. The law called for cutting off benefits to undocumented immigrants: prohibiting their access to health care, public education, and other social services in California. It also required state authorities to report anyone who they suspected was undocumented. <strong>Status:</strong> The law passed with the support of 55 percent of the voters in 1994 but declared unconstitutional 1997. The law was killed in 1999 when a new governor, Democrat Gray Davis, refused to appeal a judicial decision that struck down most of the law. Even though short-lived, the legislation paved the way for harsher immigration laws to come. On the other hand, the strong reaction from the Hispanic community and immigration advocates propelled a drive for naturalization of legal residents and created as many as one million new voters.
The Arizona Act made it a misdemeanor for an undocumented immigrant to be within the state lines of Arizona without legal documents allowing their presence in the U.S. The law was widely criticized as xenophobic and for encouraging racial profiling. It required state authorities to inquire about an individual's immigration status during an arrest when there was "reasonable suspicion" that the individual was undocumented. The law would allow police to detain anyone who they believed was in the country illegally. <strong>Status:</strong> The law was signed into law by Arizona Governor Jan Brewer on April 23, 2010, immediately generating a swirl of controversy and questions about its constitutionality. In July 2010 and February 2012, federal judges blocked different provisions of SB 1070, setting the stage for the <a href="http://www.huffingtonpost.com/2012/06/25/sb1070-ruling-supreme-court_n_1614119.html" target="_hplink">the Supreme Court decision of June 25, 2012</a> which struck down multiple provisions but upheld the controversial "papers please" provision, a centerpiece of the law which critics say will lead to racial profiling
The controversy over Arizona's immigration law was followed by heated debate over Georgia's own law. HB 87 required government agencies and private companies to check the immigration status of applicants. This law also limited some government benefits to people who could prove their legal status. <strong>Status:</strong> Although a federal judge temporarily blocked parts of the law considered too extreme, it went into effect on July 1st. 2011. House: 113-56 Senate: 39-17
This bill, which was approved in 2010, bans contractors and subcontractors employ undocumented workers from having state construction contracts. The bill also protects employees who report construction sites that hire illegal workers. To ensure that contractors hire legal workers, the law requires employers to use the identification verification system E-verify, based on a compilation of legally issued Social Security numbers. <strong>Status:</strong> Approved on June 8th 2010. House: 188-6 (07/08/2010) <a href="http://www.flickr.com/photos/donkeyhotey/" target="_hplink">Flickr photo by DonkeyHotey</a>
Many states tried to emulate Arizona's SB 1070 law. However, most state legislatures voted against the proposals. Utah's legislature managed to approve an immigration law based on a different argument. Taking into consideration the criticism of racial profiling in Arizona, Utah required ID cards for "guest workers" and their families. In order to get such a card workers must pay a fee and have clean records. The fees go up to $2,500 for immigrants who entered the country illegally and $1,000 for immigrants who entered the country legally but were not complying with federal immigration law, <a href="http://articles.latimes.com/2011/mar/06/nation/la-na-illegal-immigration-20110306" target="_hplink">according to the LA Times.</a> <strong>Status: </strong> Law went into effect on 03/15/2011 House: 59-15 (03/04/2011) Senate: 22-5 (03/04/2011)
Florida's immigration law prohibits any restrictions on the enforcement of federal immigration law. It makes it unlawful for undocumented immigrants within the state to apply for work or work as an independent contractor. It forbids employers from hiring immigrants if they are aware of their illegal status and requires work applicants to go through the E-verify system in order to check their Social Security number. <strong>Status: </strong>effective since October 1st, 2010
The new immigration law in Alabama is considered the toughest in the land, even harder than Arizona's SB 1070. It prohibits law enforcement officers from releasing an arrested person before his or her immigration status is determined. It does not allow undocumented immigrants to receive any state benefit, and prohibits them from enrolling in public colleges, applying for work or soliciting work in a public space. The law also prohibits landlords from renting property to undocumented immigrants, and employers from hiring them. It requires residents to prove they are citizens before they become eligible to vote. The law asked every school in the state to submit an annual report with the number of presumed undocumented students, but this part, along with others, were suspended by federal courts. <strong>Status:</strong> Approved June 2nd, 2011 House: 73-28 (04/05/2011) Senate: 23-11 (05/05/2011) <a href="http://www.flickr.com/photos/longislandwins/" target="_hplink">Flickr photo by longislandwins</a>