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  hmmmm.... i think we have some simularities here with laros case - and kevins case too at the state level - hmmm.... how do you say jack booted government thugs in a politically correct way?

Original Article

Crossing a border between humanity and inhumanity

Oct. 30, 2005 12:00 AM

Unless the charges against them are dropped, Daniel Strauss and Shanti Seliz, who are in their 20s, could spend up to 15 years in prison for the crime of showing compassion in the face of human suffering.

This is nothing new. There is a long list of individuals who have paid with their freedom and even their lives for the sometimes unforgivable offense of benevolence. All that changes over the generations are the legal technicalities.

In this instance, Strauss and Seliz were indicted in August in Tucson's federal courthouse on one count each of conspiracy to transport an undocumented immigrant and transporting an undocumented immigrant.

"What they were doing, in fact, was transporting sick people for medical care on the advice of both a doctor and a lawyer," says Margo Cowan, a lawyer who works with the young people in a volunteer organization called No More Deaths.

It happened in July, at a time when more border crossers are found dead in the Arizona desert than anywhere along the thin line separating the United States from Mexico. No More Deaths, a faith-based group, sets up camps in the dangerous and unforgiving wilderness, then offers food and water to the desperate people its volunteers come upon. Sometimes they transport people to Tucson for medical care.

That is what Strauss and Seliz say that they were doing when U.S. Border Patrol agents stopped them with three foreign nationals in their car.

The pair later were offered a plea deal that would have dropped the charges in exchange for an admission of guilt, participation in a diversion program and a year's probation. They turned it down.

In a statement in July, Strauss said, "Shanti and I are not accepting this plea because we have committed no crime."

A trial date has been set for Dec. 20. Recently, No More Deaths began a campaign to try to get prosecutors to drop the charges. They're holding press conferences, sending out mass mailings and speaking to community groups.

"I would hope that the United States would realize that these kids are humanitarians and not criminals," Cowan said. "It's an unfortunate waste of taxpayer resources to bring these charges. No matter what you think of immigration or what you think of border policy or any of that, it is really hard to find somebody who says that it's OK to let people die."

Maybe, but a spokeswoman for the U.S. attorney said, "Our office is aware of the (No More Deaths) campaign. A federal grand jury indicted the pair based on their arrest, and a jury will make the determination whether they're guilty or innocent."

There are only two things about the immigration crisis that people on both sides agree upon. First, too many people are illegally crossing the border. Second, too many people who cross the border wind up dead.

"The essence of this case is that we must never get to the point where it is a crime to provide humanitarian aid," Cowan said. "That's why we hope that the prosecutor will drop the charges. That is why Daniel and Shanti didn't take a deal. This isn't just a case about these two young people."

Although it could be. In a culture obsessed with Katie and Tom's prenup, with TiVo, iPods and Netflix, with blogging rather than doing, here we have two young people who understand the difference between unwavering convictions (which dictate action) and simple opinions (which require only words, spoken or in print).

Instead of branding them as criminals maybe we should be praising them for what they really are: Role models.

Reach Montini at (602) 444-8978 or ed.montini@arizonarepublic.com.