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Hundreds protest charges vs. 2 humanitarian workers

Josh Kelley The Arizona Republic Dec. 18, 2005 12:00 AM

People angered by the indictment of two aid workers accused of illegally transporting undocumented immigrants across the Arizona desert gathered in Phoenix on Saturday to demand that criminal charges in federal court be dropped.

A few hundred people marched through downtown along Jefferson Street to Cesar Chavez Commemorative Plaza, where a 24-hour vigil began at 6:30 p.m. to show support for Shanti Sellz and Daniel Strauss.

"We're all here to declare it's never wrong to help someone in need," Sellz told the crowd before the march.

Border Patrol agents arrested Sellz and Strauss on July 9 as they were transporting three undocumented immigrants in a car to Tucson from a desert aid camp well to the south near Arivaca.

Sellz and Strauss were 23-year-old volunteers working for No More Deaths, a non-profit group that tries to prevent immigrant deaths by providing medical care, food and water to those crossing southern Arizona from Mexico.

Sellz, Strauss and others who worked with them say the three undocumented immigrants were found dangerously dehydrated in the desert and needed immediate medical attention. So Sellz and Strauss were heading to a church in Tucson to get them treatment.

When agents pulled them over, they determined the immigrants did not need emergency medical care and detained everyone in the car, according to the Border Patrol.

The two are charged with conspiracy to transport an illegal alien and transporting an illegal alien.

The U.S. Attorney's Office in Arizona offered Sellz and Strauss a plea agreement that would spare them prison time in exchange for admitting they broke the law.

They refused and could face up to 15 years in prison and a $500,000 fine each if they are found guilty by a jury.

Sellz said Saturday that she's willing to take that risk because to plead guilty to avoid prison "would be us denouncing our own work."

As she spoke, marchers ahead of her carried sings reading "Humanitarian Aid Is Never A Crime" and "Free The Tucson 2!"

Strauss, who lives in Wyoming, was not in Phoenix on Saturday.

Sellz said that it is crucial that they be found innocent. Otherwise, people will fear being arrested if they render aid to undocumented immigrants, prompting more deaths in the desert, she said.

"People die literally right in front of our faces, and we don't do a thing to help," she said.

Last week, Sellz and Strauss testified in a U.S. District Court hearing in Tucson. Their attorneys argued for the case to be dismissed before it goes to trial. The hearing is scheduled to continue Jan. 5.

"If we don't win our motion to dismiss, then we'll go to trial," Sellz said.

Paul Charlton, U.S. a Attorney for Arizona, has refused to drop the charges against Sellz and Strauss.

On Saturday, Sandy Raynor, spokeswoman for Charlton's office, said there has been no change of plans.

"The grand jury of citizens returned an indictment against them, and a jury will hear the evidence at trial for both sides and make a determination whether they're innocent or guilty," Raynor said.

Among those who came out Saturday to support Strauss and Sellz was Elias Estrada, manager of a Mexican restaurant in Phoenix who said he identifies with the three undocumented immigrants whom Strauss and Sellz aided.

http://www.eastvalleytribune.com/index.php?sty=55183

Vigil supports 2 who aided migrants By Howard Fischer, Capitol Media Services December 14, 2005

Groups that aid migrants are planning a march and vigil in hope of convincing federal prosecutors to drop charges against two people who transported illegal entrants.

The Rev. David Ragan of Shadow Rock United Church of Christ in Phoenix said it is wrong to charge Shanti Sellz and Daniel Strauss with felonies.

The pair said they were taking three men found in the desert in July to a Tucson church for medical care.

"When we see people dying in our deserts, how can we help but not hand out that water, that food?" he asked.

But the two volunteers are not in trouble over food or water but for transporting them. And Ragan, also a member of No More Deaths, conceded neither called the Border Patrol or for an ambulance.

"One of the things about anybody who encounters anybody who is dying or who is close to death is you have to react in a way that you believe is the most human," he said. Ragan said both had great courage "to act themselves rather than go through bureaucracy."

But Gustavo Soto, a spokesman for the Border Patrol, said the area where the migrants was found is normally patrolled.

Soto said agents have the ability to provide emergency treatment and transportation.

And if nothing else, Soto said, Sellz and Strauss should have called 911.

No More Deaths is hoping for thousands of Marchers this Saturday from Eastlake Park to downtown Phoenix.

Then there will be a 24-hour vigil until 6 p.m. Sunday.

The Rev. Gene Lefebvre, also from Shadow Rock, said there always has been an understanding with Border Patrol officials that volunteers could provide transportation if necessary.

Weve been operating this way for four years, he said. Soto, however, said no one from his agency ever authorized volunteers to break the law.

The two volunteers rejected an offer of a plea deal, saying that would amount to an admission of guilt.

Trial is scheduled for next month in federal court in Tucson.

Lefebvre said since the arrests, the policy of No More Deaths is not to provide transportation at least not until the legal issues are resolved.

One of those issues is justification.

Dawn Wyland, interim director of the Arizona chapter of the American Civil Liberties Union, said it is unconstitutional to prosecute someone acting in good faith to protect or save the life of another.

Contact Howard Fischer by telephone at () -.