Ed. Note: Ofelia Rivas, the “subject” of this article, has been advised to refuse to speak to the Press and that her life may be in jeopardy. We are placing the story - with her consent - in the hope that if more people are aware of her danger, that danger may cease.
Sells, Arizona – Internationally known Tohono O’odham border rights activist Ofelia Rivas, organizer of the “O’odham Voice Against the Wall” was handcuffed, roughed up, told to cooperate and then released by tribal police working closely with Homeland Security.
“They wanted to intimidate me, threaten me and abuse me to stop my voice,” said Rivas, who has taken the grassroots voice of traditional O’odham to the United Nations and human rights community.
“It is the voice of the elders, it is not my voice. I just carry the message.”
The incident began when the U.S. Border Patrol was driving back and forth in front of Rivas’ mother’s home, on tribal land in Arizona near the U.S. border on Dec. 27. Rivas began photographing the patrol units, which she considers unwarranted intimidation and harassment of tribal members on tribal land.
Border Patrol agents approached her and warned her that it was a violation of law to photograph the U.S. Border Patrol.
Rivas then began driving to the family’s other residence in the desert area, the equivalent of three city blocks, to deliver a prayer ribbon to her mother. As soon as she turned on to the paved road, she saw a tribal police car tailgating her.
“We weren’t doing anything, but driving in our community,” said Rivas, who was traveling with another woman who witnessed what happened.
After pulling off the road, non-Indian police officer J. Branshure, working for the tribe, accused her of failure to stop when he turned on his lights. Then he twisted her arms up high behind her and began to handcuff her.
“I started screaming because of my arthritis,” said Rivas, who has severe rheumatoid arthritis. “He started pushing me up against the car and saying, ‘You are under arrest, get in, if you don’t get in, I’m going to charge you with threatening an officer.’”
Rivas told him he was hurting her, as she continued to ask him what she was being arrested for. Then he began reading her rights.
“He said, ‘I’m not going to take you to jail if you cooperate.’” Officer Branshure threatened to charge her with multiple charges: failure to stop, failure to show identification, interfering with the U.S. Border Patrol (for taking photographs) and two counts of aggressive behavior and threatening an officer.
As Branshure pressed her to cooperate, he said, “So you have a problem with authority?” He told her he did not understand her agenda.
“He said, ‘You don’t have to be arrested today if you cooperate. I want to understand what your agenda is. If you cooperate, then I will ‘un-arrest’ you.’”
When another tribal police officer arrived at the scene, Rivas was released without being charged.
Rivas documented the bruises with X-rays and attempted to file a federal complaint of abuse in Tucson. However, she was told that since a tribal police officer is the accused, no action could be taken.
“The U.S. Border Patrol has the tribal police carry out their dirty work. That way they can get away with anything,” Rivas said.
In the heavily militarized region, the U.S. Border Patrol is now under Homeland Security, and working in conjunction with the Tohono O’odham Nation Police Department. O’odham tribal members live in fear of arrest and entrapment by federal agents.
Rivas said O’odham can no longer walk freely on their land, explore their territory, as they once did, or gather their traditional cactus fruit because of the fear of the tribal police and federal agents’ harassments and arrests.
“People can’t go out on their homelands, the place they grew up. You step outside your yard and you have to have documents or you will be suspected of being as an illegal and harassed.”
The “O’odham Voice Against the Wall” gained international attention after the grassroots group of elders and youths opposed the United States plan to build a huge “Berlin-style wall” along the U.S. border. The wall would have divided O’odham communities in the United States and Mexico.
Rivas testified before the U.S. Commission on Civil Rights in Nogales, Ariz., in August. She described the abuse by the U.S. Border Patrol and Homeland Security. Earlier, a Border Patrol agent held a gun to her head as he threatened her in front of her grandchild.
Meanwhile, the U.S. continues to send federal agents onto tribal land.
U.S. Civil Rights advisory board members said the large number of border crossers onto the Tohono O’odham Nation from Mexico, are the result of failed U.S. immigration policies. A bottleneck was created on O’odham tribal land, as agents and walls were intensified elsewhere between El Paso, Texas and San Diego, Calif.
U.S. Civil Rights advisory board member Jose Matus, Pascua Yaqui, criticized the Tohono O’odham Nation for working with Homeland Security, which resulted in the acceleration of human rights abuses.
Rivas said although the Tohono O’odham Nation claims to be a sovereign nation, it is currently controlled by Homeland Security and the federal government. “They only use the word ‘sovereignty’ when it works for them.”
Regardless of the threats and intimidation, Rivas continues to speak out.
“I would rather live a life with truth.”
Rivas said the O’odham Voice Against the Wall was formed to advocate traditional O’odham rights for safe and free passage on O’odham territory in the United States and Mexico. The elders and Ceremonial leaders have not been a part of the decisions regarding military buildup and the plan to build the wall. The proposed wall would cut family ties and restrict access to routes for O’odham to attend annual ceremonies.
The O’odham Voice Against the Wall is building a strong youth group that is promoting education on human rights, traditional O’odham rights and training youth to document abuses occurring on O’odham territory.
The Tohono O’odham Nation in Arizona has 74 miles of United States and Mexico international boundary. The boundary was established in 1853 by the Gadsden Purchase, known as the Treaty of La Mesilla.
Rivas said, “O’odham communities in Sonora, Mexico, are not supported by the Tohono O’odham Nation although they are enrolled at the headquarters in Sells, Arizona.
“Many of the O’odham communities in Mexico have contaminated drinking water and all communities face encroachment by Mexican ranchers, farmers and miners and now drug traffickers and human traffickers.”
UN OBSERVER and International Report
Sells, Arizona – Internationally known Tohono O’odham border rights activist Ofelia Rivas, organizer of the “O’odham Voice Against the Wall” was handcuffed, roughed up, told to cooperate and then released by tribal police working closely with Homeland Security.
“They wanted to intimidate me, threaten me and abuse me to stop my voice,” said Rivas, who has taken the grassroots voice of traditional O’odham to the United Nations and human rights community.
“It is the voice of the elders, it is not my voice. I just carry the message.”
The incident began when the U.S. Border Patrol was driving back and forth in front of Rivas’ mother’s home, on tribal land in Arizona near the U.S. border on Dec. 27. Rivas began photographing the patrol units, which she considers unwarranted intimidation and harassment of tribal members on tribal land.
Border Patrol agents approached her and warned her that it was a violation of law to photograph the U.S. Border Patrol.
Rivas then began driving to the family’s other residence in the desert area, the equivalent of three city blocks, to deliver a prayer ribbon to her mother. As soon as she turned on to the paved road, she saw a tribal police car tailgating her.
“We weren’t doing anything, but driving in our community,” said Rivas, who was traveling with another woman who witnessed what happened.
After pulling off the road, non-Indian police officer J. Branshure, working for the tribe, accused her of failure to stop when he turned on his lights. Then he twisted her arms up high behind her and began to handcuff her.
“I started screaming because of my arthritis,” said Rivas, who has severe rheumatoid arthritis. “He started pushing me up against the car and saying, ‘You are under arrest, get in, if you don’t get in, I’m going to charge you with threatening an officer.’”
Rivas told him he was hurting her, as she continued to ask him what she was being arrested for. Then he began reading her rights.
“He said, ‘I’m not going to take you to jail if you cooperate.’” Officer Branshure threatened to charge her with multiple charges: failure to stop, failure to show identification, interfering with the U.S. Border Patrol (for taking photographs) and two counts of aggressive behavior and threatening an officer.
As Branshure pressed her to cooperate, he said, “So you have a problem with authority?” He told her he did not understand her agenda.
“He said, ‘You don’t have to be arrested today if you cooperate. I want to understand what your agenda is. If you cooperate, then I will ‘un-arrest’ you.’”
When another tribal police officer arrived at the scene, Rivas was released without being charged.
Rivas documented the bruises with X-rays and attempted to file a federal complaint of abuse in Tucson. However, she was told that since a tribal police officer is the accused, no action could be taken.
“The U.S. Border Patrol has the tribal police carry out their dirty work. That way they can get away with anything,” Rivas said.
In the heavily militarized region, the U.S. Border Patrol is now under Homeland Security, and working in conjunction with the Tohono O’odham Nation Police Department. O’odham tribal members live in fear of arrest and entrapment by federal agents.
Rivas said O’odham can no longer walk freely on their land, explore their territory, as they once did, or gather their traditional cactus fruit because of the fear of the tribal police and federal agents’ harassments and arrests.
“People can’t go out on their homelands, the place they grew up. You step outside your yard and you have to have documents or you will be suspected of being as an illegal and harassed.”
The “O’odham Voice Against the Wall” gained international attention after the grassroots group of elders and youths opposed the United States plan to build a huge “Berlin-style wall” along the U.S. border. The wall would have divided O’odham communities in the United States and Mexico.
Rivas testified before the U.S. Commission on Civil Rights in Nogales, Ariz., in August. She described the abuse by the U.S. Border Patrol and Homeland Security. Earlier, a Border Patrol agent held a gun to her head as he threatened her in front of her grandchild.
Meanwhile, the U.S. continues to send federal agents onto tribal land.
U.S. Civil Rights advisory board members said the large number of border crossers onto the Tohono O’odham Nation from Mexico, are the result of failed U.S. immigration policies. A bottleneck was created on O’odham tribal land, as agents and walls were intensified elsewhere between El Paso, Texas and San Diego, Calif.
U.S. Civil Rights advisory board member Jose Matus, Pascua Yaqui, criticized the Tohono O’odham Nation for working with Homeland Security, which resulted in the acceleration of human rights abuses.
Rivas said although the Tohono O’odham Nation claims to be a sovereign nation, it is currently controlled by Homeland Security and the federal government. “They only use the word ‘sovereignty’ when it works for them.”
Regardless of the threats and intimidation, Rivas continues to speak out.
“I would rather live a life with truth.”
Rivas said the O’odham Voice Against the Wall was formed to advocate traditional O’odham rights for safe and free passage on O’odham territory in the United States and Mexico. The elders and Ceremonial leaders have not been a part of the decisions regarding military buildup and the plan to build the wall. The proposed wall would cut family ties and restrict access to routes for O’odham to attend annual ceremonies.
The O’odham Voice Against the Wall is building a strong youth group that is promoting education on human rights, traditional O’odham rights and training youth to document abuses occurring on O’odham territory.
The Tohono O’odham Nation in Arizona has 74 miles of United States and Mexico international boundary. The boundary was established in 1853 by the Gadsden Purchase, known as the Treaty of La Mesilla.
Rivas said, “O’odham communities in Sonora, Mexico, are not supported by the Tohono O’odham Nation although they are enrolled at the headquarters in Sells, Arizona.
“Many of the O’odham communities in Mexico have contaminated drinking water and all communities face encroachment by Mexican ranchers, farmers and miners and now drug traffickers and human traffickers.”
UN OBSERVER and International Report