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Arizona Humanitarian Convicted for Trying to Save Lives -

Friday, August 14, 2009



My hero of the week is Walt Staton.

Mr. Staton is a young man living in Arizona who is set to enter the seminary next week. He has spent the last several years volunteering with the group "No More Deaths," which was founded by people of faith and social activists to combat the "morally intolerable situation" of migrants dying while crossing the Sonoran Desert. The organization's main goal is to save lives by providing assistance to the people crossing the desert - mainly by providing them water to drink.

He was convicted in federal court of littering - for leaving plastic jugs of water out for people to drink as they crossed the parched, barren desert. The prosecutors claimed that Mr. Staton's "actions are not about humanitarian efforts, but about protesting the immigration policies of the United States, and aiding those that enter illegally into the United States," and pointed out that many of the water jugs had the phrase "Buena Suerte" (translation: "good luck") written on them, pointing to the conclusion, claimed prosecutors, "that the defendant and No More Deaths wish to aid illegal aliens in their entry attempt." Federal Magistrate Jennifer Guerin sentenced Mr. Staton to 300 hours of picking up trash and a year of unsupervised probation.

How are the actions of a group trying to save lives - 124 migrants have died in the Arizona desert since last October - not "humanitarian efforts?" Mr. Staton recalls his experiences:

"It starts to put the world in perspective. You start meeting real people. You meet moms, and you meet children, and you meet dads, and uncles, and grandpas, and you know, the people that I consider to be heroes. I mean these people are basically saying, “I refuse to raise my children in poverty, or I refuse to live in a situation where I can’t get a job that is dignified. I can’t live with dignity, so I’m moving.

"I think the courage of people to migrate is a really inspiring thing, but it’s tough in a lot of ways because there isn’t a whole lot we can do. I mean, we are out there as medical people, and with food and water just to–– I guess if you find someone in their worst possible state, if they’re in real medical distress, then we can take them to a hospital or something. But the hardest part is realizing there is not a lot we can do. We can’t drive people places. So you meet these really amazing folks who are making a very powerful statement with their feet, you know, and you are just a little blip in their longer journey."

Reading his words, I remembered one of my experiences several years ago. My husband and I spent a spring break during law school camping with our families at Big Bend National Park. As we began our drive out of the park to head back to Austin, we spotted what I thought was an old man walking through the agaves and cacti. He looked disoriented and sick, so I pulled over to check on him. He cautiously eyed us and I waved him over. Fearfully, he finally began walking slowly towards us. I then realized he wasn't an old man at all, but probably a man younger than me. He just appeared old because he was so hunched over and weather-beaten. I asked him if he had any water or food (it was unbelievably hot and dry that day). He replied that he did not, so we handed him several bottles of water, snack bars, and fruit. I really wanted to invite him into my back seat, but remembered that we could then be arrested and charged with transportating an "alien" (I hate that word) under 8 U.S.C. § 1324(a)(1)(A)(ii). I figured that we could also be arrested for providing the man with food and water, but I figured obeying moral and ethical laws was more important in that situation than possibly violating a federal code when I thought a man could die in front of us if he didn't get water soon.*

My experience was only a brief one, so I can only imagine how strongly Mr. Staton and his fellow volunteers feel after meeting hundreds of migrants and learning of several of their deaths. I was proud to read that "No More Deaths" is continuing to solicit volunteers and provide much needed water, medical supplies, and food to our brethren and sistren as they risk their lives to provide a better life for their families. I'm sure this won't be the last arrest and conviction but am glad that the volunteers are continuing to follow their convictions.

*I have since learned that federal courts have held that providing "aliens" with food or water does indeed violate 8 U.S.C. § 1324.

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