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Appeals Court: Border Patrol in Ohio Didn’t Target People Who Looked Hispanic

File photo of a Border Patrol agent.

File photo of a Border Patrol agent.

By Steve Neavling
ticklethewire.com

Border Patrol agents in Ohio did not racially discriminate several Hispanic people who were stopped by the Sandusky Bay Station, according to a federal appellate court.

The U.S. Court of Appeals for the Sixth Circuit in Cincinnati upheld a lower court’s ruling that the complainants failed to prove people were targeted because they look Hispanic, the Toledo Blade reports

the Farm Labor Organizing Committee and Immigrant Worker Project claimed in a lawsuit that agents targeted Hispanics for stops and detention and uttered racist terms.

The Blade wrote:

o prove that the agency has such a policy, the plaintiffs needed to show that there was a formal policy, that there was a policy of inadequate training or supervision, that decision makers allowed illegal actions, or that it has a custom of “tolerating violations of federal law.”

The plaintiffs didn’t argue that there was a formal policy or inadequate training. But the court also ruled that high-ranking decision makers testified that they do not allow racial profiling. A pair of agents testified that they could use race as a factor, but not the only consideration for a stop.

“Neither of these agents, however, testified that he ratified anyone else’s use of race as a factor in determining whom to approach,” the court wrote.

The court also ruled that four encounters by Hispanic persons with Border Patrol agents were allowable, because other factors were used besides race to initiate the stop. 

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