Tribes Are Caught on the Border
For
centuries, Indians have lived on lands that straddle the U.S.-Mexican boundary.
Now, the
crackdown
on crossings threatens a way of life that never depended on checkpoints
or visas.
By KEN ELLINGWOOD, Times Staff Writer
TOHONO O'ODHAM RESERVATION, Ariz.--Beads of sweat betray Betty Antone's
anxiety
as she
noses the Chevrolet Suburban through a gap in the cow fence that separates
the United States
and Mexico
in this lonesome desert corner.
The trip, once routine for the 23,000 Tohono O'odham Indians whose lands
are split in half by the
international
divide, is suddenly fraught with legal risk.
"I feel like a smuggler, but I have to do it," says Antone, who shuttles
ailing tribal members to the
reservation
hospital on the U.S. side.
Antone has reason to feel jittery--she is, after all, breaking U.S. law.
One of her passengers, an
80-year-old
man with tuberculosis who's been coughing blood for a month, lacks documents
to legally
cross
the border. And entry anywhere but an official checkpoint also is a violation
of U.S. law.
A recent jump in illegal immigration and drug smuggling through this prickly
landscape of mesquite
and bent-armed
saguaro cactus southwest of Tucson has drawn heightened enforcement and
dramatically
altered life along the 70 miles of border abutting the reservation.
Some of the 1,300 tribal members in Mexico no longer venture north to visit
relatives or the
reservation's
34-bed clinic; others have been arrested and deported. Counterparts on
the U.S. side,
many born
in Mexico or lacking U.S. citizenship papers, have been forced to stop
taking part in
religious
pilgrimages and other ceremonies in the Mexican border state of Sonora.
Other tribes straddling the U.S.-Mexican border in California and Arizona
are also concerned that
tighter
immigration controls could cleave their ranks forever. Two indigenous groups
in Texas with
cross-border
ties are seeking U.S. citizenship rights.
In related efforts, members of the Tohono O'odham and San Diego's Kumeyaay
Indians have
joined
U.S. and Mexican officials in testing a novel program to provide Mexican
passports and U.S.
border-crossing
cards to Mexican members who typically lack so much as a birth certificate.
As a key
step,
the San Diego tribe is conducting a census in seven indigenous communities
in Baja California.
Kumeyaay
leaders would like Mexican Kumeyaay eventually to be able to work freely
on the U.S.
side as
language teachers or to sell handmade baskets and pots at U.S. Indian casinos.
Tohono O'odham leaders propose a more daring answer: changing U.S. nationality
law to grant
citizenship
to enrolled tribal members in Mexico and to treat tribal identification
cards as proof. The
proposal
reflects a growing desire to fix what leaders consider a historical oversight--that
the group
was not
taken into account in 1853 when Mexico sold to the United States a huge
chunk of the
Southwest
that included land the Tohono O'odham had inhabited for centuries. Likewise,
tribal
officials
said no arrangements for passage were made in the 1930s, when the tribe
was recognized by
the United
States.
Unlike its border with Canada, where the United States permits indigenous
Canadians free
passage,
no sweeping arrangements exist for groups along the Mexican border. The
Tohono
O'odham,
which means "desert people," still consider themselves a single tribe.
The idea that they
should
now have documents to move about their traditional lands strikes some,
especially older
members,
as baffling.
"It's not our fault there is this division," said Alicia Chuhuhua, a Tohono
O'odham leader in Pozo
Prieto,
a Mexican village about 75 miles south of the Arizona border. "They never
asked us. It's not
our fault
that Mexico sold it and the United States bought."
For long after the land transfer, the Tohono O'odham, formerly known as
Papago, paid little
attention
to the border--marked by white obelisks in the desert shrubs that cut the
traditional lands
roughly
in half, each side about the size of Connecticut. The only barrier is a
flimsy cattle fence that
went up
in the 1930s to prevent diseased livestock from wandering into the United
States.
The O'odham Nation is the sole U.S.-recognized tribe that enrolls Mexican
members, many of
whom belong
for tribal voting purposes to the 11 Tohono O'odham districts in the United
States.
Discussions
at public meetings shift from the Tohono O'odham language to English, then
to Spanish
and back
again without translation.
Tribal members from both sides have traditionally gathered each year, some
on foot, for religious
pilgrimages
in Mexico. On the U.S. side, a cave atop 7,700-foot Baboquivari Peak is
considered
home to
I'itoi, the most important Tohono O'odham deity, and is a sacred prayer
spot for those in
crisis
or seeking forgiveness.
Family ties stretch from sun-faded stucco homes on the U.S. reservation
to adobe shanties in
Mexico,
where there are about a dozen indigenous communities but no official reservation.
Some
Mexican
members have commuted over dirt roads through three unofficial crossings
to jobs in Sells,
30 miles
north of the border.
In the past, undocumented immigrants from Mexico's interior were scarce,
as were U.S. Border
Patrol
agents. Tribal members stopped at the border often were waved along merely
by flashing a
tribal
ID card.
That informality has given way to a charged air that the tribe's vice chairman,
Henry Ramon,
compares
to a "war zone."
As streams of illegal immigrants seek to cross, Border Patrol helicopters
fly above, helping agents
on the
ground chase groups dropped off from cattle trucks at the fence to head
north. Discarded
clothes
and scores of spent water jugs mark pickup spots favored by smugglers.
Sneaker prints wend
around
stands of ocotillo.
In March, a reservation high school became a makeshift emergency shelter
after 330 migrants were
rescued
from a snowstorm.
The agency has no consistent policy toward the Tohono O'odham. "Our people
get caught in the
middle,"
Ramon said. "It's a real problem. And it's getting worse."
A tribal attorney said that at least 50 Tohono O'odham members crossing
from Mexico have been
arrested
in the past year or so by U.S. authorities. Others have been searched and
released. The
Border
Patrol says it has caught some tribal members harboring illegal entrants
and stashing drugs but
says it's
not a widespread problem.
At the closest official ports of entry on either side of the reservation--90
and 105 miles
away--Mexican
tribal members have run into trouble or been turned back because they lacked
proper
documents.
Faustino Romero Zepeda, a 34-year-old Tohono O'odham born in Mexico, was
deported from
the port
of entry at Lukeville last June after he tried to return to his U.S. home
from tribal business in
Mexico.
The INS contends that Romero falsely declared himself a U.S. citizen. Romero,
who as a
result
was barred from entering the United States for five years, returned nonetheless
on foot to the
U.S. reservation,
where he works as a ranch hand.
The tribe has applied for a visa on his behalf, but tribal officials say
Romero probably deserves
U.S. citizenship.
His grandmother's birth in Arizona was never registered, thereby denying
U.S.
citizenship
to Romero's mother and, ultimately, to him.
The paucity of paperwork is central to the difficulties of the Tohono O'odham,
Kumeyaay and
other
border tribes. Many older members were born at home and never received
birth
certificates--the
most basic requirement for establishing citizenship. And finding people
to attest to a
birth
decades later can be nearly impossible.
The result is that thousands of Indians born in Mexico cannot get a Mexican
passport needed to
receive
a so-called laser visa to enter the United States at official checkpoints.
And many Mexican
Indians
live an isolated farming existence that produces none of the documents,
such as pay stubs,
bank statements
and rent receipts, typically required by U.S. officials to ensure that
a visitor has no
intention
of staying. Their attempts to enter lawfully become an exercise in futility.
"They told us they would go to the [U.S.] consulate in Tijuana and be denied.
They'd shrug their
shoulders
and go home. That was not acceptable," said Warren McBroom, a lawyer for
the U.S.
Immigration
and Naturalization Service in Washington, D.C., and expert on cross-border
indigenous
groups.
Mexican Indians have entered under special waivers, issued case by case,
for hospital visits,
funerals,
family emergencies or cultural ceremonies. But waivers require the tribe,
U.S. immigration
officials
and U.S. consular staffers in Mexico to fax names back and forth. It is
time-consuming and
vulnerable
to mix-ups.
U.S. officials hail the pilot program, which forgoes some of the usual
documents and accepts tribal
declarations
in place of others, as an imaginative response to the problems of indigenous
groups along
the Southwest
border.
"It's no fun for us, either, to have someone standing in front of you with
no documentation and
needing
to go to a medical facility," said Roseanne Sonchik, director of the INS
Phoenix district.
In Baja California, members of San Diego's Kumeyaay tribe are going door
to door in remote
indigenous
communities to compile a census for verifying the status of people seeking
travel papers.
The questionnaire
asks names and tribal affiliation of parents, grandparents and great-grandparents.
Northern
Baja is home to four indigenous groups.
On a recent day, Jamul resident Veronica Thing and an aunt from Ensenada
stopped in at several
homes
in San Antonio Necua, 30 houses tucked an hour's drive outside Ensenada.
Thing made
introductions
and the aunt, Cruz Salgado, gently asked the questions. Herminia Dominguez
Crosthwaite,
reluctantly agreed to answer. Swiping a weathered wooden cane back and
forth in the
dust at
her feet, she explained in Spanish that she has no birth certificate. She
was hesitant on her
age--79
or 80, she decided--and struggled to come up with the name of her birthplace,
a community
nearby.
Dominguez once spent an hour north of the border from Tecate--courtesy
of a kind immigration
inspector--but
has no plans to return. She questioned how long it would take to process
a passport
and visa.
"Before I die?" she asked.
Just how far the U.S. government will go to assist tribes' binational ties
is a big question mark at a
time when
tighter borders are a national priority.
A previous proposal to allow Mexican Tohono O'odham to cross freely went
nowhere in the U.S.
Congress
two years ago, but such a move would not be entirely without precedent.
The Kickapoo
tribe
in Texas won U.S. citizenship and crossing rights for its Mexican members
in the 1980s. That
group
and a separate Kickapoo tribe are seeking to reopen the offer of citizenship
for their members
who live
on the U.S. side but migrate each winter to Mexico for traditional religious
observances.
Tohono O'odham leaders insist that their situation is more dire, saying
it is critical, especially for
them to
maintain medical services for Mexican members who live far from any Mexican
hospitals. All
enrolled
tribal members are entitled to the basic services provided at the reservation's
clinic, which is
overseen
by the U.S. government. The O'odham Nation has long been poor and unhealthy,
with an
average
annual income of $8,347 and the world's highest diabetes rate. But $52
million in profits last
year from
a pair of Arizona casinos and the prospects of a third, just under construction,
have buoyed
hopes
for improving services.
As the tribe confronts the broad outside forces, some fear the tranquil
atmosphere of the desert
region
may be gone for good. Travelers on the Mexican side often encounter Mexican
soldiers looking
for drug
traffickers. Tribal officials complain about environmental harm caused
by Border Patrol
operations.
The vendors, now lonely, grouse that sparse sales at the border fence are
a sign of the
new tension.
"We'll never go back to the wonderful, free, safe, traditional lives we
used to enjoy," said tribal
education
director Rosilda Lopez-Manuel, who discourages her husband from camping
on remote
reservation
lands because she fears drug smugglers and groups of illegal immigrants.
"It's a big loss.
My childhood
memories--thank God I have the memories."