Court Rules in Case of Mexican Seized Near Canadian Border

Professor Kevin Johnson of the School of Law commented in The Sacramento Bee, regarding the recent ruling by the Ninth Circuit Court of Appeals concerning a Mexican laborer who was stopped in Montana by the Border Patrol.

Johnson, who teaches immigration law, questioned why the focus of the Border Patrol should be on Mexicans at the Canadian border, rather than Canadians. He said the courts decision revealed a widespread and misguided understanding of what immigration is all about, illustrating why reasoned solutions have been so difficult to reach in the nations current immigration debate. When people think about immigration, they think about Mexican immigration, when ... its much more complex, Johnson said.

The appeals court ruled June 20, 2006, that the Border Patrol in Montana was not justified in stopping a Mexican laborer on the basis of what agents considered suspicious behavior including speaking Spanish with his buddies at a high school football game.