Arizona Rancher Sued By Illegals Crossing his Property

A man from Arizona who has been fighting illegals crossing his property, damaging equipment, killing livestock, littering his property and breaking into his home for the last 10 years. He is now being sued by a group known as MALDEF (Mexican American Legal Defense and Educational Fund).

A judge has refused to throw the case out. The rancher claims that illegals do not have the same rights as natural born citizens. Apparently, the judge disagrees.

An Arizona man who has waged a 10-year campaign to stop a flood of illegal immigrants from crossing his property is being sued by 16 Mexican nationals who accuse him of conspiring to violate their civil rights when he stopped them at gunpoint on his ranch on the U.S.-Mexico border.

Mr. Barnett told The Washington Times in a 2002 interview that he began rounding up illegal immigrants after they started to vandalize his property, northeast of Douglas along Arizona Highway 80. He said the immigrants tore up water pumps, killed calves, destroyed fences and gates, stole trucks and broke into his home.

Sounds reasonable. I grew up in the country. The old men that owned the land didnt seem to mind us fishing in their ponds. But they did scold us when we left messes. We soon learned to clean up after ourselves and all was fine.

This guy even went as far as to try and help them so they wouldnt damage his personal property

Some of his cattle died from ingesting the plastic bottles left behind by the immigrants, he said, adding that he installed a faucet on an 8,000-gallon water tank so the immigrants would stop damaging the tank to get water.

But that wasnt good enough for them, either. I cant say I blame the guy.

Mr. Barnett said some of the ranch´s established immigrant trails were littered with trash 10 inches deep, including human waste, used toilet paper, soiled diapers, cigarette packs, clothes, backpacks, empty 1-gallon water bottles, chewing-gum wrappers and aluminum foil - which supposedly is used to pack the drugs the immigrant smugglers give their "clients" to keep them running.

So he packed a gun and went on patrol. On his own property. The government refused to step in and help. The local sherriff did, but to no avail. I cant blame the guy for packing a gun either. Odds are they were packing as well. When it comes to situations like that. Guns or not, he is outnumbered, and they are trespassing. He has every right to defend, not only his land, but his country.

But they dont see it that way. Their "rights" were violated and they want 32 million dollars.....

Trial continues Monday in the federal lawsuit, which seeks $32 million in actual and punitive damages for civil rights violations, the infliction of emotional distress and other crimes. Also named are Mr. Barnett's wife, Barbara, his brother, Donald, and Larry Dever, sheriff in Cochise County, Ariz., where the Barnetts live. The civil trial is expected to continue until Friday.

This sickens me to the core. Its these cases that cause me to have NO sympathy for the illegals. There are avenues you can take to enter here legally. And the arguement that "we stole it from them to begin with" is a farce. They lost a war. And to the victor goes the spoils. We won, its ours. Stay out.

They really need to fix the problems that their own country has as opposed to spreading like a disease into our country and infecting our system.

Link to full Washington Times report.

Does this make any sense. I know mexico is practically a third world country, but I don't believe you should just leave your country and go somewhere else that's better, unless its to avoid unjust persecution from the gov't.

If your country sucks, stay put and make it better. But if it sucks because you suck don't come over here make this country a complete wasteland then sue people for getting mad. JESUS CHRIST!!!

I have no problems with immigrants at all. My problem lies with illegal aliens. Of course, that term is going the way of the "N" word. Its "dirty" and shouldnt be used, according to them.

I've argued before that yes, my grandparents IMMIGRATED here. They waited at ellis island like everyone else and within 1 generation they owned a grocery store and tavern. It wasnt much. Just a corner store and pub, but it paid the bills and they raised 4 kids from it, with NO assistance from the government at all.

This garbage about "we need them to do the work noone else will" is nonsense. Its pure garbage spewed from the companies that love paying them 3 bucks an hour, under the table.

The arguement that if they paid the fruit pickers 10 bucks an hour, fruit would cost more, thus no one could afford it is nonsense. I would gladly pay a few bucks more for a bag of oranges if I knew that money was going to CITIZENS.

Restaurants used to pay upwards of 10 bucks an hour or more for cooks. Now you cant even get considered for the job. The kitched is filled with illegals and their families, all willing to make 5 bucks an hour. Is the menu any cheaper? No. But the employees dont care. They all live in an apartment and split the rent 6 ways, so 5 bucks an hour is fine.

But what sickens me, is gall these people have. Taking to OUR streets and DEMANDING rights. You have NONE! You are not supposed to be here at all. You screwed up your own country. You dont care enough about that sewer you used to call home. Instead of fixing it, or even trying you instead come here with your hand out expecting ME to foot the bill. Its garbage.

Can the American people sue Mexico for the actual and punitive damages for them not taking care of their people and letting them come over here to disrupt our economy and criminal justice system?

Can we sue the ILLEGAL immigrant population because they came here ILLEGALLY and are costing taxpayers billions?

Seriously, what message does that send when a person comes into the country by breaking the law but can turn around a sue someone who is trying to prevent harm to his property during the process of the crime of breaking into the country illegally.

There is a reason why the Mexican population has such a high crime rate.

As an immigrant to this country(Far as I'm concerned I'm a proud American) I say these illegals are violating the property rights of that rancher, not just US immigration policy. Where I'm concerned is erecting walls to keep people out eventually serve to keep people in. And while we need to curb illegal immigration, we also need to remain an open and free country. We need to continue to be the beacon of hope for the rest of the world. That is what brought my family here.

You see, my parents are Cubans. Both worked for the government upon the Peruvian exodus from Cuba in 1979 in which they escaped and went to Costa Rica. Ten years in my brother and I were born, and we got the OK to come to the US. The government literally brought us here. My brother(Still not a citizen) is in the Army serving in Iraq, my parents, though they have their shortcomings, are law abiding and do not interfere or infringe. I am a vocal dissident, a contributing member of American society and I pay taxes.

And my citizenship status does not mean that I back the "rights" of illegal immigrants. Now, that said, upon this land, they do have SOME rights. Meaning that they too deserve due process, Because it is either due process for everyone, or no one.

The rancher in question does not deserve to be treated like this. Due process for this Rancher and his rights are being ignored in favor of political correctness. And this is not just wrong it is illegal. He cannot be deprived of LIFE, LIBERTY, or PROPERTY without due process, and this suit is essentially seeking to circumvent that. The man has property rights and is well within his legal rights to protect, preserve, and defend his life, liberty, and property. If he shot an illegal crossing the border onto his property(Without knowing what this person was bringing into the country i.e. drugs, guns), then he is well within his rights to do so. These people have caused him much in damages and are now seeking to ruin him for protecting his life, liberty, and property.

All I have to say is this:

There are ways of getting into the US legally and permanently if your are seeking a better life, and a new place to call home. My allegiance is to America, not Cuba and not Costa Rica. They come here to reap the benefits and yet ally not with the US. And when we Americans demand that the laws we have in place are enforced we are called racists and xenophobic. HELLO! I'm a Spanish speaking immigrant to this nation and I am neither racist or xenophobic. Illegal immigrants are a HUGE source of crime in the border states and even in some distant states. And it is just devastating that a group upholding illegal immigration are suing a private citizen for protecting his home, livestock and land from what could be dangerous individuals. And the court isn't throwing the case out? What the hell is this? What country are we in that something like this would be allowed to happen?

Judge should be removed from the bench. Judges like him are the reason our country has been legally sold to the rest of the world. If it doesn't end, we won't have a country anymore.

[edit on 9-2-2009 by projectvxn]

There is another case going on here in Az too where an illegal immigrant has sued , because the transport that was taking him back to mexico got in an accident,
and he won 200,000 settlement.

These idiots. Next time, the rancher will likely just shoot them, instead of "stopping" them at gunpoint. Much less of a hassle.

I think he made it obvious that he just wants his property to be respected. Going so far as to install a faucet on his water tank is clear indication that he in no way intended to cause anyone any harm, or even impede their progress.

In order to claim civil rights, one must first be civil. Entitlement syndrome is tough to get around however, and it seems these illegals are infected.

Not to mention, AZ does have a Castle Doctrine SB 1145, so in all reality, the rancher's got the right to use deadly force if he feels he or his home are in danger.

The fact this hasn't been thrown out of court shoudl alert everyone against the dangers of having "Activist judges" in office. WTF happened to the America that my grandparents built and fought for?

There are legal ways to IMMIGRATE to America. Entering illegally, causing excessive property damage and trespassing are NOT on the list of acceptable methods to obtain legal residency or citizenship. These people committed multiple crimes and the reason they are suing is because their "Rights" were violated during the commission of said crimes. NO ONE, I repeat NO ONE should have any rights when they are committing a crime.

I hope that the next go around, this guy just pulls out his gun and shoots them all right on the spot and then buries 'em in a field. That would solve a number of problems all at once!

It seems that the problem is that he physically rounded up and held them captive. Which is illegal. No one can play law enforcement that is not a law enforcement agent.

Or else anyone can hold a neighbor at gunpoint until they get what they want.

Does this guy have a right to be angry? Absolutely. But detaining people against their will was not the smart way to go about it.

Seems that the illegals are taking a page out of the American handbook and suing for a living.

Why they have any rights is beyond me.


Lets hope in the process that they get arrested for tresppassing and property damage.

Problem is, that he will have to prove that this particular group made some violations. He can't detain people for what others have done.

People can't be held liable for others crimes. This is why the courts are letting the trial happen.

Are the illegals wrong? Yes, but the judges wouldn't be upholding the constitution of they allowed peole to be convicted for others crimes.

maybe he can turn around and sue them for distress.

What these people don't realize is they are making a pr disaster. When Americans start catching wind that they are winning lawsuits for illegal activities, their stay here is gonna keep getting more uncomfortable.

I don't even know why they are coming in, when there is a surplus and others are already leaving for lack of jobs.

reply to post by nixie_nox


Let this be a lesson to all those living on the border in areas with the castle law. Just shoot trespassers, its a lot less trouble.

Just post signs in english and spanish saying "Trespassers WILL be shot" and post up and feed the coyotes.

reply to post by nixie_nox


ever hear of citizens arrest?

Like hell a property owner can't detain anyone on THEIR property until law enforcement arrives to take them in custody from the rancher!

If the Illegals win this case you better believe that in states that have the Castle law you'll start seeing land owners shooting the illegals for trespassing.

If someone from another country wants to come to the U.S. i'm all for it as long as they do it LEGALLY If you don't come here LEGALLY then you have no right to be here in the first place and you sure as hell don't have the right to sue a land owner who is a U.S. Citizen because he kept you from breaking our laws!

This country has to have the stupidest legal system on the planet. So the courts allow this guy to be sued for $30 million for doing the right thing? That's just brilliant. He won't lose the lawsuit, but I'd guess that legal fees alone will run into the hundreds of thousands of dollars once the dust settles.

I wonder what the next rancher faced with a similar situation is going to do if he's heard about this? You guessed it: he's just going to shoot them. Why do the right thing if you're just going to be punished for it and lose everything you've worked for?

Star and Flag!

I read this just a few minutes ago, and I must say i've never been so angry at something in my life. This has got to be the biggest load of crap I have ever seen. I think everyone else here is right, the next time someone crosses a rancher's land, they're gonna end up dead, period. I don't think they should kill anyone, but if it's that or getting punished for trying to protect yourself and your family by calling the cops and holding the illegals there until the cops show up, then a lot of people are gonna end up dead with this.

This is absolutely ridiculous and makes me sick!

I'd be setting bear traps...

Originally posted by Benevolent Heretic
This is absolutely ridiculous and makes me sick!

I'd be setting bear traps...

Bear traps... hmmm can't believe I havent thought of that... or course then they're injured and they can still sue... May not be as good an idea in the end as you think...

kozmo

The term "Activist Judges" was coined by the Bush administration in order to circumvent the constitution. It was just another distraction thrown at an already politicized Justice Department. That said, this Judge is just an idiot. Not an "Activist". His decision to protect the rights of illegals before that of Americans acting in accordance with the law is no activism, it is downright stupid and he should be thrown off the bench. EVERYONE regardless of citizenship status DO have the right to Due Process, as they should. But this was a LEGAL citizens arrest of people committing crimes while criminally entering the US, no rights were violated, therefore this case should have been thrown out. And that is why this judge is an idiot.

[edit on 9-2-2009 by projectvxn]

[edit on 9-2-2009 by projectvxn]

Just found this that relates to story.

UNIDENTIFIED MALE: This it Barnett ranch all throughout here.

LAVANDERA: Roger Barnett was on a self-appointed patrol, packing an assault rifle and a conviction that U.S. citizens need to take the problem of illegal immigration into their own hands.

R. MORALES: As soon as I asked him what his name was, that's when he went back to his truck, and reached underneath the -- his seat, and pulled out the -- the AR-15. It took him three tries to chamber that bullet. And, once he chambered that bullet, he says: My name, my name is f'ing Roger Barnett. And, if you don't get out of here, I am going to shoot you, I am going to kill you.

LAVANDERA: Barnett boasts of having captured 14,000 illegal immigrants in seven years on the 22,000 acres of U.S. border property he leases from Arizona.

ROGER BARNETT, RESIDENT OF ARIZONA: Nobody has ever been hurt or abused, but thousands have been turned over to the Border Patrol to be deported.

V. MORALES: He's just scary. He was just rally mad.

LAVANDERA (on camera): Did he have a gun? Did you see a gun?

V. MORALES: Yes, he had a -- a -- a gun.

LAVANDERA (voice-over): But the family held at gunpoint was born and raised in the United States. And, when local police wouldn't act, they joined with border activists, filing a civil lawsuit, hoping to stop Barnett's patrols and make an example of him.

transcripts.cnn.com...

Interview is located more than halfway down on page.

reply to post by Benevolent Heretic


BH, wouldn't setting bear traps amount to torture. Something I believe you were against at one time.

Please correct me if I am wrong.

An article on the Free Republic websites cites that the party in question Roger Morales and company were citizens, however they were armed and trespassing... part of a hunting party that obviously did know where they were...

Free Republic Article

[edit on 9-2-2009 by XTexan]

I just read about the mexican drug war violence is spreading into the US. Times are apparently hard for their business as well. It's been my thought that with so many of these illegal drug dealers and mules here and then likely packing with automatic weapons, many legal and abiding citizens will also likely need weapons now to protect themsleves and their properties, especially in this spreading new mexican/drug war. The invasion has already happened. Who will sign up? is this legal?