Undocumented immigrants face uncertainty during hurricane evacuations

SAN JUAN — Federal and state law could make it difficult for illegal immigrants to evacuate during a hurricane, said local nonprofit and community leaders during a public meeting Friday.

They gathered at the headquarters of La Union del Pueblo Entero — an immigrant advocacy group based in San Juan — to answer residents’ questions about U.S. Customs and Border Protection policy during hurricanes. The nonprofit agency provides social, educational and advocacy services to the poor.

The U.S. Border Patrol has stated it will continue operating its checkpoints in the event of a hurricane. That includes the Sarita and Falfurrias checkpoints, which are located on U.S 77 and U.S. 281, respectively. U.S. 281 is a designated hurricane evacuation route.

Agents will conduct inspections and ask evacuees about their immigration status, officials said.

"An evacuation doesn’t preclude us from doing our job," said Agent John Lopez, Border Patrol spokesman for his agency’s Rio Grande Valley Sector.

Local activists said inspections would encourage the Rio Grande Valley’s 150,000 illegal immigrants to ride out a hurricane in their homes to avoid deportation. Many illegal immigrants live in unincorporated colonias — areas that are particularly vulnerable to hurricanes due to the lack of adequate infrastructure.

"Most people don’t want to leave their homes because they’re afraid of Border Patrol," said Sylvia Tavor, a tutor with A Resource in Serving Equality. Better known as ARISE, the organization helps Mexican immigrants adjust to life in the United States.

But a new state law, which goes into effect Sept. 1, will make it illegal to stay at home during a hurricane. The law gives county judges and city mayors the authority to arrest people who refuse to comply with evacuation orders.

"It’s a Catch-22 situation of sorts," said Corinna Spencer-Scheurich, an attorney with the South Texas Civil Rights Project. "If people try to leave they can be deported. But if they stay, they can be arrested and deported."

Border Patrol inspections could create a traffic bottleneck, Scheurich continued. Lines could become long at checkpoints once the Valley’s illegal immigrants have no choice but to leave their homes.

"People will take risks," Scheurich said. "It could end in a Hurricane Katrina-type situation."

But Lopez said the Border Patrol would have extra personnel on hand to conduct inspections in a speedy manner.

"Border Patrol will work closely with local officials to ensure that everyone is safe," he said.

Lopez went on to say the Border Patrol would not prescreen people’s nationality at evacuation points. And illegal immigrants arrested at inspection checkpoints would be removed to a safe location before further action is taken.

Sheurich is unconvinced.

"The important thing for Border Patrol is to get away from exits and shelters," she said. "This is about human life, not law enforcement."