Glass Outhouse Art Gallery artist turned back at border

Robert Markle Kinnard

Canadian artist, Robert Markle Kinnard, was driving with his wife from their home on Vancouver Island to Wonder Valley, California last week to participate in a group show at The Glass Outhouse Art Gallery. They had spent several of the previous winters in Wonder Valley, and have ties to the community. They gave themselves four days to get to the gallery. They never made it. They were turned away at the U.S. border by Customs and Border Protection officers.

The population of Wonder Valley swells in the winter from around 900 to around 2000 as snowbirds, retirees, weekenders, and expats come to enjoy the mild winter and the beauty of this remote area. Wonder Valley has one restaurant/bar, one thrift store, and one art gallery - The Glass Outhouse. This was where Kinnard was headed.

After hearing that Kinnard would not be in the show I contacted him in Vancouver Island and asked about his experience.

Kinnard and his wife had a reservation for a vacation rental in Joshua Tree, where they planned to stay for a month. He hoped to show his work, visit with friends, and enjoy the park.

When they arrived at the Blaine, Washington checkpoint, five hours from their home, the CBP officer asked the purpose of their visit. Kinnard told the officer he was delivering artwork to a show to which he’d been invited. Kinnard had crossed the border several times before, with paintings and equipment.

The officer asked them to pull off to the side for further inspection.

Inside the station Kinnard presented their passports and sat on a bench to wait, for four hours. An Asian woman sat beside them, sobbing. A few feet away an officer berated an Asian man who wanted to attend a club meeting across the border. The CBP officer replied, “That’s not a good enough reason for me to let you in.”

Kinnard described the atmosphere in the room as one of suspicion: that they felt as if they were under arrest and had to prove their innocence.

When Kinnard was called to the counter the officer said he needed to be fingerprinted, promising to soon get him on his way. When the officer finished fingerprinting he asked Kinnard to step back for a photograph, took the picture, and immediately told Kinnard that his van and his artwork were denied entry to the U.S., which meant that he was, as well.

Kinnard was shaken, and said he never would have agreed to the fingerprinting if he knew he would not be admitted. A police car escorted Kinnard and his wife back to the border, and with flashing lights still on, returned their passports and told them to have a good day.

The show at The Glass Outhouse Art Gallery went on. Kinnard and his wife were the main topic of conversation among their many friends at the opening.

UNDR, Robert Markle Kinnard

Wonder Valley is home to a diverse population: pioneer families, artists, writers, musicians, academics, working people, veterans, retirees, and foreign nationals from all over the world who add to the distinct and vibrant mix of cultures that makes living in Wonder Valley such a rich experience. The new president’s immigration policy has had a very real and unsettling effect on many in Wonder Valley, and raises concerns about whether other immigrants will be allowed to return to the desert that has become their second home.

The economy of the Morongo Basin, and Joshua Tree National Park, is largely dependent on tourism. If tourists stop visiting because of how they might be treated at the border, the economic impact could be devastating.

The Glass Outhouse Gallery minus one artist

Robert Markle Kinnard was scheduled to show today at a group show at the Glass Outhouse Art Gallery. He left a week ago with a van full of paintings but was turned back at the border by U.S. Immigration Agents. He had traveled to the U.S. many times before, with artwork, with no problem.

Read more:

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By Delaney Strunk, CNN
Updated 2:49 PM ET, Mon February 20, 2017

San Bernardino County Sheriff's Department on Immigration

By JOHN McMAHON
Posted: Monday, February 27, 2017 10:06 am
As a result of the last presidential campaign and election, a great deal of discussion has ensued regarding the issue of immigration in the United States, and more specifically on the issue of how local law enforcement is going to follow new federal policies such as immigration enforcement and deportations.

To have a safe community we need to have great working relationships with our local, state, and federal law enforcement agencies, as demonstrated on Dec. 2, 2015.

I would like to be clear on what my department’s legal obligations are on immigration enforcement.

There are misconceptions and confusion on this topic. I understand the complex issues of immigration enforcement in our community, and the impact it has on families, victims, and witnesses of crimes. I do not want the fear of someone’s immigration status to prevent them from reporting crimes or interacting with our deputies.

I can assure you, patrol deputies do not participate in immigration enforcement. Our department’s primary responsibility is for the safety of all individuals. However, I also believe any person who commits a crime should be held accountable and face the legal consequences of the judicial system.

The San Bernardino County Sheriff’s Department has more than 3,000 dedicated men and women who provide public safety for more than two million residents. We provide patrol services for 14 contract cities, including unincorporated areas, and operate four county jails. Our county jails book an average of 80,000 people annually. We have an average daily population of 5,500 inmates who have been arrested, are awaiting trial, or have been sentenced by the court for committing various violent crimes.

Historically, immigration enforcement has been the responsibility of federal law enforcement agencies.

In 2005, the Department of Homeland Security asked local law enforcement to participate with immigration enforcement and support the 287(g) program. The department implemented the program in our county jails, which allowed our custody employees to interview and place detainers on inmates who were arrested for various crimes in the county.

In 2013, the State of California passed the Trust Act, which prohibited law enforcement from honoring immigration detainers unless inmates were arrested for serious crimes specified in the legislation. Our department continued to participate in the federal 287(g) program within California law.

In 2014, the department suspended the 287(g) program based on the federal court ruling on an immigration case out of Clackamas County, Oregon. This federal court decision determined immigration detainers were unlawful because they lacked probable cause and did not have a judge’s signature.

It is extremely important to note the San Bernardino County Sheriff’s Department does not hold any inmate past his or her scheduled release date without a legal warrant signed by a federal judge. This is a crucial point, because there have been, and will be in the future, instances when federal authorities request a detainer, or hold, of an inmate to investigate their immigration status. My department has an obligation to follow the law, and I cannot legally hold inmates past their release date without a warrant signed by a federal judge.

The Department of Homeland Security recently released a memorandum requesting local and state law enforcement agencies to once again participate in the 287(g) program.

Recently, I attended meetings with the National Sheriff’s Association in Washington D.C. I spoke with our federal law enforcement partners about legal authority and issues affecting immigration enforcement. If the United States Attorney General changes their practice and provides legal authority, the department will reevaluate the 287(g) program.

Our department prides itself in serving you by providing the highest level of law enforcement services to all of our communities. We have worked very hard to earn and maintain your trust; it is the foundation of our organization. I will continue to ensure deputies from the San Bernardino County Sheriff’s Department enforce local and state laws to ensure the safety of everyone.

(John McMahon is the sheriff-coroner for the San Bernardino County Sheriff's Department)

From the Fontana Herald News, San Bernardino County sheriff addresses local immigration enforcement