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U.S. Mail carrier detained by immigration stop; Border Patrol, carrier stories clash
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Carol Broeder/Range News Rick Encinas, in the U.S. Mail shirt he was wearing when stopped. |
By CAROL BROEDER/Arizona Range News
A 34-year old Willcox native and business owner wants an apology after being pulled over by Border Patrol agents last month while delivering mail for the U.S. Post Office.
Instead, the Border Patrol has filed a complaint about the carrier's "behavior."
Rick Encinas had just delivered mail to Brown's Country General Store on Fort Grant Road, and was heading toward Atwood Lane.
Border Patrol agents, who had been sitting in their vehicle in the store's parking lot, turned on their lights and followed him, he said.
Encinas said he pulled over, and the agents asked him what he was doing.
"I'm doing my job," Encinas replied.
The agents asked him why he looked suspicious -stopping at houses along Fort Grant Road, he said.
He explained to the agents that he is a rural letter carrier, he said.
Encinas told the Range News that he has a sign on the dashboard of his Nissan Pathfinder that says "U.S. Mail."
"Any vehicle is subject to being stopped if we have probable cause that there are illegal aliens in it," said Scott VanTine, field operations supervisor, with the Willcox Border Patrol station.
When the agents asked him for identification, Encinas replied, "I have my driver's license. Do I need identification? I'm just doing my job."
Encinas gave the agents his driver's license, which he says they kept as they sat in their vehicle for about 20 minutes.
"Can I have my driver's license back? I've got to do my job," Encinas called over to the agents.
"You shouldn't hold up delivery of the United States mail," he said.
Encinas said one agent of the two agents told him that, "We have every right to detain you as long as we want because we work for the U.S. government, too."
The agent added, "If you would have cooperated, this would have been done a lot sooner."
"I did cooperate," Encinas said. "I pulled over as soon as I saw your lights go on. If I was doing something wrong, would I have pulled over?"
The other agent took the driver's license out of the first agent's hand, gave it back to him, and apologized to Encinas, he said.
"I told them to be careful and have a nice day," Encinas said.
"The Border Patrol has filed a complaint with the postmaster regarding the behavior of Mr. Encinas at that time. The matter is still under internal investigation, so we cannot comment further," VanTine said.
Encinas said that he has been pulled over by the Border Patrol before, but never on the job.
"I would have dropped the whole thing, but they are lying on their report," said Encinas, adding that the Border Patrol claims he got out of his vehicle and was belligerent.
"I never got out of my car."
Encinas fears that now the letter carrier job he has had nearly two years might be in jeopardy.
"If I don't clear my name, I might get written up because of what that report says," he told the Range News.
Willcox Postmaster John Diaz said he was unable to comment for the newspaper on the situation.
Linda Brown, who owns Brown's Country General Store with husband Tim, said she witnessed the incident, from the time Encinas was pulled over until he drove off.
"They kept him a good ten minutes if not longer," she said. "I never saw Rick get out of the car."
Encinas said the Browns tried to help him, but to no avail.
"Tim called the Border Patrol and told them to let me go," he said.
Tim Brown said he came in on the scene "when the whole thing was starting."
He noticed when he got there that "the Border Patrol was sitting in the car at the edge of our parking lot, which is private property. That bothered me. We've asked them before not to stake out at our business."
"Rick brought in the mail and then left," Tim said. "They pulled him over on our property."
"I said to Linda, 'Isn't that Rick Encinas? They pulled over our mailman?'"
Linda went outside, and Tim stayed in the store, he said.
"I called the Border Patrol station and asked for a supervisor. I asked him, 'Is it really necessary to pull over our mailman?"
"I don't think it's appropriate for you to be pulling people over on our private property," Tim said. "We don't think that's good enforcement."
Tim said that customers who came in said, "Isn't that Rick Encinas? They pulled over our mailman?"
Tim Brown said that he did not understand why the Border Patrol would pull over Encinas.
"I heard later that they thought it looked questionable that he was stopping at houses," he said. "The back of his truck is full of mail and he has a sign in his window."
"They made me feel like dirt. They didn't believe a word I said," Encinas said. "The guy was really mean to me. They embarrassed me out there. I wondered about the people I deliver mail to that saw it. Are they thinking I'm guilty? I'm afraid they won't trust me anymore."
"I'd be satisfied with an apology in public," he added.
Instead, the Border Patrol has filed a complaint about the carrier's "behavior."
Rick Encinas had just delivered mail to Brown's Country General Store on Fort Grant Road, and was heading toward Atwood Lane.
Border Patrol agents, who had been sitting in their vehicle in the store's parking lot, turned on their lights and followed him, he said.
Encinas said he pulled over, and the agents asked him what he was doing.
"I'm doing my job," Encinas replied.
The agents asked him why he looked suspicious -stopping at houses along Fort Grant Road, he said.
He explained to the agents that he is a rural letter carrier, he said.
Encinas told the Range News that he has a sign on the dashboard of his Nissan Pathfinder that says "U.S. Mail."
"Any vehicle is subject to being stopped if we have probable cause that there are illegal aliens in it," said Scott VanTine, field operations supervisor, with the Willcox Border Patrol station.
When the agents asked him for identification, Encinas replied, "I have my driver's license. Do I need identification? I'm just doing my job."
Encinas gave the agents his driver's license, which he says they kept as they sat in their vehicle for about 20 minutes.
"Can I have my driver's license back? I've got to do my job," Encinas called over to the agents.
"You shouldn't hold up delivery of the United States mail," he said.
Encinas said one agent of the two agents told him that, "We have every right to detain you as long as we want because we work for the U.S. government, too."
The agent added, "If you would have cooperated, this would have been done a lot sooner."
"I did cooperate," Encinas said. "I pulled over as soon as I saw your lights go on. If I was doing something wrong, would I have pulled over?"
The other agent took the driver's license out of the first agent's hand, gave it back to him, and apologized to Encinas, he said.
"I told them to be careful and have a nice day," Encinas said.
"The Border Patrol has filed a complaint with the postmaster regarding the behavior of Mr. Encinas at that time. The matter is still under internal investigation, so we cannot comment further," VanTine said.
Encinas said that he has been pulled over by the Border Patrol before, but never on the job.
"I would have dropped the whole thing, but they are lying on their report," said Encinas, adding that the Border Patrol claims he got out of his vehicle and was belligerent.
"I never got out of my car."
Encinas fears that now the letter carrier job he has had nearly two years might be in jeopardy.
"If I don't clear my name, I might get written up because of what that report says," he told the Range News.
Willcox Postmaster John Diaz said he was unable to comment for the newspaper on the situation.
Linda Brown, who owns Brown's Country General Store with husband Tim, said she witnessed the incident, from the time Encinas was pulled over until he drove off.
"They kept him a good ten minutes if not longer," she said. "I never saw Rick get out of the car."
Encinas said the Browns tried to help him, but to no avail.
"Tim called the Border Patrol and told them to let me go," he said.
Tim Brown said he came in on the scene "when the whole thing was starting."
He noticed when he got there that "the Border Patrol was sitting in the car at the edge of our parking lot, which is private property. That bothered me. We've asked them before not to stake out at our business."
"Rick brought in the mail and then left," Tim said. "They pulled him over on our property."
"I said to Linda, 'Isn't that Rick Encinas? They pulled over our mailman?'"
Linda went outside, and Tim stayed in the store, he said.
"I called the Border Patrol station and asked for a supervisor. I asked him, 'Is it really necessary to pull over our mailman?"
"I don't think it's appropriate for you to be pulling people over on our private property," Tim said. "We don't think that's good enforcement."
Tim said that customers who came in said, "Isn't that Rick Encinas? They pulled over our mailman?"
Tim Brown said that he did not understand why the Border Patrol would pull over Encinas.
"I heard later that they thought it looked questionable that he was stopping at houses," he said. "The back of his truck is full of mail and he has a sign in his window."
"They made me feel like dirt. They didn't believe a word I said," Encinas said. "The guy was really mean to me. They embarrassed me out there. I wondered about the people I deliver mail to that saw it. Are they thinking I'm guilty? I'm afraid they won't trust me anymore."
"I'd be satisfied with an apology in public," he added.
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The following are comments from the readers. In no way do they represent the view of willcoxrangenews.com.
Brent R. wrote on Jul 27, 2008 9:31 AM:
On the other hand, Mr.Encinas should have had the postal picture I.D. he's required to wear over his left breast at all times, available to show the officers. He should also have some of the magnetic U.S. MAIL / FREQUENT STOPS emblems attached to the outside of his vehicle along with roof lights which also have U.S. MAIL emblazoned on them. "