Criminalization of Humanitarian Aid: Par for the American Course

Scott Warren went on trial last week because he provided water to migrants crossing into the United States. The federal charges — two counts of harboring and one of conspiracy — carry potential jail time of up to 20 years in prison if convicted, according to news reports.

Warren is not contesting that he offered aid. He is part of the humanitarian group No More Deaths, which seeks to mitigate the brutalities of the landscape crossed by those fleeing north from South and Central America. They provide water, food, clothing, and a place to sleep when needed. Federal officials accuse Warren and the group of attempting to conceal the migrants they help from Border Patrol agents, hence the harboring charges. Warren, through his defense attorney, has said he made no efforts to hide the migrants. (See the report on the trial from the Arizona Republic, from which much of the narrative details come.)

Seen through the narrow lens of current law, this trial is about the interpretation of Warren’s actions. Did he go beyond the provision of aid and harbor two men who had crossed into the United States? How the jury answers that question will determine Warren’s fate.

But we need to see these charges through a much wider lens. They are tied to a concerted effort by the federal government to shut the…