In The Community
Originally published in The Latino Newsletter–reprinted with permission.
SAN JUAN — Danielle Bertothy, of St. Peters, Missouri, an American tourist accused of setting fire to several businesses in southwestern Puerto Rico was arrested and then indicted by a federal grand jury from the District of Puerto Rico late Thursday afternoon.
As The Latino Newsletter previously reported, Bertothy used a gas canister meant for a generator left at the Airbnb she was staying in following a nearly island-wide blackout on New Year’s Eve to burn down Marinera restaurant, Bar Marea, and Artesanías Juavia, as well as damage parts of Luichy’s Seaside Hotel—which was nearly full at the time. She then left Puerto Rico for Missouri shortly after even though her original stay was meant to last over a week longer.
“This defendant will be held accountable for her dangerous actions that caused significant damage and put many lives at risk,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico in a media release. “The U.S. Attorney’s Office, along with federal, state, and local law enforcement partners will continue to vigorously enforce federal laws and bring to justice criminals who engage in violent crimes.”
Ángel Luis Marrero Negrón, owner of the hotel and the buildings where businesses once stood, criticized the municipal police’s response, who did not detain Bertothy and instead escorted her to her Airbnb twice after she allegedly harassed staff and patrons of Bar Marea. One municipal police officer has been arrested pending an ongoing investigation.
“We are people trying to get ahead and nobody can come here to not treat us with respect,” Marrero Negrón said.
He hopes that this case will have big repercussions when it comes to how tourists treat and view Puerto Ricans. Earlier this week, another tourist was caught on video harassing police and staff at a hotel in Arecibo, another coastal town.
Marrero Negrón has already started rebuilding the hotel, which he hopes to fully reopen by February 1. Only seven of the hotel's 15 total rooms are currently available to rent. However, he emphasized that getting the money necessary has been an uphill battle because he did not have property insurance. He has opened a $190,000 credit line and a GoFundMe, which has amassed $13,487 of its $150,000 goal. All told, he estimates the damages add up to half a million dollars.
The Puerto Rican diaspora has played a “crucial role” in the whole incident, Marrero Negrón said. Shortly after news of the fire reached the internet, Puerto Ricans on social media identified Bertothy and called for her arrest. The most prominent voice was Alderwoman Daniela Velázquez of St. Louis.
According to the Department of Justice, ”Bertothy is charged with the use of fire to destroy any building affecting interstate commerce (arson) 18 U.S.C. § 844(i). The defendant is scheduled for her initial court appearance on Friday, January 17, before a magistrate judge of the U.S. District Court for the Eastern District of Missouri. If convicted, she faces a mandatory minimum penalty of five years in prison and up to twenty years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.”
- Bad Bunny’s DtMF Speaks What the Media Won’t About Puerto Rico ›
- American Tourists Aggressively Stop Locals in Durango, Mexico from Watching Eclipse in Public Space ›
Originally published in The Latino Newsletter–reprinted with permission.
Opinion for The Latino Newsletter
Well before November’s election results came in, LatinoJustice PRLDEF sketched out various scenarios for what a new administration might bring, just as many of our colleagues in the nonprofit and civil rights world did. And now, on the cusp of a new reality, we’re bracing for impact.
We know that the incoming administration has extensive plans to roll back progress and do harm to Latinos and millions of other people in this country, not just because they’ve announced it, but because we saw what they did last time they were in power.
Much of the scare-mongering threats are not just directed at immigrants, people of color and LGBTQ+ people, but at the institutions and people who resisted in the first go-around.
Corporate leaders, Big Tech, finance and media companies are all signaling that they will go along to get along, kissing the ring at Mar-a-Lago. And after much bluster, Congress seems to be blithely endorsing questionable candidates to head federal agencies and already voting in favor of anti-immigrant legislation like the Laken Riley bill.
We’re supposed to look at the mounting pressure to conform and let our fear and exhaustion lead us to “obey in advance.” But we’re not going to throw in the towel before the bell is rung to start the first round.
We’ve learned a great deal since 2017, and even with a move to more hostile courts and politics since then, we are prepared to support immigrants, and fight for Latinos access to jobs, education and housing, in the courthouse, in the legislatures and in our communities.
One of our biggest priorities is to limit local and state law enforcement cooperation with federal immigration authorities. We just won a class action suit we filed in 2017 on behalf of 650 people who were illegally detained and turned over to ICE, and expect to have to take similar action in this term. And we’re supporting bills like the NY4All Act and Dignity not Detention Act in New York to help grind down the gears of the detention machine.
We’re prepared to litigate and advocate against attempts to deny public benefits for immigrants, such as an expected push to deny public housing to mixed status households, and to support state and municipal laws that expand benefits for immigrants, including those undocumented, who are shut out of federal benefits. For example, we’re leading the campaign on the NY CARES Act, which would extend critical temporary assistance and medical help to undocumented victims of human trafficking, domestic violence and torture.
We expect to also have our hands full in Florida and Texas, where we have offices and staff.
The list of proposed legislation that harms immigrants and Latinos in those states is long, including pending legislation in Texas to detain and fingerprint schoolkids suspected of being undocumented.
Hand in hand with community organizations in the places where we work, we will share our legal expertise through trainings and legal clinics to inform people about their rights at home, in the streets, at work and in schools. And we’ll help undocumented parents prepare for the worst, so their U.S.-born children can be taken care of here if they are deported.
We will also continue our efforts to fight the anti-DEI backlash in schools and in workplaces that imperils equitable access to education and employment. After the 2023 anti-affirmative action Supreme Court decision, we’ve seen attacks on scholarships to help Latinos, on race-neutral admissions criteria for K-12 schools, and on corporate DEI programs. Since last year we’ve been informing and supporting Latino-serving nonprofits concerned about possible attacks and loss of funding, and we will continue that work.
We’re not under any illusion that we can solve these issues quickly or completely. After all, we’ve been at this for more than 50 years. But we know that moments like this are why we’ve kept at it so long. And we will prevail. There is no other option.
- Instagram Quietly Limited Users’ Ability to See “Political” Content ›
- Bad Bunny’s DtMF Speaks What the Media Won’t About Puerto Rico ›
While Immigrant and Latino Communities Help Save LA, Congress Targets Them with the Laken Riley Act
The Eaton, Palisades, and other fires have left Los Angeles County in a state of crisis, with widespread destruction and significant loss of life. Amidst the chaos, immigrant workers and the Latino community at large rallied to support the community and help save LA. At the same time, challenges for immigrants who are undocumented, immigrants who are documented, and anyone who fits the stereotype of what an “immigrant” looks like, continue to mount, as the Laken Riley Act makes its way through Congress, which threatens to undermine not just immigrant rights, but everyone’s rights.
Ongoing Los Angeles County Fires and Immigrant Community Contributions Amid Crisis
The Eaton Fire has also grown to over 14,000 acres with 35% containment. The Palisades Fire has consumed close to 24,000 acres and is only 17% contained as of the morning of January 14. The smaller fire, Hurst, has consumed 799 acres and is at 97% containment.
At least 24 people have died, and approximately 92,000 LA residents are under evacuation orders as strong winds and dry weather continue to fuel the fires. The economic toll has estimates ranging from $250 billion to $275 billion. An air quality warning extension was issued with the City of LA and others offering N95 masks to protect against the severe health risks the smoke and ash are posing to residents of the entire LA area.
As the fires continue to rage, Latino immigrants in Los Angeles and their contributions to the community have become integral in protecting neighborhoods and assisting with firefighting efforts. As reported in NPR’s Morning Edition, groups of Latino immigrants volunteered to help in neighborhoods overwhelmed by the fires where there weren’t enough firefighters to provide assistance. They used hoses, buckets, and shovels to help extinguish flames.
“We came to help so the fires don’t keep spreading,” said one of the Latina immigrant workers lending a hand. Another woman who wasn’t from the neighborhood, identified as Maria García from Guatemala, stated that she couldn’t sleep knowing that houses were burning, so she rallied her sons to go help where they could. She shared with NPR that she called several friends to come help as well, including her brother, who also started making calls to get more people to join in the efforts.
Others, like Mexican Juan Carlos Pascual Tolentino, who does landscaping work, have offered equipment from their businesses to support communities in need. "You don’t need to have papers or be a U.S. citizen to help others," Tolentino told NPR, echoing a sentiment of solidarity that has resonated throughout the immigrant community as a response to the ongoing crisis.
Farmworkers, many of whom are undocumented, have also continued working in dangerous conditions near the flames to protect crops. According to the UCLA Latino Policy & Politics Institute, "As communities begin to rebuild, Latino workers will be essential in the reconstruction of homes and infrastructure." Despite their essential contributions, they face minimal legal protections, highlighting a persistent issue during California wildfires.
The Laken Riley Act and Its Broad Implications
The stories of community and resilience coming out of Los Angeles contrast starkly with what’s currently happening in the Senate with the Laken Riley Act. Presented as a public safety measure as a result of the tragic murder of Laken Riley in Georgia, the act has sparked debate due to its implications on immigration policy, constitutional protections, and the rights of immigrant communities, particularly Latino immigrants. Critics argue that the bill, rather than improving safety, exploits a tragedy to demonize immigrants and dismantle fundamental legal safeguards.
The bill proposes the detention of undocumented individuals charged with or arrested for theft-related offenses, even if they haven’t been convicted. It also eliminates bond hearings, meaning individuals could face indefinite detention without a chance to contest the charges or resolve their cases. This policy diverges sharply from legal standards, where most people accused of crimes, regardless of severity, are entitled to individualized bond hearings. Critics highlight significant due process concerns, as well as the disproportionate impact it could have on Black and Brown communities who are already subject to higher rates of policing and arrest.
- YouTubewww.youtube.com
The Laken Riley Act also grants states unprecedented authority to sue the federal government over immigration-related decisions. This would allow state attorneys general to challenge federal policies on issuing visas, detention practices, and other discretionary decisions, regardless of whether the state has a legitimate interest. Critics argue this measure undermines the balance of power between state and federal governments and could lead to chaotic litigation, crippling the federal government’s ability to enact coherent immigration policies.
Laken Riley Act’s Progress in Congress
The Laken Riley Act has made significant progress in Congress, gaining bipartisan support in both chambers. On January 7, 2025, the House of Representatives passed the bill 264-159, with all voting Republicans and 48 Democrats supporting it. This marked the first major legislative initiative of the new Congress focused on immigration issues.
The bill then moved to the Senate, where it cleared a key procedural hurdle on January 9, 2025. Continuing with the trend of bipartisan support, the Senate voted 84-9 to begin debate on the legislation, far surpassing the 60-vote threshold needed to overcome a filibuster.
As of January 14, 2025, the Senate is set to consider amendments to the bill, with a final vote expected soon. While the bill has gained significant momentum, some Democrats are advocating for modifications, particularly regarding provisions that would allow state attorneys general to sue the federal government. If the bill passes in its final form, it will move on to President Donald Trump for his signature or veto.
What This Means for Latino and Immigrant Communities
For Latino immigrants, the consequences of the act could be devastating. Latinos make up a large portion of the undocumented population in the United States, 7,410,000 according to the Center for Migration Studies of New York (CMS), and they’re already disproportionately affected by racial profiling and over-policing. The act could result in many being detained indefinitely for minor or trumped-up charges. For example, a mother accused of shoplifting baby formula or an individual with an arrest from decades ago could be detained without bond under this legislation. DACA recipients, whose status is already fragile, would be particularly vulnerable. A single arrest, even without a conviction, could result in detention and the immediate termination of their protected status.
The impact of the Laken Riley Act extends beyond individuals. Families could be torn apart, communities destabilized, and essential industries disrupted. The legislation has also drawn criticism for perpetuating harmful stereotypes that link immigration with criminality. Research consistently shows that immigrants, including undocumented individuals, have lower crime rates than native-born citizens. By framing immigrants as a public safety threat, the act fuels divisive rhetoric.
Advocates are also pointing to the echos of SB1070, another controversial immigration bill that required law enforcement officers to determine the immigration status of individuals they stopped, detained, or arrested if there was reasonable suspicion that the person was in the country illegally. The bill was ultimately defeated because of serious concerns that are similarly found in the Laken Riley Act. Rather than a state law that inspires racial profiling, Latinos nationwide are facing a similar threat.
The American Civil Liberties Union (ACLU) warns that the bill could lead to a significant increase in racial profiling. In a recent press release, Sarah Mehta, ACLU senior border policy counsel, stated: “This is the first immigration bill of the new Congress, and if passed, it will strengthen President-elect Trump’s hand in unleashing mass deportations on our communities. It will force immigration authorities to detain individuals accused of nonviolent theft offenses like shoplifting regardless of whether or not law enforcement even deems them as a threat.”
Immigration lawyers have also raised concerns about the Laken Riley Act increasing the likelihood of racial profiling in vulnerable communities like the Latino community. These concerns are echoed by organizations like Human Rights Watch, the Children’s Defense Fund, and the National Association of Social Workers (NASW). In a recent article, Mel Wilson, NASW Senior Policy Advisor, shared: “The bottom line is that if the bill is passed by the Senate it would be a blank check for jurisdictions that have a record of discriminatory and anti-immigrant policies to execute their real goal of mass deportations of migrants.”
The Laken Riley Act represents a dramatic escalation in the approach to immigration policy in the United States. While its proponents argue that it improves public safety, the act’s far-reaching implications for immigrants, families, and the justice system have led many to consider it an unconstitutional overreach.
A Contrast of Contributions and Immigration Policy
The role of immigrants in the Los Angeles fires is only one example of the critical contributions immigrants make to the community. Yet, their efforts stand in stark contrast to the harm posed by policies like the Laken Riley Act, which threatens to marginalize them further. It raises pressing questions about how the country values the contributions of immigrant communities while simultaneously enacting policies that deny their rights and opportunities.
For now, the resilience and solidarity shown by Latino immigrants are a reminder of their contributions to the United States and a reminder of the disconnect that exists between national policy and reality.
- Unpacking the Birthright Debate: Is Citizenship by Birth Under Threat? ›
- Deported with Twin Newborns: Texas Deportation Case Highlights Mixed-Status Family Struggles ›
