In this May file photo, Guadalupe Guerrero, left, sets out a photograph of her son, Carlos LaMadrid and Shena Gutierrez displays a photograph of her husband, Jose Gutierrez in Nogales, Ariz. 

Photo by A.E. Araiza/ Arizona Daily Star, file

The federal government will not pursue a case against two border-policy activists arrested in May at the DeConcini Port of Entry in Nogales.

Border Patrol Victims Network founder Shena Gutierrez was in U.S. District Court in Tucson Wednesday to ask that the federal government not pursue a case accusing her of disobeying a federal officer and impeding an inspection.

“As of today, the government offered to not go forward,” defense attorney Vince Rabago said at a news conference outside the courthouse.

Rabago said Gutierrez and Sarah Roberts paid $100 each in court and administrative fees to finalize the matter.

Gutierrez said her arrest stemmed from an incident with border agents who had harassed her because of a T-shirt she wore that said “Truth … Accountability …Justice!! Stop Border Patrol Brutality.”

She and other activists later returned to the port of entry to demand the names of those agents involved in order to file complaints.

Gutierrez and other activists said the U.S. Department of Homeland Security has been reluctant or has refused to release the names of agents involved in incidents. That has made it difficult to file complaints.

A third person arrested in the May incident, Richard Boren, said he declined to pay the fees to settle the matter and instead asked for a trial.

He said his reason for asking that the case go forward was to learn the names of agents involved in the arrests.

Contact reporter Patrick McNamara at 573-4241 or On Twitter @pm929.