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Article Last Updated: 1/28/2006 10:36 PM

Mexican soldiers' border crossings in legal limbo

By Edward Barrera, Staff Writer
Inland Valley Daily Bulletin

Common criminals or major diplomatic incident?
Those are the two options the federal government faces if its investigation proves that reports of Mexican soldiers crossing the U.S. border protecting drug shipments are accurate.

Law experts said the basic concept of international law is that every country is a sovereign nation, and that no other country can interfere or invade another's borders without permission.

"The tricky question is whether they are acting in an official or unofficial capacity," said Diane Marie Amann, professor of international law at the UC Davis School of Law. "If all they are doing is being bodyguards to criminals, then all they are are criminals to be dealt with under the U.S justice system."

According to a Department of Homeland Security internal document, Mexican military personnel crossed the border illegally more than 200 times in the past 10 years.

This past week, Texas law enforcement officials said they had an armed standoff on the border 50 miles from El Paso with men wearing military-style uniforms and carrying what appeared to be bundles of marijuana. No one was hurt in the incident, and the men fled back into Mexico.

Mexican officials blamed Monday's incident on drug smugglers posing as military personnel and suggested that it was U.S. soldiers aiding drug dealers.

Both countries have said they are investigating the reports of military incursions, including this week's incident.

"If they were captured by the U.S., Mexico would have to say they have some type of immunity" under international law, said David Caron, a law professor at UC Berkeley. "The privilege only arises if Mexico asserts it. They are only violating international law if in fact they are an agent of the other government."

Mexico denies that it has ordered any personnel across the border.

Greg Siskind, of the nationwide immigration law firm Siskind Susser, said in the 16 years he has been dealing with immigration issues and clients, he has never heard that military personnel were illegally crossing the border. He said he believes if they were indeed Mexican military, they inadvertently crossed the border.

"They obviously made the wrong turn," Siskind said. "It's not a pattern that I'm aware of, and if it is true, then it's been a well-held secret."

Amann said the one example of disregarding sovereignty issues between United States and Mexico was a late 1990s federal government undercover investigation that netted dozens of Mexican bankers in a money laundering scheme. The entire investigation was kept hidden from Mexican authorities until indictments were handed out, she said.

Mexico at first threatened to seek extradition and charge agents involved in the operation, but that was later dropped.

"This could play out the same way depending on the degree of (authentic) military personnel used to conduct criminal activity," Amann said.

The State Department did not return phone calls for this story.

Edward Barrera can be reached by e-mail at edward.barrera@dailybulletin.com or by phone at (909) 483-9356.