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Border Patrol gets tough in Laredo
Some worry crackdown on illegal immigrants will overwhelm courts

By DAVID McLEMORE / The Dallas Morning News
dmclemore@dallasnews.com


http://www.dallasnews.com

LAREDO – The operation began quietly Tuesday in Laredo as the Border Patrol apprehended 31 illegal immigrants from Mexico in the urban area.

Until this week, most of the 31 arrested would have been eligible for "voluntary departure" – put on a bus once they passed a criminal background check and returned to Mexico without charges.

But from now on, under Operation Streamline, all illegal immigrants caught in Laredo will be sent to federal court for misdemeanor charges of entry without inspection, a trial and deportation. If they return, they face felony charges and jail time.

The Border Patrol cites the success of Operation Streamline in Del Rio and Yuma, Ariz., where apprehensions dropped 60 to 70 percent. And the agency says the tactic will make for a "safer community by reducing illegal border crossings and the crimes associated with illegal immigration and smuggling" on the border. Congress' failure earlier this year to produce a comprehensive overhaul of the nation's immigration laws has fueled tensions across the country as cities and states have tried to come up with their own solutions.

Court officials and public defenders in Laredo fear the Border Patrol's new tactic will produce an overwhelming increase in a federal court docket already jammed with drug and felony human smuggling cases.

The problem is a matter of scale. Last fiscal year, the Border Patrol apprehended 54,911 illegal immigrants in the Del Rio Sector. In Laredo, it caught more than 90,000 illegal immigrants – 74,840 from Mexico alone.

"We're pretty much in a wait-and-see mode. If we see an increase in 70,000 misdemeanor cases, I can't imagine any part of the courts system will have the resources to deal with it," said Marjorie Meyers, director of the Federal Public Defenders office for the U.S. Southern District of Texas.

Border Patrol officials cite the successes Operation Streamline brought upriver in Del Rio. Since it was launched in Del Rio in December 2005, apprehensions of Mexican citizens dropped 66.5 percent.

In addition, drug seizures increased by 66 percent in the Del Rio sector as Border Patrol agents were able to shift more resources to drug interdiction, Border Patrol officials said. The U.S. Attorney's office said that from December 2005, when Streamline was activated, to February 2006, 1,600 illegal entrants were prosecuted in Del Rio.

In Yuma, another high-traffic smuggling area, apprehensions declined by more than 70 percent after the initiative began in January. Immigration prosecutions doubled with more than 2,800 cases. Of those, about 300 were felony cases.

"I am confident that Streamline-Laredo will contribute to a safer community by reducing illegal border crossings and the crimes associated with illegal immigration and smuggling on our border," said Carlos X. Carrillo, chief of the Laredo Border Patrol sector.

The reduction in illegal traffic, he said, would allow agents to focus on more serious threats, "such as terrorism, border violence, and narcotics smuggling."

Initially, Operation Streamline in Laredo will cover only the city area. Eventually it will extend to the entire sector, a region that covers 171 miles of riverfront and parts of 116 counties.


'Zero-tolerance zones'

Under Streamline, voluntary departure is a thing of the past in the so-called zero-tolerance zones. Anyone caught entering illegally where Streamline is in place will be prosecuted in federal court and charged with a misdemeanor for the first offense. Any subsequent illegal entry may be prosecuted as a felony.

The maximum penalty is six months in jail and removal from the U.S.

Those convicted are then barred from legal reentry for five years; 20 years for a second removal. Conviction of an aggravated felony would result in a permanent bar to reentry.

Senior Agent Ricardo Benavides of the Laredo sector believes the history of Streamline in Del Rio and Yuma will repeat itself in his busy area.

"We see this as a proactive approach to securing the border," Agent Benavides said. "There will be an early spike in the case load, but we're sure it will go down as it did in Del Rio once word gets around to the smugglers that everyone we apprehend is going to court."

During a drive around Laredo, he pointed out how geography conspires to make the city a major smuggling crossing point.

"The river curves around the city. Almost anywhere you are, Mexico is just a short distance away," he said. "That makes the entire city a crossing point.

"Streamline doesn't change the Border Patrol's mission," he said. "Our job is to protect the border, initiative or no initiative. But Streamline gives us a way to get a hold on the problem."

Statistics from Del Rio show that just about half of one percent of those caught up in Streamline's net have been apprehended trying to reenter illegally within the Del Rio sector, Agent Benavides said.

"Deaths of those crossing illegally are down 50 percent," he said. "If we can see that result alone, Streamline will be a success."

A hint of the future came Wednesday morning, when 27 people were brought before U.S. Magistrate Adriana Arce-Flores to enter a plea for misdemeanor illegal entry.

A federal public defender visited briefly with each one as they lined up three deep, listening to a Spanish translation of the judge's reading of their cases.

When Judge Arce-Flores asked if they wanted to enter a plea, they replied in unison: "Culpable," or "Guilty." The judge then sentenced 22 to three years of probation, while the remainder received sentences of 30 to 60 days because of too many prior deportations.

"You have to understand, this is a normal day. The Streamline cases haven't been processed yet," said Laredo lawyer Julio Garcia, who represents numerous immigration clients. "We're going to see dramatic increases in people before this court. Everyone is preparing for it, but they're going to need another district judge and a magistrate to handle the increase."


Criminal histories

For the most part, Mr. Garcia said, the misdemeanor immigration cases involve people who come to the U.S. to find work and to take care of their families.

"These are predominantly not violent criminals," he said. "But now, the government is developing a criminal history for them,"

"Not only will they have a misdemeanor conviction, but if they get probation and get caught again, not only will they be charged with a felony, but they'll be in violation of probation," he said.

Lisa Graybill, legal director for the American Civil Liberties Union of Texas, agreed.

"What this initiative does is criminalize a civil offense that will just make more felons," she said. "We're always concerned with the legitimate needs of government to police the border when it infringes on an individual's right to due process."

What isn't clear is whether the court system can handle the shock of the increased caseload.

A study by Thomas J. Bak of the Administrative Office of the U.S. Courts, showed that prior to Streamline, immigration filings in the U.S. Southern District of Texas had jumped dramatically, going to 4,600 in 2005 from 1,700 in 2000. Immigration cases along the entire Southwestern border jumped to 13,000 in 2005 from 7,800 in 2001.

"Even though apprehensions may plunge due to the deterrent effect (thus easing the burden on the Border Patrol), the necessity of continually prosecuting all illegal immigrants will insure that the judiciary, and elements associated with the judiciary, will experience workloads exceeding the pre-Operation Streamline level," Mr. Bak wrote.

Those who work in the federal judicial system, like Ms. Meyers of the Federal Public Defenders office, realize Streamline is a reality.

"We'll just have to see what happens," she said. "But our priority is to ensure that everyone charged with a crime receives effective counsel. If we represent someone, we'll determine the legal issues and fight to defend them. And if the caseload gets too big to do that, we'll tell the judges we can't take anymore cases."

OPERATION STREAMLINE


Streamline-Laredo is patterned after similar programs in the Del Rio and Yuma Border Patrol sectors:

Purpose:

Reduce the number of illegal immigrants entering the United States within the Laredo Sector.
Benefits: Greater border security and improving the quality of life for people living in the sector.

How it works: Under this program, all persons who illegally enter the United States in the Laredo Sector at locations designated for zeroÂ*tolerance and other than a designated legal port of entry will be prosecuted in federal court for violation of Title 8 USC 1325, Entry Without Inspection, which can result in up to 180 days incarceration.


Penalties:


•First conviction is a misdemeanor, with a maximum sentence of 180 days incarceration.
•Subsequent offenses may be prosecuted as felonies.

•Once removed, an illegal immigrant is subject to being barred from legal reentry for periods of:

Five years for the first removal
20 years for a second or subsequent removal
Indefinitely, if convicted of an aggravated felony