October 31, 2009
U.S. and Mexico Agree on Shift in Drug Trials
By RANDAL C. ARCHIBOLD

NOGALES, Ariz. — In a break with a longstanding drug enforcement practice, the authorities in the United States and Mexico have agreed to have some Mexicans caught smuggling drugs into the United States returned to Mexico for prosecution.

Last weekend, for the first time, a suspected marijuana smuggler, found at the border with 44 pounds of the drug hidden in his car, was turned over to Mexican prosecutors. He could be prosecuted under Mexican law for felony export violations and other charges.

The new approach is a step toward resolving a nettlesome problem at the border: very often, Mexicans caught smuggling drugs do not face prosecution in the United States for that crime.

The reasons vary, but federal prosecutors here and across the Southwest have often rejected cases involving relatively small amounts of drugs, usually less than 500 pounds of marijuana, because of the large volume of those cases and limited resources to handle them. In recent years, prosecutions for immigration violations have surged while drug prosecutions have declined.

Under the new arrangement, agreed upon several weeks ago, the authorities in the United States said they would closely monitor the cases referred to Mexico.

The justice system in Mexico has been plagued by chronic problems, including lost or uncollected evidence and accusations of police and prosecutorial misconduct, incompetence and overcrowded prisons. But the Mexican government, with the assistance of the United States, is pushing through changes intended to make the Mexican justice system more accountable.

Dennis Burke, the United States attorney in Arizona, described the border agreement as a sign of “our effort to enhance cooperation between the U.S. and Mexico on prosecuting drug trafficking cases.â€