Thread: Union Pacific Railroad says it has no control over drug smug

Union Pacific Railroad says it has no control over drug smuggling
Comments 2
March 21, 2009 - 8:48 PM

By Emma Perez-Trevino, The Brownsville Herald

The Union Pacific Railroad has been butting heads with the U.S. Department of Homeland Security for years about drugs found in railcars traveling across the border from Mexico.

The U.S. Department of Justice this week filed lawsuits against the railroad seeking $37 million in civil fines for not preventing the use of railcars to smuggle more than 4,200 pounds of marijuana and 260 pounds of cocaine from Mexico through Calexico, Calif. and Brownsville.

U.S. Customs and Border Protection agents found the drugs during inspections from 2001 through 2006.

But Union Pacific first filed a lawsuit against DHS in July last year in federal court in Nebraska, seeking the court's determination that the federal government unlawfully applied statutes relative to the smuggling of illegal narcotics from Mexico in trains.

"In addition, UP seeks to vindicate its right to be free of unconstitutionally excessive forfeitures, seizures, and penalties levied by CBP (U.S. Customs and Border Protection), currently and in the future," the lawsuit states.

CBP is the agency that issues the civil penalties.

Union Pacific issued a statement this week, noting that the federal government and not the railroad takes initial control over railcars entering the U.S. and that CBP is "punishing Union Pacific for drug smuggling that the company has no ability to prevent."

"Drug traffic originates on Mexican railroads that Union Pacific does not control. When Mexican trains reach the U.S. border, CBP takes control of them (and) bars Union Pacific from approaching or inspecting the trains except under CBP direction," the statement also noted.

Union Pacific further contends that CBP even penalizes the rail company after the railroad finds drugs that CBP missed in their inspections.

The railroad also contends that it cannot send its personnel into Mexico to inspect the railcars for drugs, because they would not be allowed to carry arms or use drug-detecting dogs. Personnel "would have no legal authority and would be forced to turn over drugs to unreliable authorities in Mexico," Union Pacific contends.

Furthermore, "UP employees would be subject to arrest in Mexico and would be unarmed in the face of vicious drug gangs," the statement reads.

How the dispute will be resolved is uncertain, but the litigation between the federal government and Union Pacific progresses in Nebraska and now California and Texas.




http://www.brownsvilleherald.com/news/p ... n_cbp.html

So they are traveling by crooked rail...

How hard is it for some person working on the train to go thru all the boxcars and check them, while the train is moving?
Am I niave? They got nothing else to do on the trip!

The Union Pacific Railroad has been butting heads with the U.S. Department of Homeland Security for years about drugs found in railcars traveling across the border from Mexico.

Hmmmm-mmm uhhh, I guess they need to quit traveling across the border. Since Mexico is putting tariffs on US imports into their country I think we need to put large tariffs on Mexican imports, put heavy taxes on money wired to Mexico, AND REPEAL NAFTA!!!!!

Hmmmm-mmm uhhh, I guess they need to quit traveling across the border. Since Mexico is putting tariffs on US imports into their country I think we need to put large tariffs on Mexican imports, put heavy taxes on money wired to Mexico, AND REPEAL NAFTA!!!!!

I'm glad! We can move away from buying anything from their filthy country.
I hope China does it to us next! We will become a manufacturing country again!!!!!!!!!
Anyone got a recipe for Salsa or Tacos?