4. Border and Enforcement News:

Border patrol faces misconduct accusations

The Los Angeles Times reports that the Justice Department’s prosecution of a Border Patrol agent on civil rights charges ended in a mistrial because a juror was taking notes in violation of the judge’s instruction.  Agent Jesus Diaz Jr. is charged with torturing a teenaged drug smuggler in 2008 and remains on unpaid suspension as he awaits a retrial.  In the last 18 months, five Border Patrol agents have been accused or convicted of sex crimes and a number of other agents are facing misconduct cases.  In June, Agent Eduardo Moreno pleaded guilty to a federal civil rights charge for assaulting a migrant at processing center in Arizona. 

One reason cited for the rise of misconduct cases in the Border Patrol is the fact that the agency has grown from 4,000 agents in the early 1990s to more than 21,000 today.  However, because the Border Patrol does not publish information about when and under what circumstances it uses force, criminal cases have been very diffuculy to prosecute and only eight have been filed since 2004.

http://www.latimes.com/news/nationworld/nation/la-na-border-patrol-20100908,0,5346494.story

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Fewer law enforcement officers become immigration agents

USA Today reports that a federal program that authorizes local police officers to act as immigration agents, known as 287 (g), has seen a large decrease in numbers.  While 72 agencies have signed up for the program since it was installed in 2002, only 10 have done so in 2009 and 2010. 

Some law enforcement agencies are reluctant to join the program because they say it makes Hispanics suspicious of police and less willing to cooperate with investigations.  Some critics of the program say it leads to racial profiling, while others blame the economic downturn for overstretching some law enforcement agencies’ resources and making a less labor-intensive ICE program, Secure Communities, a more viable option.   Supporters, on the other hand, say the 287 (g) program is necessary due to the lack of tough federal enforcement.  

http://www.usatoday.com/news/nation/2010-09-14-immigration_N.htm

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Houston native wrongly deported for 85 days

The Houston Chronicle reports that U.S. Customs and Border Patrol agents cleared 19-year-old Luis Alberto Delgado to enter the United States 85 days after he was detained by immigration officials and forced to sign papers removing him to Mexico.  Delgado was detained in South Texas on June 17^th after a routine traffic stop while U.S. Border Patrol agents questioned him about his citizenship. 

Although Delgado presented his birth certificate, Social Security Card, and Texas identification card, the agents doubted the validity of these documents because he did not speak English well.  Delgado was eventually pressured to sign paperwork that resulted in his removal to Mexico.  Since returning to Houston, Delgado has learned that his construction job is gone and he has hired immigration attorney Isaias Torres to represent him as he files grievances against the U.S. government.

http://www.chron.com/disp/story.mpl/special/immigration/7199653.html

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