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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 that the basic concept of international
law is that every country is a sovereign nation and that no
other county 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.
Last 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 last 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 the United States and Mexico was a late-1990s
federal 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
report. | 
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