Lack of prosecutions demoralizing Border Patrol

By Elliot Spagat
ASSOCIATED PRESS
2:16 p.m. May 18, 2006

SAN DIEGO – The vast majority of people caught smuggling immigrants across the border near San Diego are never prosecuted for the offense, demoralizing the Border Patrol agents making the arrests, according to an internal document obtained by The Associated Press.

“It is very difficult to keep agents' morale up when the laws they were told to uphold are being watered-down or not prosecuted,” the report says.

The report offers a stark assessment of the situation at a Border Patrol station responsible for guarding 13 miles of mountainous border east of the city. Federal officials say it reflects a reality along the entire 2,000-mile border: Judges and federal attorneys are so swamped that only the most egregious smuggling cases are prosecuted.

Only 6 percent of 289 suspected immigrant smugglers were prosecuted by the federal government for that offense in the year ending in September 2004, according to the report. Some were instead prosecuted for another crime. Other cases were declined by federal prosecutors, or the suspect was released by the Border Patrol.