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Loophole to America - Migrants (illegals) exploiting border law for non-Mexicans
The San Diego Union-Tribune ^ | 6/4/05 | Jerry Kammer

Posted on 06/04/2005 8:03:54 AM PDT by bkwells

Migrants exploiting border law for non-Mexicans

CUTLINE: Illegal immigrants from countries other than Mexico often gather at the bus station in Harlingen, Texas, call friends and relatives and catch a bus out of town. David Fahleson / Copley News Service

By Jerry Kammer
COPLEY NEWS SERVICE

June 4, 2005

McALLEN, Texas; In the silvery-blue light of dusk, 20 Brazilians glided across the Rio Grande in rubber rafts propelled by Mexican smugglers who leaned forward and breast-stroked through the gentle current.


DAVID FAHLESON / Copley News Service
Illegal immigrants from countries other than Mexico often gather at the bus station in Harlingen, Texas, call friends and relatives and catch a bus out of town.

Once on the U.S. side, the Brazilians scrambled ashore and started looking for the Border Patrol. Their quick and well-rehearsed surrender was part of a growing trend that is demoralizing the Border Patrol and beckoning a rising number of illegal immigrants from countries beyond Mexico.

"We used to chase them; now they're chasing us," Border Patrol Agent Gus Balderas said as he frisked the Brazilians and collected their passports late last month.

What happened next explains the odd reversal.

The group was detained overnight and given a court summons that allowed them to stay in the United States pending an immigration hearing. Then a Border Patrol agent drove them to the McAllen bus station, where they continued their journey into America.

The formal term for the court summons is a "notice to appear." Border Patrol agents have another name for it. They call it a "notice to disappear."

Of the 8,908 notices to appear that the immigration court in nearby Harlingen issued last year to non-Mexicans, 8,767 failed to show up for their hearings, according to statistics compiled by the Justice Department's Executive Office of Immigration Review. That is a no-show rate of 98 percent.


The problem is that U.S. immigration authorities are short on detention space. They can send Mexicans back across the border within hours. But international law prohibits them from sending non-Mexicans to Mexico. Instead, they must arrange travel documents and flights directly to the immigrant's country of origin. The process, which the U.S. government pays for, takes weeks or even months.

The result is an unintended avenue of entry for a rapidly growing class of illegal immigrants from Central and South American who now see the Border Patrol more as a welcome wagon than a barrier.

It is one example of the tears in the "seamless web of enforcement" that immigration authorities vowed to establish along the U.S.-Mexico border during the 1990s, when they spent billions of dollars on strategically placed lights, sensors, roads, fences and agents. It also helps explain why the nation's illegal immigrant population has grown to record levels despite the buildup.

The morning after Agent Balderas encountered the 20 Brazilians, another Border Patrol agent drove them to the McAllen bus station where they headed toward their destinations. They were armed with notices to appear that carried them safely past Border Patrol checkpoints.

Two days later, Graice De Olveira-Silva and three companions from Brazil were working for her relatives' house-cleaning business in Atlanta.

It is a world turned upside down for the Border Patrol, especially here in South Texas. Back in 1985, things were so different that a woman was convicted on charges that she drove illegal immigrants from El Salvador around the Border Patrol and to the same McAllen bus station.

Now smugglers operate with impunity. After their loads of immigrants splash ashore, the smugglers slip back across the river.

As word of this border loophole filters back to Central and South America, the volume of people coming to exploit it is likely to grow, according to Border Patrol agents.

Apprehension statistics bolster their assertion. Arrests of non-Mexicans along the U.S.-Mexico border totaled 14,935 in 1995, 28,598 in 2000 and 65,814 last year. In the first eight months of this federal fiscal year, which began Oct. 1, more than 85,000 have been apprehended. Nearly all are no-shows at their court hearings, but comprehensive federal figures are not available.

Statistics aren't the only evidence. Interviews with immigrants caught sneaking across the border recently suggest the problem will only increase as Central and South American migrants learn of the unintended opportunity.

"We thought they were going to deport us," said Ceidy Milady Canales Alvarez, a 22-year-old Honduran recently arrested by the Border Patrol in the McAllen sector. She said a cousin in Atlanta had encouraged her to make the trip. So she quit her $50-a-week job sewing shirts and pants that are exported to the United States and crossed the border.

A Guatemalan arrested late last month in the McAllen sector who gave his name as Hugo said that when word gets back home, "Anyone who has a little money will be coming."

In his office on Capitol Hill, Rep. Silvestre Reyes, D-Texas, fumed at the news from South Texas and called for emergency measures similar to those he adopted in 1989, when he was the Border Patrol's agent in charge of the McAllen sector.

"We need somebody with a stiff spine who can make a decision and say, 'We're going to build a temporary detention facility,' " Reyes said. "We need to send a message that anybody who crosses that border illegally is going to be detained. That message gets back (to the sending countries) instantaneously."

Sixteen years ago, Reyes faced a rush of immigrants fleeing the violence of Central American civil wars. Most of their asylum claims were rejected, but only after the migrants had moved far away, armed with notices to appear in court.

"They were coming across and flagging my men down," Reyes said. "It was destroying their morale."

He got permission from the commissioner of the old Immigration and Naturalization Service to establish a temporary tent city with several thousand beds for detained immigrants. That measure, coupled with an increase in the number of agents at key border crossing points, shut off the flow, Reyes said.

But the current director of immigration detention and removal operations in South Texas wants nothing to do with such emergency measures.

"Anytime you have temporary facilities, you have a degradation of services, you have anxieties," said Marc Moore, who administers 1,700 detention spaces.

Reyes reacted angrily to Moore's remarks. While a temporary facility would be expensive and might not be as tidy as Moore would like, Reyes said, "All these things are worth it given the alternative of the permiso  syndrome."

Central and South Americans call the notice to appear their "permiso," which in Spanish means permission slip.

About 19,450 immigration detention beds are available nationwide under funding levels established by Congress. Although that is twice the number of beds Congress funded a decade ago, it is far less than the number needed.

With the shortage of beds, immigration authorities must choose between using a bed to hold a migrant with a serious criminal record in the United States or one who has come across the border without a criminal record. It's an easy choice. They release the immigrant without the criminal record.

Many Border Patrol agents express frustration over the dilemma. They also worry that the high volume of non-Mexicans is taking up much of their time and might be making it easier for potential terrorists to slip past. Some said they spend much of their 10-hour shift processing non-Mexicans.

One night last month when six agents were processing non-Mexicans at the Border Patrol's Rio Grande City station, for example, only seven agents were patrolling the 84 miles of river under their watch.

Agent Isidro Noyola, who that night detained illegal immigrants from Brazil and Honduras, said, "Our fear is that when we are processing and not patrolling the border, somebody else is going to be coming through."

Another agent expressed astonishment at the cheekiness of some of the migrants.

"They come up to you and say, 'I want my permiso,' " Agent Larry Alvarez said. "They want us to hurry up and get them out of here."

Others with the Border Patrol complained that they are being reduced to little more than gun-toting travel agents in uniforms.

In particular, the growth in the number of Brazilians taking advantage of the loophole has been spectacular, largely because of that country's poor economic conditions. In 1995, the Border Patrol detained 260 Brazilians along the Mexican border. Five years later, the number had grown to 1,241. But over the past eight months, it has soared to some 22,000.

The number of Brazilians floating north over the Rio Grande might continue to increase because of a prime-time soap opera in Brazil whose central character is smuggled across the Mexican border and finds work as an exotic dancer in Miami.

Since its first episode aired in March, "America" has become Brazil's most popular "telenovela." In a country of 178 million, it has an audience of some 60 million.


TOPICS: Crime/Corruption; Foreign Affairs; Front Page News; Government; News/Current Events; US: Arizona; US: California; US: New Mexico; US: Texas
KEYWORDS: aliens; borderpatrol; illegalimmigration; illegals; immigrantlist; immigration; mexico
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To: A_Conservative_Chinese
I think a lot of naturalized citizens are much more patriotic than many born-Americans. for example, I'm much more patriotic than liberals. Am I right?

The naturalized citizens I know are more patriotic than most. A lot of native born Americans have forgotten their country's history, they've never lived anywhere else and they take our freedoms for granted.

21 posted on 06/04/2005 9:07:11 AM PDT by DumpsterDiver
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To: HiJinx; gubamyster

http://www.freerepublic.com/focus/f-news/1416415/posts


22 posted on 06/04/2005 9:17:39 AM PDT by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: A_Conservative_Chinese
I think a lot of naturalized citizens are much more patriotic than many born-Americans. for example, I'm much more patriotic than liberals. Am I right?

Conservatives and liberals can both be extremely patriotic. Anyone who loves this country, the ideals of it's founding fathers and would be willing to preserve these ideals (till death!) is a Patriotic American.

23 posted on 06/04/2005 9:18:41 AM PDT by ozarkgirl
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To: A_Conservative_Chinese

You're right. It's very unfair.

(Congratulations on becoming a citizen, by the way! Welcome, my fellow American!)


24 posted on 06/04/2005 9:19:39 AM PDT by Nea Wood (I considered atheism but there weren't enough holidays.)
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To: bkwells

A couple thousand tents and some wire, doesn't sound that expensive to me...

I wonder how many of the hundreds, if not thousands of Non Goverment advisors that the President has (that we pay for of course) spend any time at all representing American citizens...I don't really wonder...I know none of them do...


25 posted on 06/04/2005 9:21:00 AM PDT by Iscool (You mess with me, you mess with the WHOLE trailer park!!!)
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To: Travis McGee

Got it!


26 posted on 06/04/2005 9:21:40 AM PDT by HiJinx (~ www.ProudPatriots.org ~ Operation 4th of July ~)
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To: A_Conservative_Chinese
I think a lot of naturalized citizens are much more patriotic than many born-Americans. for example, I'm much more patriotic than liberals. Am I right?

You likely are more Patriotic than most Republicans as well...Even here on FR...Hang around and you will see what I mean...

27 posted on 06/04/2005 9:28:14 AM PDT by Iscool (You mess with me, you mess with the WHOLE trailer park!!!)
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To: A_Conservative_Chinese

In today's world, many naturalized citizens are more aware of just how fortunate Americans are. Most of us have not experienced what they have.
When I was in elementary school,(many years ago ), we pledged allegiance to the flag every morning and considered our selves honored to be chosen to be one of the three students allowed to raise the flag in the schoolyard.
Granted, this in itself doesn't make one patriotic, but it does lay a firm foundation.
And- welcome to the U.S.A.


28 posted on 06/04/2005 9:29:05 AM PDT by Straight8 (I am unique, just like everyone else.)
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To: bkwells

Rather than give $1 billion taxpaying dollars to provide free health care for illegals, I would prefer to hire more INS guards to enforce our laws of the land. Deportation is the cry!


29 posted on 06/04/2005 9:44:14 AM PDT by lilylangtree (Veni, Vidi, Vici)
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To: aimhigh
It's time to stock to Rio Grand with piranha

Sometimes the easiest solutions are the best!

30 posted on 06/04/2005 9:46:29 AM PDT by ozarkgirl
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To: adam_az

Why don't you share with the class why you felt the need to post that on this thread?


31 posted on 06/04/2005 9:54:46 AM PDT by Howlin (Up or down on Janice Brown!)
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To: bkwells
I think 10,000 miles of razer wire and land mines would fix the issue once and for all.
32 posted on 06/04/2005 10:02:01 AM PDT by Nyboe (From God we receive both our freedom and morality. A Godless society will have neither.)
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To: Howlin

"Why don't you share with the class why you felt the need to post that on this thread?"

I have a better question, why don't you share with the class the reasons you feel the need to refer to anyone who disagrees with Jorge's immigracion policy as a Bush-hater?

That might be more enlightening.


33 posted on 06/04/2005 10:29:46 AM PDT by adam_az (It's the border, stupid!)
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To: adam_az

I was not on this thread.

I do not come to these threads anymore.

The reason I don't come to these threads anymore is because of snotty remarks like yours.

Now, stop baiting me and other people.


34 posted on 06/04/2005 10:33:28 AM PDT by Howlin (Up or down on Janice Brown!)
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To: lodwick
Well done, Jorge. Your masters are well-pleased.

Right on target! Jorge has rolled out the red carpet to the third world. What Americans want doesn't matter anymore.

35 posted on 06/04/2005 10:36:57 AM PDT by janetgreen
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To: HiJinx



Good news!

http://www.freerepublic.com/focus/f-news/1415789/posts


36 posted on 06/04/2005 10:39:49 AM PDT by B4Ranch ( Report every illegal alien that you meet. Call 866-347-2423, Employers use 888-464-4218)
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To: bkwells

I'm so angry. Well, they don't have a clue about America, its values, mores, language, work ethic. As a result, a good many will end up in jail -- so we'll be supporting them forever, one way or another. I hope Bush and the globalist cabal are happy.


37 posted on 06/04/2005 10:41:43 AM PDT by hershey
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To: bkwells
Let's see here. We have thousands of illegals that we have no holding space to keep them in. We also have numerous failed housing projects throughout the country that are currently closed and empty, many of which are walled communities. Seems they could be converted readily into holding facilities for these illegals thus giving us a considerably increased capacity. Perhaps somebody could look into this as a possible short term solution.
38 posted on 06/04/2005 11:00:12 AM PDT by bsaunders
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To: All
But the current director of immigration detention and removal operations in South Texas wants nothing to do with such emergency measures. "Anytime you have temporary facilities, you have a degradation of services, you have anxieties," said Marc Moore, who administers 1,700 detention spaces.

My God! We don't want to give these criminal invaders any anxiety. Heaven forbid we degrade the services that we provide free of charge, starting with a ride to the bus station and progressing to free medical care, etc.

Sheriff Joe Arpaio of Cochise County, AZ has been running a tent camp for several years. He creates anxiety by making the prisoners wear pink underwear. The Border Patrol used tents before with no apparent degradation of services.

The idiot bureaucrats that are really running this country are a bunch of pathetic PC socialist fools.

39 posted on 06/04/2005 12:32:27 PM PDT by JoeBob (If you live like sheep the wolves will eat you.)
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To: JoeBob

A small point overall, but "Sheriff Joe" is Maricopa County, generally the Phoenix metropolitan area.


40 posted on 06/04/2005 12:48:58 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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