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Is the U.S. Giving Mexico Intelligence about Americans?
NRO ^ | 05/10/2006 | Andrew C. McCarthy

Posted on 05/10/2006 10:22:29 AM PDT by NapkinUser

There is no more explosive issue on the political landscape than illegal immigration. Not only has it sharply divided the American people, who want it stopped and reversed, from the political classes, which want to legitimize and, perforce, encourage more of it. It may be singularly responsible for President Bush’s alarmingly low approval ratings.

Those, after all, are not being driven by the Left and the media. They’ve never been fans. The numbers are tanking thanks to flight by the Republican base and Reagan Democrats, who are apoplectic over the administration’s stubborn insouciance in the face of unabashed lawlessness that acutely threatens public safety.

It was inevitable that this would come to a head, and now it may have.

Michelle Malkin, who has been a stalwart on immigration, reports that the United States government has been providing Mexico with intelligence about the lawful activities of American citizens, specifically, the locations and tactics of Minuteman patrols.

The Minutemen have been maligned by pro-illegal-alien lobbyists, swaths of the mainstream media, and—infuriatingly—President Bush himself as a “vigilante” group. In fact, they are a vigilance group.

The project is a lawful association of citizens, multi-ethnic and multi-racial in background, who assiduously monitor the way government performs one of its most basic enforcement missions. That is to say, it does pretty much what CAIR and the ACLU do—except its efforts inure to the benefit of American national security rather than death-row inmates, terrorists, privacy extremists and self-styled dissidents … and thus it is frowned on by our high-minded clerisy.

The Minutemen are doing what the government refuses to do: closely watching the southern border and very publicly reporting to the under-resourced Border Patrol the tide of illegals pouring across. This sometimes shames our reluctant government into enforcing the immigration laws.

Obviously, the feds don’t like to be shamed. The reflexively pro-immigration administration thus despises the project—although, where the rubber meets the road, many Border Patrol agents are quietly thrilled that someone actually thinks their mission is important. There have thus been occasional reports, denied by the Department of Homeland Security (DHS), that border agents have been ordered not to make arrests in response to Minuteman reports.

Now, however, comes a much more serious charge. As Malkin notes, Sara Carter of California’s Inland Valley Daily Bulletin has reported that DHS’s U.S. Customs and Border Protection agency (CPB), which runs the Border Patrol, has been providing the Mexican government with the locations of Minuteman watch groups, as well as other details about Minuteman participation in detentions of illegal aliens.

According to the report, a website maintained by the Mexican secretary of foreign relations explains that U.S. agents, as a matter of routine, notify the Mexican government regarding the locations of civilian border-patrol groups.

As night follows day, this information undermines the effectiveness of the patrols, channeling immigrant smuggling away from them. As Minuteman founder Chris Simcox told Carter, “Now we know why it seemed like Mexican officials knew where we were all the time.” Chagrined, Simcox added, “It’s unbelievable that our own government agency is sending intelligence to another country. They are sending intelligence to a nation where corruption runs rampant, and that could be getting into the hands of criminal cartels.”

Apparently aware that this is a powder keg, DHS is scrambling to justify itself. Initially, a CPB spokesman confirmed the assertions of the Mexican government website. Now, however, a back-peddling DHS is labeling the Daily Bulletin story “inaccurate.”

As Malkin reports today, DHS categorically asserts that the “Border Patrol does not report activity by civilian, non-law enforcement groups to the Government of Mexico.” Rather, “During a detention of a legal or illegal immigrant that produces an allegation of improper treatment, Border Patrol reports the allegation and allows the appropriate consulate to interview the individual in custody.”

The DHS statement is noteworthy in two respects. First, while attempting to discredit the report about providing Mexico with intelligence, it does not clearly deny transmitting information about Minuteman patrols—something the CPB spokesman previously conceded quite matter-of-factly (saying, “It’s not a secret where the Minuteman volunteers are going to be”).

DHS instead says it “reports the allegation” if “improper treatment” is alleged. But we are not told what DHS considers “improper treatment” (e.g., does it consider patrols by the Minutemen—whom the President has labeled as “vigilantes”—to be improper?). Nor are we told how comprehensively DHS “reports” the matter to Mexico (e.g., does it simply notify Mexico that an arrest has been made, or does it convey an expansive summary of the case?).

Second, DHS seems to be saying that it was compelled to disclose whatever information it may have given to Mexico by the 1963 Vienna Convention on Consular Relations, which President Nixon ratified in 1969.

This latter claim bears scrutiny. The consular-notification convention, and in particular its Article 36, comes into play whenever an alien—legal or illegal—is arrested in the United States. It absolutely does not require U.S. authorities to provide any investigative information or other intelligence to foreign governments. Indeed, it does not necessarily require our government to give a foreign government any information whatsoever.

On the contrary, it provides that when a foreign national is detained, he has a right to have his nation’s consulate in the United States informed of the fact of the arrest. If he does not want his nation so advised, the U.S. is under no obligation to provide notice.

If the detainee does assert his consular-notification rights, the U.S. must advise the consulate of the fact of the arrest, pass along any communications the detainee addresses to his consulate, and allow representatives of the consulate to visit with the detainee.

That’s it. If the foreign government is determined to educate itself about the case, it must do so by interviewing the arrestee (just like a defense lawyer) or by open source information (just like a reporter or any person curious enough to check the public record). It has no claim on investigative or intelligence information maintained by the United States government. Of course, our government may decide to share more information with the foreign government; but if it does, that is a function of choice, not a requirement of law.

The reasons for all this should be obvious. Americans themselves are not entitled to intelligence and investigative information from their own government, so foreigners clearly have no legal basis to demand it.

More to the point, though, let’s say the U.S. arrests a terrorist from a rogue nation that happens to be a Geneva signatory. Would anyone seriously contend that our government should provide, say, Iran with background intelligence about the case? Of course not. We want to comply with our obligations to notify foreign governments about the arrests—after all, that is our best assurance that foreign governments will reciprocally comply and notify our government when Americans are arrested in their jurisdictions. We do not, however, owe them more than that.

This situation calls for close attention. The American people should be told exactly what DHS’s component agencies have been telling Mexico. If, as DHS maintains, it is merely honoring U.S. treaty obligations, that is laudable and to be encouraged.

If, however, our government is gratuitously providing a suspect regime with information about the First Amendment-protected activities of American citizens, the immigration issue is headed for a whole new dimension of controversy.


TOPICS: Crime/Corruption; Culture/Society
KEYWORDS: aliens; illegals; invasion; treason
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To: justshutupandtakeit; dirtboy

justshutupandtakeit, should this nation have control of it's borders to the point that non-citizens cannot illegally enter the country? If so, who should do it and what means should they use to do it?


61 posted on 05/10/2006 12:59:51 PM PDT by houeto (G.W. Bush's legacy: The largest Spanish speaking country in the world!)
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To: justshutupandtakeit
And there is nothing in this article or its ridiculous source

NRO is a ridiculous source? Boy, you really are willing to destroy the conservative village to save it, aren't you?

62 posted on 05/10/2006 1:00:11 PM PDT by dirtboy (An illegal immigrant says my tagline used to be part of Mexico)
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To: dirtboy

Once again there is no indication from ANY credible source that backs up the supposition that the BP was giving much more than required.

Once a detainee is held and the consulate is contacted just how long do you think the presence of the MM is going to remain secret. They are not secretive and do not hide their actions and in the past have never indicated that they care that they get publicity quite the contrary. And anything which makes them look more effective such as having Illegals go away from areas under patrol only provides positive publicity.


63 posted on 05/10/2006 1:03:14 PM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: dirtboy

UPDATE -- From the Daily Bulletin:

http://www.dailybulletin.com/news/ci_3803897

(excerpt)

"It appears the border reports are the tip of the iceberg," said Chris Simcox, founder of the Minuteman Civil Defense Corps, which began patrolling the border last April.

Such requests from Mexico, and U.S. officials acquiescing to them, are not new, say Border Patrol agents.

Scott James, a former Tucson agent, resigned after eight years of service in February, citing a lack of support for agents by the Department of Homeland Security.

He said that U.S. Border Patrol officials provided office space inside their headquarters to Mexican consulate officials, allowed the consulate to dictate the agents' activities, and gave the consulate information on ongoing investigations.

Such courtesies were not extended to consulate offices of other countries, James said.

Sara A. Carter can be reached by e-mail at sara.carter@dailybulletin.com or by phone at (909) 483-8552.


64 posted on 05/10/2006 1:03:52 PM PDT by Rutles4Ever
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To: dirtboy

Hilarious. As though the detainee cannot tell the consular official. So this is shown to be a total NOTHING BURGER despite the frenzied attempts to blow it up into an atrocity.


65 posted on 05/10/2006 1:04:55 PM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: justshutupandtakeit

Your name says it all!! lolol


66 posted on 05/10/2006 1:06:07 PM PDT by processing please hold (Be careful of charity and kindness, lest you do more harm with open hands than with a clinched fist)
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To: dirtboy

Obviously any honest person would admit that I was speaking of the Nitwit Daily which is the source of this "revelation".

Expecting honesty from the Zealot is futile I realize.


67 posted on 05/10/2006 1:06:51 PM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: justshutupandtakeit
As though the detainee cannot tell the consular official.

Wrong, the government has provided the information beyond that required by the Convention. Try again.

68 posted on 05/10/2006 1:07:13 PM PDT by dirtboy (An illegal immigrant says my tagline used to be part of Mexico)
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To: Rutles4Ever

Thanks for the link.
Pinging La Enchiladita... have you read this follow up article today?
ceecee


69 posted on 05/10/2006 1:10:53 PM PDT by antceecee (Hey AG Gonzales! ENFORCE IMMIGRATION LAWS NOW!!!)
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To: Dane; NapkinUser
"At least I can be consistent,..."

Yes, we can always count on you to consistently side with the illegal aliens.

Don't confuse "consistent" with "dense".

70 posted on 05/10/2006 1:11:21 PM PDT by Czar (StillFedUptotheTeeth@Washington)
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To: antceecee; La Enchiladita

sorry LE forgot to link you to my previous ping....


71 posted on 05/10/2006 1:11:48 PM PDT by antceecee (Hey AG Gonzales! ENFORCE IMMIGRATION LAWS NOW!!!)
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To: justshutupandtakeit
Most rational people are concerned about much more important issues

Yeah that's why Bush's approval ratings are so high.


72 posted on 05/10/2006 1:13:33 PM PDT by Sir Gawain
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To: houeto

Your question is not relevant to the issue of the Queen of Hysteria blowing up some two-bit newsletter's wild accusations and having some FReepers swallow them unquestioningly while launching attacks on the President.

This whole Illegal issue is the Party of Treason's main vehicle to destroy the conservative movement and many are gleefully following its script apparently oblivious to the FACT that the Party of Treason regaining power will attack EVERYTHING which conservatives hold dear.

However, rather than humor you I will point out something VERY FEW people seem to realize. US authorities detain and deport 1.2 million Illegals every YEAR, 100,000 per MONTH, 3100+ per DAY, 120+ per HOUR or 2 per MINUTE. There is little chance more can be done but 100% certainty LESS will be done it the campaign to destroy the GOP succeeds.

It is IMPOSSIBLE to prevent all Illegals from entering this country. Popular fantasies to the contrary.


73 posted on 05/10/2006 1:13:48 PM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: NapkinUser
You know I'm beginning to think Bush's comment about Clinton being a Bush Brother aren't too far off the mark.

I sent my letter of indignation to the White House last week.

I hope all FReepers will do the same.
74 posted on 05/10/2006 1:14:12 PM PDT by Barney59 ("Time wounds all heels.")
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To: justshutupandtakeit
It is IMPOSSIBLE to prevent all Illegals from entering this country. Popular fantasies to the contrary.

You also can't keep all water off a ship. Doesn't mean you don't try to make it as watertight as you can.

75 posted on 05/10/2006 1:16:21 PM PDT by dirtboy (An illegal immigrant says my tagline used to be part of Mexico)
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To: dirtboy

My statement was mocking the silly idea that the detainee cannot tell the consular officer the details of arrests which NEVER happen. The MM do NOT make arrests so try another LIE.


76 posted on 05/10/2006 1:16:28 PM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: Rutles4Ever
He said that U.S. Border Patrol officials provided office space inside their headquarters to Mexican consulate officials, allowed the consulate to dictate the agents' activities, and gave the consulate information on ongoing investigations.

Un freakin' believable. I'm flabbergasted with that paragraph.

77 posted on 05/10/2006 1:16:45 PM PDT by processing please hold (Be careful of charity and kindness, lest you do more harm with open hands than with a clinched fist)
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To: pbrown

Hopefully yours does not else see a doctor IMMEDIATELY.

AFA my name goes look up "irony" in the dictionary then get back to me.


78 posted on 05/10/2006 1:17:43 PM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: untrained skeptic
Andrew C. McCarthy has a good article at National Review.

I do not know if you have read it.




79 posted on 05/10/2006 1:19:35 PM PDT by G.Mason (And what is intelligence if not the craft of outthinking our adversaries?)
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To: Sir Gawain

Bush's rating are where they are because of the Treason Media's incessant LIES about his policies. If the "conservatives" have gone mad over tangential matters then conservatives do not deserve to remain in power. Stupidity is very dangerous.


80 posted on 05/10/2006 1:20:16 PM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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