Posted on 01/29/2006 11:18:24 AM PST by radar101
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 the basic concept of international law is that every country is a sovereign nation, and that no other country 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.
This past 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 this 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 United States and Mexico was a late 1990s federal government 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 story.
Edward Barrera can be reached by e-mail at edward.barrera@dailybulletin.com or by phone at (909) 483-9356.
BTTT
Well, presumably, since they appear to be part of the Mexican Army, they can lawfully be blown up with mortar shells and tank rounds.
If it turns out they were not really soldiers, maybe they will still get the idea that it is unwise to adopt such a disguise.
Seriously, we should have some marine recon units scattered along the border, ready to deal with this. Are these guys mafia in military garb? or Mexican Army contracting themselves to the mafia? In the end, it makes no difference.
Take them out.
Pancho Villa and Black Jack Pershing
'Cept in this case, it'll probably be US citizens doing the work the US government won't do.
Where's the problem? Shoot them or arrest and hold them. If the Mexican government claims them back, then leave it to them to inform us whether they are rogue criminals or official invaders.
Let Vincente sort it out.
Listen, Delbert Dumbunny, whoever these latest guys were, they crossed over the Rio Grande, which defines the border between much of Texas and Mexico. They had to know that they were in the U.S. Moreover, they took up defensive positions to shield the smugglers they were protecting while they hauled their marijuana back South after being discovered. This was no, "Whoops, we should have hung a left on Avenida de la Playa" mistake.
We can settle the issue of "were they real military" by running the VIN of the hummer they abandoned and burned on the U.S. side. If it was sold to the Mexican government, we have our answer.
I agree. While wearing that uniform, they are representing the Mexican government. This should be a serious diplomatic issue, but the US government is trying to obfuscate it.
The question is, what is it going to take for Washington to take this issue seriously? The massacre of a group of American citizens? ( oh, wait. We had Waco, which was government sanctioned ).
When the hell are we going to end this Kabuki theater with Mexico?
And if we catch them out of unifrom, they should be shot as spies on the spot.
I agree that unless someone at the top gives an order to change the pattern, nothing is going to happen except a few more Americans killed.
Bush has gone out of his way to make nice with Vincente Fox. That made sense at first, after 70 years of PRI corruption, before Fox proved to be just more of the same.
Bush must realize that he has angered a lot of voters over the border issue, and unlike clinton I doubt whether Bush is getting paid off by the drug smugglers. Still, it's always easier not to stir up trouble if you can help it. It's a political reflex.
ping
This must only apply to the military and not to the citizens of Mexico, right?
The way to get them out of limbo is to capture (preferably) or kill a few. The Mexican government would then either have to claim them or disassociate from them. If the latter all future incursions would be treated as criminal acts. If the former they can be treated as a hostile invasion force.
This is not tricky at all. If they are operating with the approval of corrupt government officials they will lie about it. Either way you will get the same answer.
The solution is quite simple. Be they civilian, and or army when they cross the border armed it is a military or para military invasion into our sovereign land. We should kill them the most efficient and economical way we can. We do not need a fence on the border except near the major crossing points. The rest of the border should be a well marked and sign posted mine field with a 500 meter wide free fire zone.
Before someone flames me for being and racist I would like to add my wonderful wife is from Mexico and I have great compassion for the people of Mexico. We need a rational policy of controlled immigration.
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