In response to a border crackdown announced last summer by U.S. Immigration and Naturalization Service Commissioner Gene McNary, federal officials say, the Border Patrol in San Diego has begun an innovative program aimed at targeting and deporting alien smugglers.
The effort--which so far has been used to deport more than 300 suspected smugglers--has already drawn criticism from immigrant advocates, who contend it will be ineffective and could result in unwarranted deportations.
At the other end of the political spectrum, pro-enforcement advocates say the program is woefully inadequate to deal with the massive volume of illegal migration via the California-Mexico border.
But INS officials say the initiative--known as the Alien Smuggler Identification and Deportation Program--will help deter smugglers by subjecting them to deportation and possible prison terms.
Once deported, according to the agency, offenders caught anew on U.S. territory without visas could be charged with federal felony violations and face up to five years in jail.
In that way, authorities say, the deportation orders will help facilitate future legal action against smugglers. Agents say prosecuting smugglers is now difficult and costly because of the reticence of witnesses and the need to hold prospective witnesses for weeks and months, among other factors.
"We know who the repeated crossers and smugglers are, and we can get them this way," said Duke Austin, an INS spokesman in Washington.
Seeking deportation contrasts with the prevalent quick-repatriation procedure now in use. The vast majority of illegal migrants from Mexico arrested in the San Diego area are simply sent back to Tijuana, often on the same day of their arrest, after signing forms agreeing to return to Mexico voluntarily. Authorities acknowledge that the procedure offers little disincentive for multiple illegal entries.
Immigrant advocates say the deportation program could wrongly funnel non-smugglers into long-term detention and complicated deportation proceedings, during which many aliens have no lawyer representing them. Moreover, critics are skeptical about the deterrent effect, given the deep-rooted causes of immigration.
"The social, political and economic forces that encourage illegal immigration to the U.S. are really so overwhelming that prosecuting a handful of smugglers is really going to do nothing," said Peter Schey, executive director of the Center for Human Rights and Constitutional Law, a Los Angeles-based immigrant advocacy organization. "For every smuggler caught, there are thousands waiting in the wings waiting to bring people into the U.S."
