Pubdate: Sun, 04 Jan 2009 Source: Monitor, The (McAllen, TX) Copyright: 2009 The Monitor Contact: http://drugsense.org/url/qsOVHygd Website: http://www.themonitor.com Details: http://www.mapinc.org/media/1250 Author: Ana Ley Bookmark: http://www.mapinc.org/youth.htm (Youth) JUVENILE JACKPOT? Teen Smugglers May Provide Loophole For Criminals The two boys tried to smuggle 44 pounds of marijuana into the United States. Soon after the authorities caught them, they were released - free of any criminal charges - to reunite with their families and return to their home country. On Dec. 9, officers at the Pharr-Reynosa International Bridge stopped a northbound 2000 Ford Explorer driven by one of the two boys - both 16 years old and Mexican nationals - and found five packages stuffed with pot inside one of the SUV's tires. After the U.S. attorney's office opted not to press charges against them, U.S. Customs and Border Protection officials took them to the Mexican Consulate in McAllen. There, the boys were stripped of their visas and met with Mexican immigration authorities at a shelter before returning home with their families. "In most cases, if (minors) are unaccompanied (by an adult), they are taken to this shelter," said Miriam Medel, a spokeswoman for the Mexican Consulate. The shelter is run by the Desarrollo Integral de la Familia, a Mexican social assistance program. The influence of Mexican drug smugglers is expected to rise in 2009 and the use of minors for drug transport could pose a significant problem for U.S. authorities who often must release teens without punishment. Officials with the U.S. attorney's office in Houston refused to comment on the issue, adding that the office could only comment on specific cases; however, CBP officials refused to release details about the minors involved in the Dec. 9 incident. Rogelio Escaname, a criminal justice professor at South Texas College who was previously a narcotics supervisor for the Texas Department of Public Safety, said minors can be charged but that it's rarely done because the process is complicated and costly. "(The decision to press charges) really depends on the severity of the case and what type of involvement the minor had in transporting the drugs," Escaname said. "It also largely depends on the prosecutor." Perhaps the two boys were released because they were carrying marijuana instead of other controlled substances such as cocaine or heroin, whose possession often leads to harsher punishment, Escaname said. "When I was an investigator, most prosecutors would (opt to) press charges for coke and heroin," he said. "You have to look at whether (charging someone) is cost-effective. You have to pay for court fees, detention fees and prison fees. Maybe it's not worth it for them, especially (in the Rio Grande Valley) because they have so many other smugglers to worry about." Minors are rarely caught trying to transport drugs, Escaname added. When they do face charges, they tend to end up at juvenile detention centers, although the punishment possibilities vary broadly. Escaname said most minors involved in trafficking tend to act as lookouts, and their roles in drug smuggling operations tend to be minimal, which is also why they seldom face punishment. Sometimes such cases are put on the back burner after they are handed over to Hidalgo County District Attorney Rene Guerra, who explained that his office doesn't have the resources to handle most federal referrals. Guerra said the best way to prevent smugglers from abusing the loophole is to simply search minors more frequently, so that all drugs can be seized before they enter the country, regardless of whether the searches actually lead to any punishment. "Drug cartel members are using kids to find out how many can get through," Guerra said. "(Border officials) need to check (minors') cars and make sure drugs don't get in." Prosecution of minors in such cases is so rare, Richard Gould said, that he has never dealt with a juvenile in his 16 years as a federal public defender in South Texas. "It's like anything," he said. "If a bunch of people took advantage of a certain policy, it wouldn't surprise me if it changed," - --- MAP posted-by: Larry Seguin