Injustice at the Border
By Bernard B. Kerik

February 16, 2007

The criminal prosecution and harsh sentencing last year of two border patrol agents convicted of wounding an illegal immigrant trying to smuggle some 700 pounds of marijuana over the border has ignited a controversy that has people on both the right and left calling for an investigation.  Well, let the investigation begin.  And let’s hope that it results in a presidential pardon for agents Ignacio Ramos and Jose Alonso Compean.

Yes, the actions of the agents after the shooting in failing to report the incident—the suspect ran over the Mexican border and kept running, and the agents’ say they were unaware that he was hit—merit discipline.  But the agents’ initial actions of challenging the suspect and firing when then they thought they were about to come under fire themselves, does not warrant the 11 and 12 year sentences each received, respectively, at sentencing. 

Why?  Because they were doing their jobs protecting the security of this country. Consider the fact that since the attacks of 9/11 more than 6 million people have been stopped at the borders trying to enter the country illegally.  Yes, most were likely entering to get work. But surely not all and certainly not the illegal immigrant involved in this case, who, by his own admission, was hired to run drugs over the border to a stash house. 

If this drug runner was, instead, trying to smuggle explosives or a dirty bomb, would the two agents then be hailed as heroes?  Yes, and probably presented with a presidential medal, because border security is a vital element in our continuing effort to keep America safe from terrorist attacks.  Remember that the 19 hijackers of September 11th passed through U.S. border security checkpoints a total of 68 times, leaving and entering this country as they planned their murderous plot.   Consider also, in testimony before the U.S. Senate in 2005, James Loy, deputy secretary of the Department of Homeland Security, stated; "several al-Qaeda leaders believe operatives can pay their way into the country through Mexico and also believe illegal entry is more advantageous than legal entry for operational security reasons.”

And one has to ask what kind of message this trial and conviction sends to the thousands of dedicated local and state police, and federal agents from the CIA, FBI and DHS who risk danger every day to ensure our safety.  It’s not as if the two agents prosecuted in this case have bad records.  They are good agents with no disciplinary history.  In fact, Agent Ramos was nominated for Border Patrol Agent of the year in 2005.  Instead, he sits in jail while the illegal drug runner is suing the U.S. Government for millions.  

Prior to their trial last March, the agents were each offered, and declined, a one-year plea deal. Had they accepted, they would be out of jail today with time served.  But that is not the point, because although the plea carried less time, it was still recognition that their actions were criminal.  And that is the real travesty here.

And now a new furor has erupted over the recent beating of Agent Ramos in prison at the hand of other inmates.  Investigations are being requested, questions are being asked about the type of protection, or lack thereof, that was afforded this former federal agent in prison, and some are calling for the resignation of the warden of the federal facility in Mississippi. 

Questions do need to be asked about the beating.  But that should not cloud the real question that needs to be asked here. And that question is when will Agents Ramos and Compean be freed to return to their families and have their conviction wiped clean?  Their only guilt is that of doing their job defending our country.

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Bernard B. Kerik, Chairman & CEO of The Kerik Group