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,"