U.S. AND MEXICO AGREE ON SHIFT IN DRUG TRIALS

NOGALES, Ariz. -- In a break with a longstanding drug enforcement
practice, the authorities in the United States and Mexico have agreed
to have some Mexicans caught smuggling drugs into the United States
returned to Mexico for prosecution.

Last weekend, for the first time, a suspected marijuana smuggler,
found at the border with 44 pounds of the drug hidden in his car, was
turned over to Mexican prosecutors. He could be prosecuted under
Mexican law for felony export violations and other charges.

The new approach is a step toward resolving a nettlesome problem at
the border: very often, Mexicans caught smuggling drugs do not face
prosecution in the United States for that crime.

The reasons vary, but federal prosecutors here and across the
Southwest have often rejected cases involving relatively small
amounts of drugs, usually less than 500 pounds of marijuana, because
of the large volume of those cases and limited resources to handle
them. In recent years, prosecutions for immigration violations have
surged while drug prosecutions have declined.

Under the new arrangement, agreed upon several weeks ago, the
authorities in the United States said they would closely monitor the
cases referred to Mexico.

The justice system in Mexico has been plagued by chronic problems,
including lost or uncollected evidence and accusations of police and
prosecutorial misconduct, incompetence and overcrowded prisons. But
the Mexican government, with the assistance of the United States, is
pushing through changes intended to make the Mexican justice system
more accountable.

Dennis Burke, the United States attorney in Arizona, described the
border agreement as a sign of "our effort to enhance cooperation
between the U.S. and Mexico on prosecuting drug trafficking cases."

The new approach is being tested on cases arising from the border
crossing here, the busiest in Arizona and a hotbed of drug smuggling.
If deemed a success, it may be expanded to other parts of the
2,000-mile Mexican border. The crossing here was chosen, officials
said, because its controlled setting makes it easier to prove to
Mexican prosecutors that any suspected smugglers crossed into the
United States with the contraband.

In the fiscal year ending last month, Immigration and Customs
Enforcement opened 646 drug smuggling cases arising from the Nogales
port of entry, though it was not clear how many were referred to prosecutors.

Referrals will be decided case by case, officials said.

The first referral, last weekend, involved Eleazar Gonzalez-Sanchez,
27, of Sonora, Mexico. He was detained, Customs and Border Protection
officers said, after they found the marijuana hidden in a compartment
in the trunk of the car he was driving.

Mr. Gonzalez-Sanchez was turned over to immigration agents, who,
after consulting with federal prosecutors in the United States,
informed Mexico's attorney general's office.

Mexican prosecutors reviewed the evidence, including sworn affidavits
from United States law enforcement officials, and agreed to accept
the case, taking custody of Mr. Gonzalez-Sanchez and a sample of the
marijuana for use in the prosecution.

Although Mr. Gonzalez-Sanchez's case is the kind prosecutors here
would have routinely rejected as too small, federal officials said
there was no longer a policy of automatically rejecting small cases.
Federal prosecutors in the United States would not say why they
declined to prosecute the case themselves, referring comment to the
immigration agency.

Matthew C. Allen, the special agent in charge of that agency in
Arizona, suggested it might have been difficult to gain a smuggling
conviction if prosecutors could not prove that Mr. Gonzalez-Sanchez
had knowingly transported the drugs with the intent to distribute them.

Though Mr. Gonzalez-Sanchez was not referred to local prosecutors,
the state and local authorities in Arizona have frequently turned
down cases rejected by federal prosecutors, complaining of dwindling
resources. The county attorney here, George Silva, said he had two
prosecutors assigned to drug cases whereas there was work for several.

As a result, suspected smugglers have often ended up being deported
without facing drug charges and "the consequences of that illegal
conduct," Mr. Allen said. "That's why it's important to have a tool like this."

In the fiscal year ending in October 2008, officers at Arizona's
border crossings seized close to 75,000 pounds of illicit narcotics,
with an estimated street value of more than $235 million. Marijuana
made up the bulk of the seizures, at 71,000 pounds.

Mr. Silva said that he welcomed the new cooperation with Mexico and
suggested that Mr. Gonzalez-Sanchez would probably not have faced
charges in Santa Cruz County, had the case been referred to him
instead of the Mexican authorities. He said that he doubted the
federal government would send big cases to Mexico, but that the
program could still make a difference.

"So many cases like this fall through the cracks and there is no
consequence," Mr. Silva said. "But we will wait and see how these
prosecutions take place. At least it's something, as opposed to nothing."