Humanitarian, but questionable

Those of us who live near the U.S.-Mexico border are used to seeing bizarre things - but not this bizarre. Law enforcement agencies don't typically help those who break the law.

But that's what happened last week when three San Diego-area high school students in the country illegally had deported to Mexico were given "humanitarian parole" and allowed to rejoin their families in the United States. The Border Patrol notified lawyers handling the cases that the three would be allowed to return and given a court date before an immigration judge.

This doesn't happen. Border Patrol is in the export business, not the import business.

"Upon further review of the totality of the circumstances surrounding the juveniles in this case - to include the best interests of the three juveniles, the families and the United States - they were paroled into the country," said Mike Fisher, chief Border Patrol agent for the San Diego sector.

That's no acknowledgment that mistakes were made. But someone bungled this operation. Why else would the Border Patrol let the students back into the country other than to right a wrong?

It's obvious the agents who arrested, processed and deported the students - two boys and a girl - violated the agency's own policy of how to handle minors. I've spoken to a number of U.S. government officials, Mexican government officials, and immigration lawyers. They all tell me there is an established procedure for what immigration officials are supposed to do with underage illegal immigrants.

The story begins on May 20 when officials with the Transportation Security Administration - joined by Border Patrol agents and local transit officers - were conducting a training exercise at a trolley station in San Diego. Seeking illegal immigrants, the Border Patrol apprehended 21 people, including the three minors.

At the time of the arrests, the agents could have issued notices for the three to appear in court, then continue to detain them only until authorities could locate their parents or guardians. The Border Patrol was also supposed to contact the Mexican consulate. None of that happened in this case. I asked Fisher how the agency would make sure mistakes like this don't happen again.

""We're continuing training new supervisors and we recognize that, going forward, what we need to do to protect this country is make sure all policies and procedures are followed," he said.

The agency did the right thing in bringing the youths back to face a judge, but it has work to do in order to reform the way it handles minors.

Yet because the case involves something as emotional as reuniting children with their parents, common sense could go out the window with some on the left. Among those who favor open borders or lax immigration enforcement, you'll find plenty who believe the government shouldn't deport undocumented minors.

I won't go that far. My heart goes out to the families. But, as someone who supports immigration enforcement, I can't wrap my head around the idea that, while it is fine to enforce immigration laws for adults, we should ignore them for minors.

The issue in this case is not that young people were deported but how the Border Patrol went about doing it. Had the agency followed its own rules, this case might never have come to light. The Border Patrol would never have felt the urge to issue humanitarian parole. And three young people who shouldn't be in the United States in the first place would be spending the summer - and perhaps many more after that - in Mexico.

Some people think this story is about people's rights. It's really about responsibilities, including the obligation to enter the United States legally. Or at least to take steps to become legal once you get here. Otherwise you could find yourself at the mercy of a bureaucracy. Not a good place to be.

© 2009, The San Diego Union-Tribune