Buy One Coyote, Get One Scapegoat Free
Last December, Border Patrol agent
James Paul Epling spotted five people illegally
crossing the U.S./Mexico border, near where the Colorado
River separates Arizona and California. He chased them,
on foot, for four miles.
Then Epling saw that one suspect, a
Chinese woman, was drowning as she attempted to cross
Customs and Border Protection (CBP)
Robert C. Bonner gave this description of what
Epling, with complete disregard for his personal safety,
entered the swift, cold waters of the Colorado River to
rescue the female alien. He…reached for the woman and
pulled her to the safety of the riverbank where another
agent waited to assist.`” [Border
patrol agent eulogized By Jerry Seper ,
Washington Times, December 24, 2003]
But then the current pulled him
into a 27-foot hole.
Border Patrol agents found Epling
three days later—drowned in the Colorado River.
The five illegal aliens were four
Chinese citizens and one Mexican national, a 22 yr-old
alien smuggler named Jose Antonio Vasquez-Villasenor.
Contrary to what many seem to
illegal entry into the United States is a crime.
But the offender is usually just deported.
When someone commits a felony that
causes an "accidental" death, such as arson of
the house they thought was empty, they can be charged
with murder. This is known as the
felony murder doctrine.
At the time, Michael Nicley, the
patrol agent in charge of the Yuma sector,
“`There has been a death
of a federal agent while he was responding to the
commission of a serious felony,` Nicley said. `So, there
are some options the FBI is considering.`“
Side note: At that time, Border Patrol didn`t know
that one in the party was a
coyote [alien smuggler]. By
“commission of a serious felony,” Nicley meant the
illegal entry of any alien. Th eBorder Patrol,
unlike other government agencies, considers
illegal entry into the U.S. a serious crime.
So can you guess what the
punishment is for
illegal entry which results in death of another person?
Answer: Pretty much nothing, unless
you`re a smuggler. Even then it`s only 57 months in
U.S. District Judge Napoleon Jones
sentenced Vasquez-Villasenor to 57 months in prison
for `immigrant smuggling resulting in a death.`
Three of the Chinese would-be immigrants were held in
the United States as
potential material witnesses to a crime.
Now don`t laugh at me, but I
thought they meant “material witnesses” against
each other, not the smuggler.
There must be a fine line between
optimism and ignorance. It never occurred to me that the
Chinese aliens would not be held equally, or more,
responsible for James Paul Epling`s death.
Yeah, not so much, methinks.
Then why is the blame, as piddling
as his penalty was, entirely with the smuggler?
Because United Nations protocol on
alien smuggling, and compliant American politicians,
want it that way.
The Protection Project, a legal-human rights
research institute based at the Johns Hopkins University
School of Advanced International Studies in Washington,
“Smuggling of aliens or
`illegal migrant smuggling` is defined by the
UN 2000 Protocol Against Smuggling of Migrants by Land,
Sea and Air, supplementing the UN Convention against
transnational Organized crime, to mean `the procurement,
in order to obtain, directly or indirectly, a financial
or other material benefit, of illegal entry of a person
into a state, party of which the person is not a
national or permanent resident.“ [Article 3 (a)].”
What this means is the smuggled
persons become the
`victims`—in a sense, hostages.
The Protection Project says `the
smuggled person is entitled to be treated with dignity`
details all the protections that we owe to smuggled
right to life and the right not to be subjected to
torture or other cruel, inhuman or degrading treatment
- `appropriate protection
against violence that may be inflicted upon them`;
- [we must] `facilitate and
accept, without undue or unreasonable delay, the
return of [a smuggled alien];
- [we must] `comply with its
obligations under the
Vienna Convention on Consular Relations, where
applicable, including that of informing the person
concerned without delay about the provision concerning
notification to and communication with consular
when the four Chinese aliens had hired a Mexican
national to smuggle them into the United States, they
promoted themselves `smuggled aliens` instead of
Unfortunately, immigration enthusiast politicians,
including our president, make the situation even worse.
They do that by painting the picture of the poor,
Case in point: in his recent
interview with Bill O`Reilly, President Bush
said "family values don`t stop at the border."
In other speeches he makes the same statement but
replaces border with
Rio Grande. While Governor of Texas he
Latinos come to the US to seek the same dreams that have
inspired millions of others: they want a better life for
What I hear Bush saying is this: We
can`t blame them for wanting a better life. We are the
land of opportunity and therefore a natural flame for
any foreign moth. We practically
lure them across the border. To restrict them in any
way would be uncivilized.
Raul Grijalva (D-Az), just finishing his first
Mecha Mission in Washington D.C., believes ,
according to the
San Francisco Chronicle, that "increased
policing is only a superficial solution to a complex
problem." He says that "These economic refugees
continue to run here because there`s a pull; they
continue to find work. The idea of feeding yourself and
your family is a hell of a motivator."
What this propagates is a justice
system that grants criminal immunity based on an
artificial victim status. The person who paid the
coyote`s fee is not guilty, because they were only
going to work illegally, the coyote is
guilty because he took a fee, not much money when you
compare it to the public charge likely to be incurred by
one illegal`s residence in the United States.
In this strange new world, illegal
immigration is apparently to be the mirror image of a
crime`—an offence that is excused by motive,
whereas `hate` exacerbates an offence.
After all, the desire for money and
sex is probably even stronger than the desire for `a
better life.` But does motive ever excuse bank
Umm, not so much.
James Epling`s wife was eight
months pregnant with their fourth child when the 24
year-old Border agent drowned.
The penalty for the Chinese
The U.N. protocol, with the connivance of
pro-immigration politicians, has focused law enforcement
on the smuggler.
Bryanna Bevens [email
her] is a political consultant and former chief of staff
for a member of the California State Assembly.