The Tucson Citizen
January 12, 2004

Smugglers' rides will be crunched

900 vehicles seized from people traffickers

GABRIELA RICO

More than 900 vehicles used to transport illegal immigrants have been seized by Border Patrol agents and soon may be destroyed.
This "reinvigoration of the law" that allows for the seizure of these vehicles is part of a new effort to take "smuggling tools" off Arizona's roads.

"Every single one of these vehicles is the tool of the trade for smugglers. They're being crippled," said David S. BeMiller, one of three asset/forfeiture agents of the Tucson sector of the Border Patrol.

Later this month, Border Patrol officials will begin ordering that the forfeited vehicles be crushed in order to keep them from showing up again, he said.

The sea of vehicles sits in a Nogales towing yard, and each will be inspected for drugs and explosives before demolition.

Since the new focus on vehicle seizures was begun Oct. 1, 929 cars, trucks and vans stopped with illegal immigrant passengers have been seized. During the last three months of 2002, agents seized 29 vehicles, BeMiller said.

The recent operation has netted everything from $200 cars to $60,000 sport utility vehicles.
 
BeMiller placed the total value of the vehicles at more than $2.6 million. Agents also seized $20,557 in cash.

"It is a national security issue when we have people bringing undocumented people into this country without knowing what their intentions are," he said.

After a vehicle is in the custody of the Border Patrol, the registered owner is notified by mail and has three options to try to get it back, BeMiller said.

The owner may ask for an interview with an asset/forfeiture agent, make a written request to the agent or ask a federal judge to review the seizure and make a decision.

Most people choose to be interviewed, and most tell a familiar story to BeMiller.

"The majority of people say, 'I wasn't involved, I lent it to a friend,' " he said. "But my response is, 'It's your responsibility. That vehicle belongs to you.' "

Then there are the outlandish excuses, BeMiller said.

"I've had people tell me they fell asleep at a party, and someone drove off with their car," he said. "Sometimes I just look at them and think, 'How can you even say that to me?' "

And most of those who admit giving illegal immigrants a ride tell BeMiller simply that they "felt bad for them."

After hearing from the vehicle owner and comparing his or her statement - most commonly supported with a stolen-car police report dated before the smuggling incident - to the original complaint, agents can return the vehicle free and clear.

An owner also may regain a vehicle by paying fines and penalties.

But the agent also can refuse to return it, ordering its forfeiture.

"I do get to see that the smugglers are struggling," BeMiller said. "When you see the smuggler squirming, you know you've had an effect."