HomeMy WebLinkAbout2007-02-27 - AGENDA REPORTS - FED LEGISLATION HR 563 (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS City Manager Approval:
Item to be presented by: Mayor Pro Tem
DATE: February 27, 2007
SUBJECT: FEDERAL LEGISLATION: H.R. 563
DEPARTMENT: City Manager's Office
RECOMMENDED ACTION
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City Council provide direction regarding House Resolution 563 and, if appropriate, transmit
statements of position to U.S. Representative Duncan Hunter, U.S. Representative Howard P.
"Buck" McKeon, U.S. Senator Dianne Feinstein, U.S. Senator Barbara Boxer, and President
George W. Bush.
BACKGROUND
This item is brought to the City Council at the request of Mayor Pro Tem Bob Kellar from the
City Council meeting of February 13, 2007. On January 18, 2007, U.S. Representative Duncan
Hunter (R -52 -CA) introduced House Resolution 563, the "Congressional Pardon for Border
Patrol Agents Ramos and Compean Act." This measure would vacate the convictions and
federal prison sentences of two former United States Border Patrol Agents, Ignacio Ramos and
Jose Compean. It would further preclude criminal prosecution or other proceedings against the
two former agents as a result of the actions they undertook with the specific case of Osvaldo
Aldrete-Davila. Santa Clarita's Representative in Congress, Howard P. "Buck" McKeon, is one
of 82 bi-partisan co-sponsors of the measure.
This bill arises from Mr. Hunter's belief that the convictions of former U.S. Border Patrol Agents
Ignacio Ramos and Jose Compean are unjust, as they were fulfilling their responsibilities as
Border Patrol Agents in the case against drug smuggler Osvaldo Aldrete-Davila on
February 17, 2005 in Fabens, Texas. Fabens is a community located about 40 miles southeast of
El Paso, Texas along the United States border with Mexico. Congressman Hunter believes that
the lack of clarity in the rules of engagement between individuals illegally crossing the
international border and the Border Patrol contributed to an erroneous conviction.
APPROVED
On February 17, 2005, Border Patrol agents Ramos and Compean encountered a suspected drug
smuggler, who had crossed the international border illegally. The suspect fled his van, which was
later discovered to contain over 800 pounds of marijuana, and attempted to recross the
international border from the United States back into Mexico. According to testimony at trial,
the agents believed that the suspect was armed and fired shots at the suspect, hitting him once,
though the agents did not know that they had actually wounded the suspect. The suspect
successfully fled into Mexico. In the subsequent paperwork that was completed, references were
made to the drugs recovered at the scene but no mention was made of the discharge of the agents'
weapons. The agents claim they failed to include weapons discharge information as they did not
then know that the suspect had been wounded and that superior officers on the scene had
recommended that no paperwork be filed on the weapons discharge since no one was believed to
have been wounded.
The U.S. Attorney's office filed charges against the agents, citing among other things that pursuit
of fleeing suspects is not allowed under Border Patrol regulations. The two agents were tried in a
Texas court and a jury convicted the two agents on charges of assault with serious bodily injury,
assault with a deadly weapon, and discharge of a firearm in relation to a crime of violence.
Proponents of H.R. 563 argue that discharge of a weapon in the pursuit of a fleeing suspect and
when the suspect is believed to be armed is a legitimate part of a Border Patrol agent's job. The
agents were also convicted of obstruction of justice for not reporting that their weapons had been
fired during the pursuit. Under federal sentencing laws, conviction for the discharge of a weapon
in relation to a crime of violence requires a minimum 10 year federal prison sentence. Former
agent Compean received an 11 year sentence and former agent Ramos received 12 years in
federal prison.
Congressman Hunter believes that the men were unfairly prosecuted and convicted for
performance of their jobs. While certain procedural requirements may not have been followed,
Mr. Hunter argues that this case requires a review of those procedures to provide for appropriate
levels of border security. He further contends that violations of the procedures do not rise to the
level of sentencing received by the former agents, which is in excess of sentences for lesser
crimes. The Congressman is also concerned that the smuggler was granted full immunity to
testify against the agents, received complete medical care at the William Beaumont Army
Medical Center in El Paso, Texas and is now suing the United States government for $5 million
for violating his civil rights. Congressman Hunter believes that this case demonstrates
significant weaknesses in the United States war on terrorism and the ability of the federal
government to secure the borders. The convictions of these two agents "demoralizes our nation's
Border Patrol and sends a clear message that we are not serious about protecting our borders and
enforcing immigration laws," said Congressman Hunter in a prepared statement on
January 18, 2007.
ALTERNATIVE ACTIONS
1. City Council take a formal position supporting or opposing H.R. 563.
2. City Council take no position on H.R. 563.
3. Other action as determined by the City Council.
FISCAL IMPACT
All actions required for implementation of an action by the City Council are contained within the
City's approved budget for FY 06/07.
ATTACHMENTS
House Resolution 563
I
110CONGRESS
15 H• R• 563
1ST SESSION
To vacate further proceedings in the prosecution of certain named persons.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 18, 2007
Mr. HUNTER (for himself, Mr. POE, Mr. JONES of North Carolina, Mr.
TANCREDO, Mr. RoHRABACHER, Mr. GOODE, Mr. BURTON of Indiana,
Mrs. MUSGRAVE, Mr. ROYCE, Mr. DUNCAN, Mr. BARTLETT of Maryland,
Mr. HERGER, Mr. COLE of Oklahoma, Mr. BARRETT of South Carolina,
Mr. CARTER, Mr. PORTER, Mr. MCCOTTER, Mr. BURGESS, Mr. GER -
LAM, Mr. MICA, Mr. SAXTON, Mr. DAVIS of Kentucky, Mr. SESSIONS,
Mr. CANTOR, Mr, HOBSON, Mr. LAHOOD, Mr. WALSH of New York, Mr.
TERRY, Ms. Foxx, Mr. HASTINGS of Washington, Mr. WELDON of Flor-
ida, Mr. BISHOP of Utah, Mr. KIRK, Mr. ROGERS of Alabama, Mrs.
MYRICK, Mr. STEARNS, Mr. RENZI, Mr. BONNER, Mr. BAKER, Mr. PE-
TERSON of Pennsylvania, Mr. EVERETT, Mr, CANNON, Mrs. CUBIN, Mr.
SHADEGG, Mr. SHIMKUS, Mr. COBLE, Mr. ENGLISH of Pennsylvania, Mr.
GILCHREST, Mr. HAYES, Mr. LEwIs of Kentucky, Mr. ROGERS of Ken-
tucky, Mr. DAVID DAVIS of Tennessee, Mr. PEARCE, Mr. GINGREY, Mr.
GARY G. MILLER of California, Mr. LOBIONDo, Mr. TIBERI, Mr.
WHITFIELD, Mr. LATOURETTE, Mr. YOUNG of Florida, Mrs.
BLACKBURN, Mr. PITTS, Mr. SMITH of New Jersey, Mr. SULLIVAN, Mr.
MANZULLO, Mr. MCHUGH, Mr. WILSON of South Carolina, Mr.
MCKEON, Mr. AKIN, Mr. KINGSTON, and Mr. TIAIIRT) introduced the
following bill; which was referred to the Committee on the Judiciary, and
in addition to the Committee on Homeland Security, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To vacate further proceedings in the prosecution of certain
named persons.
X;
Whereas the conviction and sentencing of United States Bor-
der Patrol Agents Ignacio Ramos and Jose Compean for
the pursuit and shooting of drug smuggler Osvaldo
Aldrete-Davila which is the subject of a Federal criminal
case in the United States District Court for the Western
District of Texas represents an extreme injustice: Now,
therefore,
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Congressional Pardon
5 for Border Patrol Agents Ramos and Compean Act".
6 SEC. 2. ORDER.
7 It is hereby ordered that the conviction and sentences
8 of Border Patrol Agents Ignacio Ramos and Jose
9 Compean are vacated. The release of the defendants from
10 the custody of the Government is hereby ordered, with
11 prejudice. No further criminal prosecution or other pro -
12 ceeding against these named individuals with respect to
13 the circumstances giving rise to the convictions and sen -
14 tences vacated by this Act shall take place.
15 SEC. S. SENSE OF CONGRESS.
16 It is the sense of Congress that the Department of
17 Homeland Security review the rules of engagement pres-
18 ently utilized by the United States Border Patrol.
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