Skepticism Persists Among Aliens on Eve of Amnesty Law : Ezell Wants to See Concrete Barrier Erected in Border Stretch Frequented by Smugglers

On the day after a baby died and 18 people were injured while fleeing Border Patrol agents, the regional commissioner for the Immigration and Naturalization Service called for the construction of a concrete barrier to keep vehicles from crossing the border illegally.

Harold Ezell said Wednesday that the INS has been the studying the possible construction of a 5 3/4-mile divider west from the border crossing at Otay Mesa. Ezell conceded, however, that no money is budgeted for such a barrier, and that he was unable to speculate on when one might be built.

“I hope it’s by the end of the year,” he said.

That stretch of border--marked in segments of downed and rusting fence--is used by smugglers to drive illegal aliens into the United States, the Border Patrol says.

Ezell and Dale Cozart, Border Patrol chief for the area, took reporters to an isolated stretch of border where authorities say that vehicles--sometimes in caravans of up to seven--frequently cross over from Mexico.

Border Patrol agents pointed out a 20-foot section of the fallen cable fence with tire tracks running across it. They believe that is where the van carrying the illegal aliens involved in Tuesday’s accident crossed.

“We will be going forward with our plans to put some kind of buffer or freeway obstacle that vehicles can’t jump at will over these cables,” Ezell said. “It’s difficult enough to track the foot traffic but it’s more difficult when you have to track vehicle traffic.”

Ezell said INS officials have been studying ways to set some kind of barrier for the last two months but the accident Tuesday has prompted the agency to expedite its efforts.

Cozart said the Border Patrol would like a concrete barrier about 36 inches high and about as wide as a freeway divider.

Both Ezell and Cozart declined to say how much such a barrier would cost. “We’re not going to be building any Great Wall,” Cozart said.

Ezell called on San Diego County and the City of San Diego to consider taking part in such a project to help relieve the financial burden on the federal government. County and city officials have indicated that they are financially strapped and are unlikely to offer money for additional projects.

Ezell said such a barrier would also have to be discussed with the Mexican government. “We need their understanding,” he said.

In a related development, the California Highway Patrol announced that it had arrested Raul Garcia Aldaco, 19, of Durango, Mexico, on suspicion of felony manslaughter in connection with Tuesday’s crash. He was booked at County Jail downtown. CHP spokesman Lloyd Needham said Aldaco was arrested Wednesday after he checked out of UC San Diego Medical Center, where he spent Tuesday night after being treated for minor injuries suffered in the crash.

Also, the U.S. attorney’s office filed criminal complaints against Aldaco and Jose Aguilar Farias, also 19, charging them with conspiring to smuggle 27 illegal aliens into the United States. Farias is being held at the Metropolitan Correctional Center.

Kevin McInerney, chief of the U.S. attorney’s criminal complaint unit, said Farias brought the passengers from a meeting place in Tijuana to the border, where he allegedly was supposed to meet Aldaco.

The destination of the trip was Los Angeles, where the illegal aliens were supposed to pay a smuggling fee of $350, McInerney said.

Based on interviews with Farias, McInerney said, the alleged smuggler said he was afraid to drive across and asked Aldaco to drive for him. McInerney said Aldaco allegedly told Farias that he had recently been arrested for alien smuggling. He added that, based on interviews, the van involved in Tuesday’s crash on California 117 was the same one that had been involved in a high-speed chase along the same highway Sunday.

Border Patrol authorities indicated that agents spotted a similar van going back into Tijuana after entering the country.

When the van crossed Tuesday morning, Border Patrol agents pursued it for a short distance. Farias allegedly told authorities that he told Aldaco to pull over but that Aldaco replied that “he was going to try to get away and return to Tijuana.”

Aldaco attempted to make a U-turn and the van rolled over.

Ezell defended the actions of Border Patrol agents during high-speed chases and pursuits, blaming the accidents on the drivers who attempt to elude INS and Border Patrol agents. “We have no plans to do anything different than what we are doing now,” Ezell said.

Cozart added: “That accident was the direct result of that driver.”

Aldaco was traveling about 45 m.p.h. when he crashed.