Bill Would Help Shield Border Patrol’s Dogs : Legislation: Rep. Gallegly’s proposal would OK fines or imprisonment for anyone trying to harm one of the canines.

Rep. Elton Gallegly, who takes pride in his efforts to crack down on illegal immigration, has a new pet border issue: getting tough on anyone who tries to kill or harS. Border Patrol dogs.

Gallegly, a Simi Valley Republican, said he introduced legislation to protect the tracking dogs last month at the behest of the Border Patrol.

Border Patrol officials have been concerned about the safety of their 147 tracking dogs since agents in Del Rio, Tex., found one of their drug-sniffing dogs dead in June. Officials said they suspect that the dog, named Duc, had been poisoned by drug smugglers.

“These animals play a vital role in tracking and apprehending drug smugglers and illegal aliens, and I was shocked that these animals could be killed with impunity by criminals,” Gallegly said. “Both for humane reasons and because we have invested so much in their training, I believe we must do what we can to protect them.”

Gallegly’s bill authorizes fines or imprisonment for killing or harming, or attempting to kill or harm, dogs used by Border Patrol agents. He points out that there is no law specifically protecting the dogs.

Gerald Tisdale, director of the Border Patrol’s National Canine Facility in El Paso, said the dogs have been struck, kicked and doused by chemicals in the line of duty. He said he was told by U. S. drug intelligence sources that drug smugglers have placed a bounty on some tracking dogs.

But he said the Border Patrol, an agency of the Immigration and Naturalization Service, did not seek congressional help until the discovery of Duc’s body.

“That’s the (case) that prompted me to say enough is enough, let’s do something,” Tisdale said. “I took . . . that as the straw that broke the camel’s back.”

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The main purpose of Gallegly’s bill is to protect dogs stationed at border checkpoints, where agents use them to detect smuggled drugs and people in vehicles. But Gallegly said it would also protect horses and any other animals used by federal officers.

Border Patrol officials said there are state laws protecting dogs used by state and local law enforcement authorities. The only current protection for federal dogs is the possible application of statutes banning the destruction of government property in the event an animal is killed, Border Patrol officials said.

The bill has become yet another bone of contention in the long-simmering debate over immigration issues. Human rights advocates say they view Gallegly’s latest bill as a form of “piling on” at a time when immigrants’ rights are under attack.

“I’m a little surprised that legislation would be necessary to protect dogs when we can’t get a bill passed to protect immigrants,” said Roberto Martinez, director of the U. S. Mexico Border Project for the American Friends Service Committee in San Diego, a group that monitors and documents human and civil rights along the U. S.-Mexico border.

“There’s just such so much legislation targeting immigrants, denying basic human services like education, health and other public services, which are basically human rights . . . and here (Gallegly) is introducing legislation to protect dogs. It’s just offensive and absurd that he would even do such a thing.”

Gallegly, however, said he sees no connection between the two issues.

“Immigration rights has nothing to do with whether you support killing an animal or not,” he said. “I can’t see the parallel between protecting an animal . . . and what my position is on the immigration issue.

“I oppose providing incentives to anyone who has illegally entered this country and I oppose continuing to provide those incentives,” Gallegly said.

His dog-protection bill has been referred to the House Judiciary Committee and is pending before the Crime and Criminal Justice subcommittee.

“We have no plans, positive or negative, for that bill right now,” a subcommittee source said.