Transit Officials Worried by INS Bus Boardings : Immigration: For more than a year, Border Patrol agents have been looking for illegal immigrants on an Orange County line. But the inspections have increased lately, and OCTA executives say safety may be compromised.

Orange County transportation officials have complained to federal authorities about the way immigration agents are randomly boarding public transit buses to question passengers about their citizenship.

For more than a year, the U.S. Border Patrol has been inspecting northbound buses, primarily in south Orange County, to request immigration papers from riders they suspect have entered the country illegally.

But the inspections have increased in recent weeks. And this month, agents boarded a bus in Santa Ana without alerting the Orange County Transportation Authority.

In response, the transit agency’s chief executive officer, Stan Oftelie, told the Border Patrol that although the practice may be legal, he is concerned about “the safety of OCTA passengers, bus drivers and the motoring public with which we share the roadways.”

OCTA administrator Monte Ward said: “People might try to exit the bus through the back doors, or while it’s in traffic, or there might be an altercation on the bus.”

Ward said agents had promised to notify OCTA officials before boarding county buses north of the Laguna Hills transportation center, a common stopping place for illegal immigrants.

Agent Charles Geer, who supervises the Border Patrol’s San Clemente checkpoint, said his agents had no time to perform the “courtesy” of advising transportation officials before the boarding this month. He said agents have the “statutory authority” to board public transportation vehicles.

“My people were there, they felt there were some aliens in that area and that’s where they went,” he said.

Transit officials said the boardings have not led to any mishaps so far. But Border Patrol chases have resulted in a number of deaths and injuries to suspected illegal immigrants and bystanders. A Border Patrol pursuit in Temecula last year ended tragically when a driver of a van fleeing agents sped through a red light and crashed in front of a high school, killing six people.

Controversy over the Border Patrol’s practice dates back at least to 1986. Harold Ezell, at that time western regional commissioner for the Immigration and Naturalization Service, assured the transit officials that agents would not randomly stop the buses, but only search them in “hot pursuit” of suspected illegal immigrants.

The inspections were infrequent until about a year ago. At that time, transit officials met with Border Patrol representatives to discuss safety concerns. Agents assured transit authority officials that they would take precautions--no buses would be stopped in the middle of the street, for example.

Harry Simon, an attorney for the Legal Aid Society of Orange County, said that demanding identification constitutes unlawful search and seizure unless people consent to provide the information.

“If someone seems extremely nervous, that could be cause to believe a person’s here illegally,” Simon said, and agents could take the person into custody. “But I’m not sure that should be enough.”

In the past six weeks, the Border Patrol has boarded eight to 10 buses at Orange County stops, transit authority spokeswoman Elaine Beno said.

Officers usually ask certain riders for their legal papers, Border Patrol spokesman Steve Kean said. “They look for the telltale signs of illegal immigrants. . . . Usually it’s based on the person’s overall presence, their reaction to uniformed officers on the bus . . . dirt around the bottom of the pants typical to the border region.”

Some bus passengers on Thursday expressed concerns about potential hazards.

“If people run across busy highways to get here, you’d expect them to climb out the windows to get away from officers,” said Kevin Snider, a Saddleback College student.

Gary Reder, a driver on the Laguna Hills-to-Santa Ana bus line, said most drivers do not mind the agents coming on board, and he does not believe that it is particularly dangerous.

“It’s effective in reducing ridership, though,” said Reder, 46, as he drove through Tustin. “For Hispanic people that are here illegally, it’s probably their worst nightmare.”

Officials said that checking bus passengers is not an everyday occurrence, but rather something the Border Patrol does when it has more than enough agents to staff the San Clemente checkpoint.

Border Patrol officials said agents board buses after receiving complaints from citizens who see people they believe to be illegal immigrants on certain bus lines.

If agents find a suspected illegal immigrant, they question the person sitting in the next seat regardless of their appearance because “typically they travel together--or very, very far apart,” spokesman Kean said.

Suspected illegal immigrants who say they are permanent residents must by law produce their green cards to immigration officials. If they maintain they are citizens, they are free to deny agents their documents.

But agents then question suspects about their life in this country--such as when they graduated from school and where they live--and shaky answers can be enough for officers to detain people, Kean said.

Ron Rogers, spokesman for the INS in Laguna Niguel, said agents “could probably take 100 people from Santa Ana, and let’s say five of them are illegal, and I bet that Border Patrol agents, through their experience, could pick out those five.”