U.S. Border Control

Former Border Patrol Agents Ramos, Compean get coal from President Bush

December 30, 2008

What does a man convicted of conspiring to export a military aircraft to a foreign nation, a woman convicted of intending to distribute marijuana and man convicted of possessing methamphetamine with intent to distribute have in common?

They all received Christmas gifts in the form of a pardon or commutation from President George W. Bush as the outgoing Commander-in-chief pardoned 19 individuals and commuted one sentence just in time for the holiday season.

While it is not unusual for an outgoing president to use his executive power to pardon certain individuals, what is unusual is that Bush, despite heavy pressure from conservatives and liberals alike, has failed to include Ignacio Ramos, 37, and Jose Alonso Compean, 28; two border patrol agents who, in the pursuit of a drug smuggling illegal immigrant, landed themselves in a federal penitentiary facing prison sentences each exceeding a decade.

To supporters of the two agents their plight has become the symbol of government indifference, specifically that of the Bush administration, regarding the immigration debate. And the intensity surrounding the issue of the jailed agents has further increased since Bush pardoned John Allen Aregood a/k/a Johnny (Sonny) Aregood, a man convicted of conspiring to harbor and transport illegal aliens.

“The White House and the U.S. Department of Justice are stonewalling requests for a presidential pardon,” said Phyllis Schlafly, founder and president of Eagle Forum. “When the Bush Administration deigns to respond at all, the official line is that the Border Patrol agents got a fair trial.”

But fairness is the one element many supporters of Compean and Ramos believe has been lacking from the entire process.

Their troubles began on Feb. 15, 2005, when, while on duty, Compean spotted Osbaldo Aldrete-Davila, an illegal immigrant, behaving in a suspicious manner. It would later be discovered that Aldrete-Davila was attempting to smuggle 800 pounds of marijuana into the country.

Compean ordered Aldrete-Davila to stop, but a chase ensued.

Compean called for backup, which drew seven additional units, including Ramos. Upon arriving at the scene, Ramos heard gunfire and saw Compean struggling with Aldrete-Davila. Compean was bleeding on the ground and Ramos ordered Aldrete-Davila to stop, an order he disobeyed. Both agents feared for their lives, and when a shiny object was spotted in Mr. Aldrete-Davila’s hand, shots were fired, and the illegal immigrant was hit in the buttocks.

The two agents did not believe they actually hit Aldrete-Davila, so they did not report the incident.

Aldrete-Davila escaped that night, but Compean and Ramos were not as fortunate.The U.S. attorney charged the agents for shooting the narcotics-smuggling immigrant. Aldrete-Davila was given immunity for his testimony against the agents and the government even footed the bill to pay for his treatment.

Both agents were convicted, with Compean receiving a 12-year sentence and Ramos an 11-year sentence.

The case caused an eruption on the internet and U.S. Attorney Johnny Sutton, the attorney prosecuting the case, came under fire for what was considered a political prosecution.

“It was massively unfair to give immunity to an illegal alien narcotics trafficker while destroying the lives and families of two Border Patrol agents who risked their lives to stop him,” Schlafly said. “Ramos and Compean were convicted mainly on the testimony of the immunity-sheltered drug smuggler, whose integrity should have been called into question, but Ramos and Compean were forbidden to do that during the trial.”

While there is still time for Bush to address the plight of Compean and Ramos, the clock is ticking.

“This case is a test of George Bush’s character, compassion, and concern for drugs coming across our border. He can’t duck responsibility: the prosecutor, U.S. Attorney Johnny Sutton, and the judge, Kathleen Cardone, are both Bush appointees,” Schlafly said.