Border Patrol agent sentenced to two years in jail for lifting an illegal immigrant’s hands above his head during a drug bust

  Both the Democrats and the Republicans claim that they want to crack down on illegal immigration, but the truth is that each party has its own reasons for keeping the illegal immigration train rolling and neither side is serious about cracking down on the problem. Border Patrol Agents are caught in the middle; they try to do their jobs arresting people who enter the country illegally and under both Republican and Democrat administrations they face criminal charges for doing the job they were hired to do.

 In 2007, under President Bush, Border Patrol Agents Ramos and Campean were sentenced to jail for shooting an illegal immigrant in the ass during an attempted arrest of the criminal. They languished in jail for two years before President Bush finally commuted their sentences. Mind you, these two agents were never pardoned for trying to do their jobs. The most troubling part of this story is the fact that the illegal immigrant who was shot was granted immunity in return for his testimony against the Border Patrol Agents.

  Fast forward to today:

  A Border Patrol Agent, Jesus E. Diaz Jr., was sentenced to two years in jail. His crime? He lifted the hands of a 15 year old handcuffed illegal alien’s above his head while he was handcuffed. The “Justice” Department said this was a violation of the illegal immigrants constitutional rights. Once again the suspect was granted immunity to testify against the agent.

A U.S. Border Patrol agent has been sentenced to two years in prison for improperly lifting the arms of a 15-year-old drug smuggling suspect while handcuffed — in what the Justice Department called a deprivation of the teenager’s constitutional right to be free from the use of unreasonable force.

Agent Jesus E. Diaz Jr. was named in a November 2009 federal grand jury indictment with deprivation of rights under color of law during an October 2008 arrest near the Rio Grande in Eagle Pass, Texas, in response to a report that illegal immigrants had crossed the river with bundles of drugs.

In a prosecution sought by the Mexican government and obtained after the suspected smuggler was given immunity to testify against the agent, Diaz was sentenced last week by U.S. District Judge Alia Moses Ludlum in San Antonio. The Mexican consulate in Eagle Pass had filed a formal written complaint just hours after the arrest, alleging that the teenager had been beaten.

  He was allegedly beaten, yet there were no bruises on his body consistent with abuse and 150 pounds of pot were recovered at the crime scene. On top of that the maneuver used by Jesus Diaz was an acceptable and common maneuver used by the police on a regular basis when a suspect is resisting arrest.

The defense claimed that the smuggling suspect was handcuffed because he was uncooperative and resisted arrest, and that the agent had lifted his arms to force him to the ground — a near-universal police technique — while the other agents looked for the drugs

  Border Patrol Agents are engaged in what amounts to a war at our southern border, fighting a battle against drug and weapons trafficking (and many of those weapons were given to the criminals by the United States government under Operation Fast and Furious) and you would think that these people could count on the federal government to defend them against the criminals, but sadly that is not the case. Jesus E. Diaz Jr. is now rotting in jail for committing the crime of trying to protect the southern border of the United States and I find it highly unlikely that he can count on Barack Obama to pardon him for his “crime.”

  This serves notice to all Border Patrol Agents and to all Americans that the federal government is not serious about the problem of illegal immigration and this will likely put all of our agents on their heels in the fight against illegal immigration. This story is obscene on its face and I find it quite telling that in today’s United States of America the government feels it must protect the constitutional rights of people who come to this country illegally, yet have no problem with the TSA violating the fourth amendment rights of United States citizens at airports across the country on a daily basis when they grope them without probably cause.

  The United States government is actively prosecuting the people who are trying to uphold the law while simultaneously granting immunity to those that break it.

  For more on this story please read what Bunkerville and TexasFred have written about this travesty of justice.