Talks planned to allow Border Patrol on ranch

"The Border Patrol will be reaching out to the rancher owners to discuss alternatives so we can reinstitute our ability to get on the ranch and do our duty," said Tomas Zuniga, spokesman for the Border Patrol's regional headquarters in Dallas.

Friday, the 13-member John G. and Marie Stella Kenedy Memorial Foundation, which controls about half of the sprawling ranch in Kenedy County, revoked Border Patrol access to the ranch as a "human rights" issue because of accidents that injured two undocumented immigrants this year.

"The board's action rescinds an agreement for access to the ranch with the Border Patrol because of the past history of accidents that have injured illegal immigrants," said Richard Leshin, a Corpus Christi attorney representing the foundation.

"Federal law gives federal agents the right to enter any property within 25 miles of the U.S. border, and the government has informed us they consider the Gulf of Mexico the border," Mr. Leshin said. "The board is concerned that the government could seize the property if the Border Patrol isn't allowed entry.

"We are simply removing our authorization because of the past history of injury to illegal immigrants. If federal officers want to enter the ranch under that law, we won't stop them."

Immigration-rights advocates lauded the foundation's move as an example of how South Texas ranchers can help stop the abuse of immigrants.

"This is a good decision by the foundation. It sets a good example," said Jonathan Jones, coordinator for Proyecto Libertad, a Harlingen-based immigrant advocacy organization. "The Border Patrol has had way too much power for too long. And too many people are being mistreated."

On March 2, while chasing about 25 undocumented immigrants, Border Patrol agents ran over Victor Manuel, breaking his arm. In their official report, agents said they never saw Mr. Manuel because it was dark and he was hiding in tall grass.

Five days later, Border Patrol agents pursuing suspected undocumented immigrants ran over Armando Leal, who lay in hiding. Mr. Leal was hospitalized in Corpus Christi with major injuries to his back and pelvic area.

Officials at the Border Patrol's McAllen sector, which controls the Sarita checkpoint, declined to discuss the foundation's actions, saying that sector Chief Joe Garza would have specifics on negotiations with the foundation later in the week.

"The question of access is a legal question I can't answer," Mr. Zuniga said. "We'd prefer to reach accord with the ranch owners."

Not everyone agrees with the foundation's actions.

"I don't like the idea that it may cause more illegals to come through the region," said Willacy County Sheriff Larry Spence.

"I can understand if a rancher doesn't want everyone having the keys to your gate," he said. "But it's a bad situation down here. We've got people coming through tearing up property, stealing cars and breaking down gates. Some ranchers are ready to just pick up and leave."

Kenedy County Sheriff Rafael Cuellar agreed.

"This will just make it worse," he said. "It will be particularly important to have the Border Patrol out there once summer gets here and the illegals start dying from the heat and thirst."

Last year, 10 undocumented immigrants died of exposure in Kenedy County, Sheriff Cuellar said.

According to Border Patrol data, apprehensions in the McAllen sector have decreased with the advent of Operation Rio Grande, a program of heightened law enforcement launched in 1998.

In 1999, there were 169,151 apprehensions in the McAllen sector, compared with 184,024 the previous year, Mr. Zuniga of the Border Patrol said.

"Compared to the 243,793 apprehensions in the sector in 1997, before Operation Rio Grande, it looks like the operation has been a major success," he said.

This isn't the first time the Border Patrol has become persona non grata at the ranch.

The foundation had banned the Border Patrol from the ranch four years ago because of fires and other damage it said were caused by Border Patrol vehicles, Mr. Leshin said.

In September, after federal authorities warned that the foundation's holdings could be seized if agents weren't permitted back on the ranch, the foundation agreed to allow federal agents in if the Border Patrol would provide notice before pursuing immigrants off the ranch's paved roads.