Doña Ana County DA Byers initiates agreement with US Border Patrol and US Attorney in securing prosecution efforts

May 18, 2024 I Las Cruces- Third Judicial District Attorney Gerald M. Byers announced today that his office has initiated an agreement between the US Border Patrol El Paso Sector and the Third Judicial District Attorney’s office. The agreement seeks to increase the safety and security of Doña Ana County through appropriate application of state charges for criminal activity encountered by US Border Patrol Agents. The United States Attorney’s office will prioritize and retain first right of refusal for all cases that are presented by the US Border Patrol. Cases that are not accepted for federal prosecution may be presented to the Third Judicial District Attorney’s office for consideration of appropriate state charges. This focused approach galvanizes efforts of all stakeholders to secure public safety, serve justice and equate the greatest overall benefit to the public.

This program will support local border communities to effectively target and address violent crime drivers in high crime neighborhoods through a coordinated cross-sector approach of apprehension and prosecution strategies. Crimes to be prioritized at the discretion of the District Attorney to include Vehicular Homicide, Accidents Involving death or of Personal Injuries, Aggravated fleeing a Law Enforcement Officer, escape from custody of Peace Officer, Aggravated Assault upon a Peace Officer, Breaking and Entering, Harboring a Felon, Extortion, Human Trafficking or an offense not listed but is considered a Serious Violent Offense per §33-2-34(L)(4).

This project aims to assist in identifying, verifying, and prioritizing case evidence, assessment of low, mid and violent crime drivers as part of a collaborative initiative with our law enforcement partners. The Texas-New Mexico and international Mexico border are the primary boundaries with efforts centering within Doña Ana County.

The border cities (Sunland Park, Santa Teresa and Anapra, New Mexico) are all located near the Border Barrier Wall. These communities have become one of the busiest most heavily trafficked areas for undocumented immigrants in the Southwest United States. Cases involving narcotics trafficking, human smuggling and assault crimes are increasing. The Third DA Border Prosecution team will coordinate with local law enforcement agencies and the US Border Patrol to encourage collaboration and effectuate results in reviewing cases and securing convictions.