In Re Manuel P.

I believe Welfare and Institutions Code section 738 does not authorize San Diego County to negotiate and implement an agreement with the juvenile court of Tijuana, Mexico, relating to juvenile court dispositional orders which involve Mexican nationals. I also conclude the Border Youth Project as implemented here violated Manuel’s rights of due process. I reach these conclusions even though the Border Youth Project undoubtedly reflects the conscientious efforts of local governments to resolve the problem of border crime and may actually be a salutary alternative to juvenile court dispositions.

Under our form of government there are times when courts must declare governmental action unconstitutional—even action perceived to be benign. I am satisfied that this is such a time. What occurred to Manuel here and what can occur to similarly situated Mexican juveniles is contrary to our basic notions of federalism and the requirements of due process of law. The majority’s holding sanctioning governmental units large and small throughout this state and the United States to negotiate with their counterparts in foreign countries for the disposition of juvenile offenders ignores…

In this case the San Diego Juvenile Court, pursuant to power provided by Welfare and Institutions Code section 738 1 and procedures developed in cooperation with among other entities the federal government, *53 ordered custody of a juvenile offender transferred to juvenile court officials in Mexico where the youth resides. On appeal we find the statute and procedures do not infringe upon federal prerogatives over immigration and foreign relations or the juvenile’s constitutional rights.

Background

Manuel P.

Appellant Manuel P. is an undocumented Mexican national who was first certified to the San Diego Juvenile Court on February 24, 1987, for his part in stealing two bicycles. According to the probation report, Manuel and a companion used the bicycles for transportation and proceeded to burglarize residences. Manuel told the probation department his companion instigated the offenses. He had never before crossed into the United States illegally. Manuel explained that at the time of the offenses he was desperate, hungry and cold. All he wanted was to return home to Mexico. Following admission of one count of burglary, Manuel was declared a ward of the court and ordered…

In this case the San Diego Juvenile Court, pursuant to power provided by Welfare and Institutions Code section 738 [1] and procedures developed in cooperation with among other entities the federal government, ordered custody of a juvenile offender transferred to juvenile court officials in Mexico where the youth resides. On appeal we find the statute and procedures do not infringe upon federal prerogatives over immigration and foreign relations or the juvenile's constitutional rights. [2]

Appellant Manuel P. is an undocumented Mexican national who was first certified to the San Diego Juvenile Court on February 24, 1987, for his part in stealing two bicycles. According to the probation report, Manuel and a companion used the bicycles for transportation and proceeded to burglarize residences. Manuel told the probation department his companion instigated the offenses. He had never before crossed into the United States illegally. Manuel explained that at the time of the offenses he was desperate, hungry and cold. All he wanted was to return home to Mexico. Following admission of one count of burglary, Manuel was declared a ward of the court and ordered not to…