Anti-trafficking tool in question

PHOENIX — The future of a powerful tool against human traffickers remains in question as the peak season for immigrant smuggling approaches in America's busiest point for illegal entries.

For more than four years, state prosecutors in Arizona have gotten more than 20 special court orders that allowed them to seize $17 million in wire transfers that authorities said were payments to smugglers.

The approach was put on hold temporarily by a judge three months ago when Western Union, the biggest wire transfer company in Arizona, challenged the first effort by state prosecutors to stop the flow of smuggling money into the northern Mexican state of Sonora. Another ruling will be coming, though it's not known when or whether the judge will let the order stand as is, make prosecutors modify their approach to address concerns he may have, or do away with the seizure warrant altogether.

All prior seizure orders had targeted money coming from other American states into Arizona, where the peak smuggling season is expected to begin in mid-January.

Prosecutors said their efforts dramatically reduced illicit money transfers into the state and disrupted smuggling networks, so traffickers had their payments routed from other American states to Mexico, even as they continued to sneak people in through Arizona.

"Mexico is the obvious location," said Arizona Attorney General Terry Goddard, whose office released a report saying immigrant smuggling in the state is a $1.7 billion a year business. "If the court says we can't go there, that's a huge, huge problem."

Western Union said state prosecutors have no power to interfere with transfers into another country, that the company reports suspicious transfers and that some customers have complained about problems in getting back seized money.

"I can't tell you if an individual customers has walked away, but it has affected transaction volume in the short-term," Western Union spokeswoman Sherry Johnson said of the effect of court orders, known as "damming warrants" because they block the flow of money.

The latest seizure effort has been denounced by some lawmakers in Mexico, which depends heavily on money wired from Mexicans who are working in the United States. An immigrant rights group also filed a lawsuit against prosecutors, alleging the orders were overly broad and ensnared innocent people.

When arranging passage into Arizona, would-be border-crossers make down payments on smuggling fees that typically range from $1,500 to $2,500.