Handling of Alvarez Machain

In response to your editorial “Two Crimes Were Committed,” Dec. 16, regarding the Dr. Humberto Alvarez Machain case:

I want to state for the record that Dr. Humberto Alvarez Machain was handled by INS in a manner, and according to policy, that we would handle any other individual who was in the United States without proper documentation, i.e., he was afforded the opportunity to determine if he did in fact want to pursue a desire to remain here or whether he wished to return to his country of origin/nationality.

He was only briefly detained by INS for processing matters (approximately one hour, from 8:30 p.m. to 9:30 p.m., on Dec. 14) in order that the aforementioned facts could be determined by our officials. He chose the latter course of action.

Next, and in full collaboration with the Mexican Consulate, INS arranged to have Alvarez Machain leave the country on a commercial flight scheduled for departure at 11:30 p.m. that same day. Unfortunately, the flight was delayed one hour. It departed at 12:30 a.m., Dec. 15. In addition, it should be noted that Alvarez Machain departed in the company of Mexican Consular officials. I would reiterate here that INS worked closely with the Mexican consul general, Fausto Zapata, and his designated staff members, in affecting Alvarez Machain’s departure in an expeditious manner.

Any allegation or inference that INS was attempting to delay his departure for any reason is completely unfounded.

ROBERT M. MOSCHORAK

Los Angeles District Director

U.S. Immigration & Naturalization Service