The case of two Border Patrol agents who began serving decadelong sentences last week for shooting a Mexican transporting 700 pounds of marijuana near the border has become a cause celebre among conservatives and on talk shows, with calls for a presidential pardon.

The debate has drawn requests for a pardon from 250,000 U.S. citizens in a petition sponsored by Grassfire.org. And in an unusual move, 76 Republican House members have sponsored a bill to grant the agents a first-of-its kind “congressional pardon,” should the president not grant one.

While some say agents Ignacio Ramos and Jose Alonso Compean were given appropriate sentences in the non-fatal shooting of Osvaldo Aldrete-Davila, others argue their punishment is too severe and will demoralize the Border Patrol and send the wrong message to people trying to enter the country illegally.

Federal prosecutors argued that the agents used excessive force by firing at least 15 rounds at Aldrete-Davila. The agents knew he was unarmed and shot him while he was running away, then failed to report the shooting as required by official policy and hid evidence, according to prosecutors.

At the time of the shooting, the agents did not know Aldrete-Davila was in the country illegally or had 700 lbs. of marijuana — at an estimated street value of $1million — in his truck, and Aldrete-Davila was granted immunity from prosecution related to the incident in order to have him testify in the case, the prosecutors said.

The two agents are awaiting an appeal.

Rep. Dana Rohrabacher, R-Calif., has been visiting members of both chambers of Congress this week with Monica Ramos, the wife of the border patrol agent currently serving 11 years in prison. She attended the president’s State of the Union address as Rohrabacher’s guest.

Rohrabacher is hoping to increase pressure on President Bush to pardon Ramos and Compean, who was given a 12-year sentence.

Following the State of the Union address, Rohrabacher said in an interview with CQ Homeland Security, “This president has neutered the Border Patrol and now he’s talking about border security.”

Bush said in his address, “When laws and borders are routinely violated, this harms the interests of our country” and called for a “conclusive” debate on immigration.

In an interview with KFOX-TV in El Paso, Texas, over the weekend, Bush seemed to imply he may consider pardoning the agents.

“On this case, people need to take a hard look at the facts, at the evidence that the jury looked at, as well as a judge. And that’s — I will do the same thing,” he said.

Rohrabacher said the case would make other agents think they can’t use their guns.

In the Capitol’s Statuary Hall after the State of the Union address, Rohrabacher introduced Mrs. Ramos to Sen. Sam Brownback, R-Kan., who is running for president.

A tearful Ramos said to Brownback, “Please, my family has tremendously suffered.”

Brownback asked why the president has not pardoned the agents.

“Because he’s arrogant and he’s aloof,” Rohrabacher replied.

Rep. Duncan Hunter, R-Calif., said in an interview that he believed the president had been immersed in the war in Iraq but that he might shortly find the time to closely look at the agents’ case.

And if the president does not issue a pardon, Hunter introduced a bill (HR 563) last week to have Congress issue its own pardon. The measure has garnered 75 cosponsors.

Hunter, who will formally announce his candidacy for president Thursday, was given legal advice that Congress has not previously passed legislation granting an individual pardon and that the Supreme Court has not ruled on the constitutionality of doing so.

The president would still have to sign the legislation for it to become law, but this way Congress could initiate the pardon.

In introducing his bill, Hunter said the “Border Patrol is America’s first line of defense against the constant and unrelenting efforts of drug and human smugglers to illegally enter the United States . . . This conviction demoralizes our nation’s Border Patrol and sends a clear message that we are not serious about protecting our borders and enforcing our immigration laws.”

Rep. Silvestre Reyes, D-Texas, said in an e-mail to CQ Homeland Security, “There is no stronger advocate for the Border Patrol in Congress than me, and as a former Border Patrol agent and Chief, I especially understand the unfortunate nature of this situation. Their case is continuing through the judicial system, and we must respect the process.”

Eleanor Stables can be reached at estables@cq.com.

First posted Jan. 24, 2007 7:37 p.m.