CASE STUDY: City of El Centro v. United States Instructions: Read the scenario below and answer the question that follows. Early in the morning of January 23, 1985, Border Patrol agents observed several vans parked on the American side of the border between the United States and Mexico, near El Centro, California. The vans were parked in an area known to be a rendezvous point for smugglers of illegal aliens. At about the same time, the Border Patrol had indications that a group of people were moving on foot in the general direction of the vans. A short time later, the agents saw one of the vans traveling eastward on the highway. The agents followed in their vehicle, activating their emergency lights. The van did not stop and a high speed chase ensued. With the border patrol agents in hot pursuit, the van raced along California Highway 8. In an unsuccessful attempt to elude the pursuing agents, the van, still travelling at speeds in excess of 60 miles per hour, swerved off the highway and onto an exit ramp. Reaching the top of the ramp, the van failed to negotiate a turn and, vaulting over an embankment, crashed, exploded and burned. The pursuing agents quickly arrived at the crash scene, extinguished the flames and radioed for assistance. Fourteen illegal aliens in the van were taken by ambulance to El Centro Community Hospital (ECCH) for treatment. The driver and two of the passengers died in the accident. Responding to the emergency call, ECCH prepared for the arrival of the injured aliens. Medical personnel as well as Assistant Director of Finance for ECCH, Kaye Fox, arrived at ECCH ahead of the injured aliens. Uniformed Border Patrol Agent Mario Hernandez also arrived at the hospital ahead of the injured aliens. The Claims Court found that when Ms. Fox asked Agent Hernandez who would pay for the treatment of the aliens, Agent Hernandez responded, "me and you" [sic]. Based on her conversation with Agent Hernandez, Ms. Fox understood that the Border Patrol would be responsible for the costs of hospitalization. Agent Hernandez instructed the hospital to notify the Border Patrol prior to the release of any of the aliens so that each alien would be released from ECCH directly into the custody of the Border Patrol. While hospitalized, the aliens were photographed by Immigration and Naturalization Service (INS) investigators and had their medical records reviewed by an INS doctor visiting ECCH. At least one INS investigator also signed ECCH consent forms for those aliens unable to sign. The investigator signed on a line marked "Patient/Parent/Conservator/Guardian."

Question: Assuming that Agent Hernandez's comment meant that the Government would pay ECCH for the hospitalization costs, is the Government legally obligated to pay? Why?